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Town and Country Planning (Scotland) Act 1997
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- 1997 c. 8
- SCHEDULE 1
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Town and Country Planning (Scotland) Act 1997, SCHEDULE 1 is up to date with all changes known to be in force on or before 20 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by S.S.I. 2008/189 art. 53(3)
- Act power to apply (with or without modifications) conferred by 2021 asp 9 s. 45(3)(b)(c)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 11A inserted by 2006 asp 17 s. 29
- Pt. 12A inserted by 2006 asp 17 s. 30
- Pt. 12A inserted by 2019 asp 13 s. 46(2)
- s. 3CD inserted by 2019 asp 13 s. 4(2)
- s. 20AA(4)(a)(iii) inserted by 2019 asp 13 s. 14(6)
- s. 29(1)(ca) inserted by 2019 asp 13 Sch. 2 para. 5(3)(b)
- s. 36(1)(ca) inserted by 2019 asp 13 Sch. 2 para. 5(4)(b)
- s. 36(5)(6) inserted by 2019 asp 13 s. 36(2)
- s. 40A inserted by 2019 asp 13 s. 19(2)
- s. 43A-43AD substituted for s. 43A by 2019 asp 13 s. 28(2)
- s. 47(2)(aa) inserted by 2019 asp 13 s. 28(3)(a)
- s. 47(2A) inserted by 2019 asp 13 s. 28(3)(b)
- s. 47(6) inserted by 2019 asp 13 s. 31(2)(c)
- s. 54A-54F and cross-heading inserted by 2019 asp 13 s. 15(2)
- s. 57(2C)(2D) inserted by 2021 asp 9 s. 44(2)
- s. 58(4)(fa) inserted by 2019 asp 13 Sch. 2 para. 5(5)(b)
- s. 61(1)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(6)(b)
- s. 75(4A) inserted by 2019 asp 13 s. 35(2)
- s. 75A(5A) inserted by 2019 asp 13 s. 35(3)
- s. 77A inserted by 2019 asp 13 s. 39(2)
- s. 135(4A) inserted by 2019 asp 13 s. 43(2)(c)
- s. 154(1)(c) and word inserted by 2019 asp 13 s. 28(4)(a)(ii)
- s. 154(1A) inserted by 2019 asp 13 s. 28(4)(b)
- s. 158A(1A) inserted by 2019 asp 13 s. 44(2)
- s. 158B-158F and cross-heading inserted by 2019 asp 13 s. 43(3)
- s. 183(1)(c) inserted by 2019 asp 13 Sch. 2 para. 5(7)(b)
- s. 237(1)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(8)
- s. 238(3)(a)-(c) inserted by 2019 asp 13 Sch. 2 para. 5(9)(a)(ii)
- s. 238(5)(ba) inserted by 2019 asp 13 Sch. 2 para. 5(9)(b)
- s. 238(7) inserted by 2019 asp 13 Sch. 2 para. 5(9)(c)
Section 24(4).
SCHEDULE 1S Old development plans
PreliminaryS
[F11SIn this schedule “old development plan” means—
(a)a local plan,
(b)a strategic development plan,
(c)supplementary guidance.]
Textual Amendments
F1Sch. 1 para. 1 substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(2); S.S.I. 2023/10, reg. 2(2)(b)
Continuation in force of old development plansS
2SAny old development plan which immediately before the [F2coming into force of [F3section 13 of the Planning (Scotland) Act 2019]] was in force as respects any area shall, subject to the provisions of this Schedule, continue in force as respects that area and be treated for the purposes of this Act, any other enactment relating to town and country planning and the M1Land Compensation (Scotland) Act 1963 as being comprised in the development plan for that area.
Textual Amendments
F2Words in Sch. 1 para. 2 substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(3), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
F3Words in Sch. 1 para. 2 substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(3); S.S.I. 2023/10, reg. 2(2)(b)
Marginal Citations
F4...S
Textual Amendments
F4Sch. 1 para. 3 and cross-heading repealed (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(4); S.S.I. 2023/10, reg. 2(2)(b)
F43S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Street authorisation mapsS
F54S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 1 para. 4 repealed (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(5), 59(2)(with S.S.I. 2008/427, arts. 1(1), 6) ; S.S.I. 2009/70, art. 2, sch.
F6...S
Textual Amendments
F6Sch. 1 para. 5 and cross-heading repealed (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(4); S.S.I. 2023/10, reg. 2(2)(b)
F65S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7Discontinuance of old development plans]S
Textual Amendments
F7Sch. 1 para. 6 cross-heading substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(6); S.S.I. 2023/10, reg. 2(2)(b)
[F86SOn the publication of the revised National Planning Framework under section 3CA(7) after the coming into force of section 13 of the Planning (Scotland) Act 2019, all strategic development plans and any supplementary guidance issued in connection with them cease to have effect.]
Textual Amendments
F8Sch. 1 paras. 6, 6A substituted for sch. 1 para. 6 (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(5) (as amended (18.12.2019) by S.S.I. 2019/424, regs. 1, 2(5)); S.S.I. 2023/10, reg. 2(2)(b)
[F86ASOn the constitution of a local development plan for an area under section 20 after the coming into force of section 13 of the Planning (Scotland) Act 2019—
(a)so much of any local plan in force by virtue of paragraph 2 as relates to the area to which the plan so adopted relates ceases to have effect, and
(b)any supplementary guidance issued in connection with a local development plan for that area ceases to have effect.]
Textual Amendments
F8Sch. 1 paras. 6, 6A substituted for sch. 1 para. 6 (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(5) (as amended (18.12.2019) by S.S.I. 2019/424, regs. 1, 2(5)); S.S.I. 2023/10, reg. 2(2)(b)
[F97SThe Scottish Ministers may by regulations provide that any of the provisions of an old development plan are to continue in force in relation to an area despite paragraphs 6 and 6A.]
Textual Amendments
F9Sch. 1 para. 7 substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(7); S.S.I. 2023/10, reg. 2(2)(b)
8SThe Secretary of State may by order wholly or partly revoke [F10an old] development plan continued in force under this Schedule whether in its application to the whole of the district of a planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.
Textual Amendments
F10Words in Sch. 1 para. 8 substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(8); S.S.I. 2023/10, reg. 2(2)(b)
9SBefore making an order with respect to a development plan under paragraph 7 or 8, the Secretary of State shall consult the planning authority for the districtF11... to which the plan relates.
Textual Amendments
F11Words in Sch. 1 para. 9 repealed (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(9); S.S.I. 2023/10, reg. 2(2)(b)
[F12Further provision as to interpretationS
Textual Amendments
F12 Sch. 1 para. 10 and cross-heading added (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(10), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
[F1310SIn this schedule—
“local plan” is to be construed in accordance with section 11 as that section applied immediately before the coming into force of the Planning etc. (Scotland) Act 2006,
“strategic development plan” is to be construed in accordance with section 7 as it applied immediately before the coming into force of section 6 of the Planning (Scotland) Act 2019,
“supplementary guidance” means guidance issued under section 22 of this Act as it applied immediately before the coming into force of section 9 of the Planning (Scotland) Act 2019.]]
Textual Amendments
F13Sch. 1 para. 10 substituted (11.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 4(10); S.S.I. 2023/10, reg. 2(2)(b)
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