F11S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 14 para. 1 repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(14)(a); S.S.I. 2023/10, reg. 3(2)(e)
2(1)This paragraph applies to land which—S
(a)is allocated for the purposes of any such functions as are mentioned in [F2sub-paragraph (1A)] by a local [F3development] plan in force, or
(b)is land defined in such a plan as the site of proposed development for the purposes of any such functions.
[F4(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.]
[F5(2)In sub-paragraph (1), the reference to a local development plan in force includes a reference to a proposed local development plan which has been submitted to the Scottish Ministers under section 18(3)(b) or 19A(5)(b)(ii).]
[F5(3)Sub-paragraph (2) ceases to apply—
(a)when the proposed local development plan (whether or not modified) is constituted under section 20(1) as the local development plan, or
(b)when as regards the proposed local development plan the planning authority arrive at the consideration mentioned in section 19A(6).]
(4)In sub-paragraph (2) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section [F623B].
Textual Amendments
F2Words in Sch. 14 para. 2(1)(a) substituted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(14)(b)(i); S.S.I. 2023/10, reg. 3(2)(e)
F3Word in Sch. 14 para. 2(1)(a) inserted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(i), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.
F4Sch. 14 para. 2(1A) inserted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(14)(b)(ii); S.S.I. 2023/10, reg. 3(2)(e)
F5Sch. 14 para. 2(2)(3) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(ii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.
F6Word in Sch. 14 para. 2(4) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(iii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.
3SThis paragraph applies to land indicated in a plan (other than a development plan) approved by a resolution passed by a planning authority for the purpose of the exercise of their powers under Part III as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers.
4SThis paragraph applies to land in respect of which a planning authority—
(a)have resolved to take action to safeguard it for development for the purposes of any such functions as are mentioned in paragraph 3, or
(b)have been directed by the Secretary of State to restrict the grant of planning permission in order to safeguard it for such development.