Town and Country Planning (Scotland) Act 1997

[F1 Supplementary provisions S

Textual Amendments

F1 Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.

23 Disregarding of representations with respect to development authorised by or under other enactments S

(1) Where subsection (2) applies—

(a) neither the Scottish Ministers nor a strategic development planning authority need consider representations with respect to—

(i) a main issues report compiled under section 9, or

(ii) a proposed strategic development plan, and

(b) neither the Scottish Ministers nor a planning authority need consider representations with respect to—

(i) a main issues report compiled under section 17, or

(ii) a proposed local development plan.

(2) This subsection applies where it appears to the Scottish Ministers or the authority, as the case may be, that those representations are in substance representations with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section 5, 7, 9 or 12 of the Roads (Scotland) Act 1984 (c. 54) (trunk road orders, special road schemes and orders for other public roads), or

(b) an order under section 1 of the New Towns (Scotland) Act 1968 (c. 16) (designation of sites of new towns).

23A Regulations under this Part S

(1) Regulations under this Part may extend throughout Scotland or to specified areas only and may make different provision for different cases.

(2) Subject to the previous provisions of this Part and to any such regulations, the Scottish Ministers may give directions to any planning authority or strategic development planning authority, or to planning authorities or strategic development planning authorities generally for—

(a) formulating the procedure for the carrying out of functions under this Part, or

(b) requiring them to give the Scottish Ministers such information as the Scottish Ministers may require for carrying out functions under this Part.

23B Default powers of the Scottish Ministers S

(1) This section applies where—

(a) under any of the previous sections of this Part, any strategic development plan or local development plan requires to be prepared, any main issues report requires to be compiled or any proposed strategic development plan or proposed local development plan requires to be submitted to the Scottish Ministers, or steps are required to be taken for the adoption of a proposed local development plan, and

(b) the Scottish Ministers are satisfied that the authority in question—

(i) are not, within a reasonable period, doing what is required, or

(ii) have not met a time limit specified in any of those provisions for doing what is required (or some part of what is required).

(2) Where this section applies, the Scottish Ministers may—

(a) direct the authority in question (the “defaulting authority”) to carry out that authority's functions in relation to the matter and may specify in the direction the factors to be taken into account or objectives to be achieved by that authority in so doing, or

(b) prepare a strategic development plan or local development plan.

(3) Where this section applies and the defaulting authority is a strategic development planning authority, the Scottish Ministers may authorise one of the planning authorities which the defaulting authority comprises to do what is required on behalf of the defaulting authority.

(4) The previous sections of this Part apply, so far as applicable and with any necessary modifications, in relation to the doing of anything—

(a) under subsection (2)(b) by the Scottish Ministers, or

(b) by virtue of subsection (3) by an individual planning authority,

as they apply in relation to the doing of anything by the defaulting authority.

(5) The defaulting authority—

(a) must on demand repay to the Scottish Ministers so much of any expenses incurred by the Scottish Ministers in connection with the doing of anything which should have been done by the defaulting authority as the Scottish Ministers certify to have been incurred in the performance of the defaulting authority's functions, and

(b) must repay to a planning authority who by virtue of subsection (3) do anything which should have been done by the defaulting authority, any expenses certified by the Scottish Ministers to have been reasonably incurred by the planning authority in connection with the doing of that thing.

23C Reviews of plans in enterprise zones S

As soon as practicable after an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65) (designation of enterprise zone scheme) or a notification has been given under paragraph 11 of that Schedule (modification of such a scheme)—

(a) a strategic development planning authority for a strategic development plan area in which the enterprise zone is wholly or partly situated are, in the light of the provisions of the scheme or modified scheme, to review the strategic development plan for that area, and

(b) a planning authority for a district in which the enterprise zone is wholly or partly situated are, in that light, to review any local development plan which relates to land situated both in the district and in the zone.

23D Meaning of “key agency” S

Any reference in a provision of this Part to a “key agency” is to a body which the Scottish Ministers specify as such for the purposes of that provision by regulations.

24 Meaning of “development plan” S

(1) For the purposes of this Act, any other enactment relating to town and country planning and the Land Compensation (Scotland) Act 1963 (c. 51), the development plan for any strategic development plan area is to be taken as consisting—

(a) of the provisions of the strategic development plan for the time being in force for the area, together with—

(i) the Scottish Ministers' notice of approval of that plan, and

(ii) any supplementary guidance issued in connection with that plan, and

(b) of the provisions of any local development plan for the time being applicable to the area, together with—

(i) the planning authority's resolution of adoption of, or as the case may be the Scottish Ministers' notice of approval of, that plan, and

(ii) any supplementary guidance issued in connection with that plan.

(2) For the purposes mentioned in subsection (1), the development plan for any other area (whether the whole or part of the district of a planning authority) is to be taken as consisting as mentioned in paragraph (b) of that subsection.

(3) A reference in subsection (1)(b) to provisions of a plan, to a notice of approval or to a resolution of adoption is, in relation to an area forming part of the district to which they are, or as the case may be it is, applicable, to be construed as a reference to so much of the provisions, notice or resolution as is applicable to the area.

(4) A reference in subsection (1) to a notice of approval is, in relation to any plan made by the Scottish Ministers under section 23B, to be construed as a reference to a notice of the making of the plan.

(5) This section has effect subject to Schedule 1 (old development plans).]