Town and Country Planning (Scotland) Act 1997

Section 24(4).

SCHEDULE 1 Old development plans

Preliminary

1 In this Schedule “old development plan” means a development plan to which paragraph 2 of Schedule 5 to the 1972 Act (continuation in force of development plans prepared before structure plans became operative) applied immediately before the commencement of this Act.

Continuation in force of old development plans

2 Any old development plan which immediately before the commencement of this Act 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 [1963 c. 51.] Land Compensation (Scotland) Act 1963 as being comprised in the development plan for that area.

Structure plans to prevail over old development plans

3 Subject to the following provisions of this Schedule, where by virtue of paragraph 2 the old development plan for any area is treated as being comprised in a development plan for that area and there is a conflict between any of its provisions and those of the structure plan for that area, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III and V to VIII and section 85 of this Act, the [1997 c. 9.] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and the [1997 c. 10.] Planning (Hazardous Substances) (Scotland) Act 1997.

Street authorisation maps

4 Where immediately before the commencement of this Act a street authorisation map prepared in pursuance of the [S.I. 1966/1385.] Town and Country Planning (Development Plans) (Scotland) Regulations 1966 was treated for the purposes of the 1972 Act as having been adopted as a local plan for an area by a planning authority, it shall continue to be so treated.

Development plans for compensation purposes

5 Where there is no local plan in force in an area to which a structure plan applies, then, for any of the purposes of the Land Compensation (Scotland) Act 1963—

(a) the development plan or current development plan shall as respects that area be taken as being—

(i) the structure plan so far as applicable to the area, and any alterations to it, together with the Secretary of State’s notice of approval of the plan and alterations, or

(ii) the old development plan,

whichever gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, and

(b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in—

(i) any area wholly or partly within that area selected by the structure plan as an action area, or

(ii) the area so defined in the old development plan,

whichever leads to such assumptions as are mentioned in paragraph (a).

Discontinuance of old development plan on adoption of local plan

6 Subject to paragraph 7, on the adoption or approval of a local plan under section 17 or 19 so much of any old development plan as relates to the area to which the local plan relates shall cease to have effect.

7 The Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the local plan relates and, if he does so, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.

8 The Secretary of State may by order wholly or partly revoke a 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.

9 Before 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 district to which the plan relates.