Town and Country Planning (Scotland) Act 1997

Land allocated for public authority functions in development plans etc. S

1 (1) This paragraph applies to land indicated in a structure plan in force for the area in which it is situated either— S

(a) as land which may be required for the purposes—

(i) of the functions of a government department, local authority or statutory undertakers, or

(ii) of the [F1 provision by an electronic communications operator of an electronic communications code network or the provision by a former PTO of a public electronic communications network or a public electronic communications service], or

(b) as land which may be included in an action area.

(2) This paragraph does not apply to land situated in an area for which a local plan is in force, where that plan—

(a) allocates any land in the area for the purposes of such functions as are mentioned in this paragraph, or

(b) defines any land in the area as the site of proposed development for the purposes of any such functions.

(3) This paragraph does not apply to land to which paragraph 3 or 4 applies.

(4) In sub-paragraph (1) the reference to a structure plan in force includes a reference to—

(a) a structure plan which has been submitted to the Secretary of State under section 6,

(b) proposals for the alteration or repeal and replacement of a structure plan which have been submitted to the Secretary of State under section 9, and

(c) modifications proposed to be made by the Secretary of State in any such plan or proposals, being modifications of which he has given notice in accordance with regulations under Part II.

(5) Sub-paragraph (4) shall cease to apply—

(a) if the copies of the proposals made available for inspection are withdrawn under section 8(10),

(b) when the relevant proposals come into force (whether in their original form or with modifications), or

(c) when the Secretary of State decides to reject the proposals in accordance with section 10 and notice of the decision has been given by advertisement.

(6) In sub-paragraph (4) references to anything done under any provision include reference to anything done under that provision as it applies by virtue of section 22.

Textual Amendments

F1 Words in Sch. 14 para. 1(1)(a)(ii) substituted (17.9.2003) by Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 1(1), Sch. 1 para. 13(4)

2 (1) This paragraph applies to land which— S

(a) is allocated for the purposes of any such functions as are mentioned in paragraph 1(1)(a)(i) or (ii) by a local 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.

(2) In sub-paragraph (1) the reference to a local plan in force includes a reference to—

(a) a local plan of which copies have been made available for inspection under section 12(3),

(b) proposals for the alteration or repeal and replacement of a local plan of which copies have been made available for inspection under section 12(3), and

(c) modifications proposed to be made by the planning authority or the Secretary of State in any such plan or proposals as are mentioned in paragraph (a) or (b), being modifications of which notice has been given by the authority or the Secretary of State in accordance with regulations under Part II.

(3) Sub-paragraph (2) shall cease to apply—

(a) if the copies of the plan or proposals made available for inspection are withdrawn under section 8(10),

(b) when the relevant plan or proposals come into force (whether in their original form or with modifications), or

(c) when the Secretary of State decides to reject, or the planning authority decide to abandon, the plan or proposals and notice of the decision has been given by advertisement.

(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 22.

3 S This 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.

4 S This 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.