Miscellaneous and General

54AF1“Developments of national significance” etc.: special procedure

F21

Subsection (4) below applies to a harbour revision order or harbour empowerment order which falls within subsection (2) below.

2

F3An order falls within this subsection if—

a

F4it authorises the carrying out of work which would constitute a national development; or

b

F5it is the subject of a direction by the Scottish Ministers under this paragraph.

3

In subsection (2) above and subsection (5) below, references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.

F64

The order is subject to the affirmative procedure.

5

F7An order (“the new order”) which revokes, amends or re-enacts an F8order (“the old order”) which was subject to the affirmative procedure by virtue of subsection (4) above is subject to the procedure in that subsection only if—

a

the F9new order authorises the carrying out of work which would constitute a national development (other than a national development to which the F10old order relates); or

b

the Scottish Ministers so direct.