The Conservation (Natural Habitats, &c.) Regulations 1994

[F1 Interpretation S

85A.— (1) In this Part–

“the 1997 Planning Act” means the Town and Country Planning (Scotland) Act 1997;

“land use plan” means an alteration or replacement of a structure plan or local plan as provided for in Part II of the 1997 Planning Act;

“plan making authority” means–

(a)

a planning authority;

(b)

the Loch Lomond and the Trossachs National Park Authority and the Cairngorms National Park Authority;

(c)

the Scottish Ministers when exercising powers under section 10 (approval or rejection of structure plans), section 19 (approval of plans or proposals) and section 22 (default powers of the Scottish Ministers) of the 1997 Planning Act;

“planning authority” has the meaning given in section 1 of the 1997 Planning Act.

(2) References in this Part to giving effect to a land use plan are to–

(a) the adoption by a planning authority, the Loch Lomond and the Trossachs National Park Authority or the Cairngorms National Park Authority of a local plan under section 17 of the 1997 Planning Act;

(b) the approval by the Scottish Ministers of a structure plan under section 10 or a local plan under section 19 of the 1997 Planning Act.]

Extent Information

E1 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F1 Pt. 4A inserted (S.) (15.2.2007) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), reg. 2, sch. 1

[F3 Interpretation E+W

85A.— (1) This Part extends to England and Wales only.

(2) In this Part—

“the 1990 Act” means the Town and Country Planning Act 1990;

“the 1999 Act” means the Greater London Authority Act 1999;

“the 2004 Planning Act” means the Planning and Compulsory Purchase Act 2004;

“the 2005 Order” means the Planning and Compulsory Purchase Act 2004 (Commencement No.3 and Consequential, Transitional and Saving Provisions) (Wales) Order 2005;

“land use plan” means—

(a)

the regional spatial strategy under Part 1 (regional functions) of the 2004 Planning Act;

(b)

the spatial development strategy under section 334 (the spatial development strategy) of the 1999 Act;

(c)

a local development document as provided for in Part 2 (local development) of the 2004 Planning Act other than a statement of community involvement under section 18 (statement of community involvement) of that Act;

(d)

a local development plan as provided for in Part 6 (Wales) of the 2004 Planning Act;

(e)

the Wales Spatial Plan under section 60 (Wales Spatial Plan) of the 2004 Planning Act;

(f)

an alteration or replacement of a structure plan, unitary development plan, local plan, minerals local plan, or waste local plan under Part 2 (development plans) of the 1990 Act to the extent permitted by Schedule 8 (transitional provisions) to the 2004 Planning Act; or

(g)

a unitary development plan as provided for in Part 2 of the 1990 Act to the extent permitted by section 122(3) (regulations and orders) of the 2004 Planning Act and article 4 of the 2005 Order;

“plan-making authority” means—

(a)

a regional planning body recognised by the Secretary of State under section 2(1) (regional planning bodies) of the 2004 Planning Act;

(b)

the Mayor of London when exercising powers under section 341(1) or (2) (alteration or replacement) of the 1999 Act;

(c)

an authority which, by virtue of Part 1 (planning authorities) of the 1990 Act or an order under section 29(2) (joint committees) of the 2004 Planning Act, is a local planning authority;

(d)

the Secretary of State when exercising powers under—

(i)

section 21 (intervention by Secretary of State) or section 27 (Secretary of State's default power) of the 2004 Planning Act; or

(ii)

section 19(1) (approval of a unitary development plan by the Secretary of State), section 35A(4) (calling in of proposal for approval by the Secretary of State) or section 45(1) (approval of proposals by the Secretary of State) of the 1990 Act to the extent permitted by Schedule 8 to the 2004 Planning Act; or

(e)

the Welsh Ministers when exercising powers under—

(i)

section 60(3), section 65 (intervention by Assembly) or section 71(4) (Assembly's default power) of the 2004 Planning Act; or

(ii)

under section 19(1) of the 1990 Act to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order.

(3) References in this Part to giving effect to a land use plan are to—

(a) the publication, under section 9(6) (RSS: further procedure) of the 2004 Planning Act, of a revision of a regional spatial strategy;

(b) the approval, under section 21(9) or section 27(4) of the 2004 Planning Act, of a local development document;

(c) the adoption, under section 23 (adoption of local development documents) of the 2004 Planning Act, of a local development document other than a statement of community involvement under section 18 (statement of community involvement) of that Act;

(d) the publication, under section 341 (alteration or replacement) of the 1999 Act, of alterations of the spatial development strategy or a new spatial development strategy to replace it;

(e) the publication, under section 60 (Wales Spatial Plan) of the 2004 Planning Act, of a revision of the Wales Spatial Plan;

(f) the adoption, under section 67 (adoption of local development plan) of the 2004 Planning Act, of a local development plan;

(g) the approval, under section 65(9) or section 71(4) of the 2004 Planning Act, of a local development plan;

(h) the adoption, under section 35(1) (adoption of proposals), or approval under section 35A(4) of the 1990 Act, of an alteration or replacement of a structure plan to the extent permitted by paragraph 2(2) of Schedule 8 to the 2004 Planning Act;

(i) the adoption, under section 15(1) (adoption of unitary development plans by local planning authority) and that provision as applied by section 21(2) (alteration or replacement) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(j) the approval, under section 19(1) and that provision as applied by section 21(2) of the 1990 Act, of an alteration or replacement of a unitary development plan to the extent permitted by paragraph 4(1) of Schedule 8 to the 2004 Planning Act;

(k) the adoption, under section 43(1) (adoption of proposals) or approval under section 45(1) of the 1990 Act, of an alteration or replacement of a local plan or a minerals local plan or waste local plan to the extent permitted by paragraph 9(1), 10(1) or 14 of Schedule 8 to the 2004 Planning Act;

(l) the adoption, under section 15(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order; or

(m) the approval, under section 19(1) of the 1990 Act, of a unitary development plan to the extent permitted by section 122(3) of the 2004 Planning Act and article 4 of the 2005 Order.]

Extent Information

E2 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F3 Pt. 4A inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(55), Sch. 1 (with reg. 9)