(This note is not part of the Order)
This Order amends the enactments specified in the Schedule, which relate to town and country planning, in consequence of the provisions of Part 1 of the Transport Act 2000.
The relevant main effects of Part 1 of the Transport Act 2000 are that a person to whom a licence under that Part is granted (“a licence holder”) is to provide air traffic services and the Civil Aviation Authority is to regulate the provision of those services. The provision of such services as comprise the air traffic services was formerly the responsibility of the Civil Aviation Authority and it remains responsible for the performance of air navigation functions.
Paragraph 1 of the Schedule amends section 216 of the Town and Country Planning (Scotland) Act 1997 to provide that the section does not apply for the purposes of determining whether land in which an interest is held by a licence holder or associated company is, in relation to the licence holder or company, operational land for the purposes of that Act.
Paragraph 2 of the Schedule amends the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 so that a licence holder is deemed to be a statutory undertaker for the purpose of the display of advertisements of Class 1 specified in Schedule 4 to the extent that he is carrying out activities authorised by the licence.
Paragraph 3 of the Schedule amends the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 to provide that:
(a)development by a relevant airport operator or its agent on operational land at or near an airport is granted planning permission if in connection with the provision of air traffic services; and
(b)other specified classes of development in connection with the provision of such services or to station moveable apparatus in an emergency or for not more than six months are granted planning permission when carried out by or on behalf of a licence holder.
A full regulatory assessment has not been produced for this instrument as it has no impact on the costs of business.