The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Transitional Provisions – structure plans S

29.—(1) This regulation applies to a structure plan or a proposal for the alteration or repeal and replacement of a structure plan (within the meaning of the Act immediately before the relevant date)–

(a) in respect of which the planning authority have, before the relevant date, taken such steps as will in their opinion secure that the requirements of section 8(1) (publicity and consultation) or as, the case may be section 9(4) (alteration and replacement of structure plans) of the Act (as those sections applied immediately before the relevant date) are satisfied; but

(b) has not been submitted to the Scottish Ministers before the relevant date.

(2) Where this regulation applies, regulations 1, 5 to 7, 18 to 23 and Schedule 4 apply to a structure plan or a proposal for the alteration or repeal and replacement of a structure plan as they apply to a strategic development plan subject to the modifications specified in paragraph (3).

(3) The modifications are–

(a) references to–

(i) a strategic development plan are to be treated as references to a structure plan or, as the case may be, a proposal for the alteration or repeal and replacement of a structure plan;

(ii) the strategic development plan area are to be treated as references to the district of the planning authority or, where two or more planning authorities are to prepare a structure plan jointly under section 5 of the Act (as that section applied immediately before the relevant date), references to the structure plan area designated by order under subsection (1) of that section; and

(iii) a strategic development planning authority are to be treated as references to the planning authority or planning authorities, as the case may be, which are preparing the structure plan; and

(b) paragraphs (d) to (f) of regulation 20(1) do not apply.

Commencement Information

I1 Reg. 29 in force at 28.2.2009, see reg. 1(1)