Planning (Scotland) Act 2019

Removal of requirement to prepare strategic development plans S

1 (1) The Town and Country Planning (Scotland) Act 1997 is amended as follows. S

(2) Section 16(6) (local development plan consistency with strategic development plan) is repealed.

(3) In section 20B (development plan schemes)—

(a) in subsection (1), the words “by each strategic development authority and” are repealed,

(b) in subsection (2), in the opening words, for “The authority in question is” substitute “ An authority are ”,

(c) in subsection (3), the words “their strategic development plan or as the case may be” are repealed,

(d) in subsection (5)(c), for “strategic development plan area or the area of the planning authority, as the case may be” substitute “ area of the authority ”.

(4) In section 21 (action programmes)—

(a) subsection (1) is repealed,

(b) in subsection (3), for “the authority in question” substitute “ an authority ”,

(c) paragraph (a) of subsection (4) and the “or” immediately following it are repealed,

(d) in subsection (5), for “the authority in question” substitute “ an authority ”,

(e) in subsection (6), for “the authority in question” substitute “ an authority ”,

(f) sub-paragraph (i) of subsection (10)(b) and the “and” immediately following it are repealed,

(g) in subsection (10)(b)(ii), the words “in the case of a planning authority,” are repealed.

(5) In section 23 (disregarding of representations with respect to development authorised by or under other enactments), paragraph (a) of subsection (1) and the “and” immediately following it are repealed.

(6) In section 23A(2) (directions in relation to functions under Part)—

(a) the words “or strategic development planning authority” are repealed,

(b) the words “or strategic development planning authorities” are repealed.

(7) In section 23B (default powers of the Scottish Ministers)—

(a) in subsection (1)(a)—

(i) the words “strategic development plan or” where they first occur are repealed,

(ii) the words “proposed strategic development plan or” are repealed,

(b) in subsection (2)(b), the words “strategic development plan or” are repealed,

(c) subsection (3) is repealed,

(d) subsection (4)(b) and the word “or” immediately preceding it are repealed,

(e) subsection (5)(b) and the word “and” immediately preceding it are repealed.

(8) In section 23C (reviews of plans in enterprise zones), paragraph (a) and the word “and” immediately following it are repealed.

(9) In section 237 (validity of development plans etc.), in subsection (1)(a), the words “strategic development plan or” are repealed.

(10) In section 238 (proceedings for questioning validity of development plans etc.)—

(a) in subsection (1), the words “strategic development plan or” are repealed,

(b) subsection (5)(a) is repealed.

(11) In section 255(2)(a) (contributions by local authorities and statutory undertakers), the words “a strategic development plan or” are repealed.

(12) In section 269(1)(a) (rights of entry), the words “strategic development plan or” are repealed.

(13) In section 277(1) (interpretation), the entries in the list for “strategic development plan”, “strategic development plan area” and “strategic development planning authority” are repealed.

(14) In schedule 14 (blighted land)—

(a) paragraph 1 is repealed,

(b) in paragraph 2—

(i) in sub-paragraph (1)(a), for the words “paragraph 1(1)(a)(i) or (ii)” substitute “ sub-paragraph (1A) ”,

(ii) after sub-paragraph (1) insert—

“(1A) The functions are—

(a) the functions of a government department, local authority or statutory undertaker,

(b) the provision by an electronic communications operator of an electronic communications code network, or

(c) the provision by a former PTO of a public electronic communications network or a public electronic communications service.”.

Commencement Information

I1 Sch. 2 para. 1 in force at 12.2.2023 by S.S.I. 2023/10, reg. 3(2)(e)