The Town and Country Planning (Isles of Scilly) Order 1992

Transitional provisions respecting development plans

5.—(1) Any old development plan in force for the Isles shall cease to have effect on the coming into force of this Order.

(2) The structure plan in force for the Isles shall continue in force, but subject to paragraph (4) it shall be treated as a local plan complying with sections 36 to 38(1) of the Act, and may be altered or replaced accordingly.

(3) For the purposes of paragraph (2)—

(a) the Secretary of State’s notice of approval shall be treated as forming part of the plan;

(b) the explanatory memorandum shall be treated as reasoned justification; and

(c) the key diagram shall be treated as the proposals map.

(4) The reference in paragraph (2) to the treatment of the structure plan as a local plan shall not affect any blight notice served under Chapter II of Part VI of the Act before this Order comes into force.

(5) In this article, the terms “reasoned justification” and “key diagram” have the meanings they respectively bear in the Town and Country Planning (Development Plan) Regulations 1991(2).

(1)

Sections 36 to 38 were substituted by paragraph 17 of Schedule 4 to the Planning and Compensation Act 1991.

(2)

S.I. 1991/2794; see regulations 7 and 5(1).