Regulation 30 Transitional Provisions – local plansI1

Scotland

(1)

This regulation applies to a local plan or a proposal to alter, repeal or replace a local plan in respect of which, before the relevant date–

(a)

the planning authority have taken such steps as will in their opinion secure that the requirements of section 12(1)(a) of the Act (publicity and consultation) (as that section applied immediately before the relevant date) are satisfied; but

(b)

notice of a local inquiry under regulation 34 of the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983^f1 has not been given by local advertisement (within the meaning of those Regulations).

(2)

Where this regulation applies, regulations 1, 17 to 23 and Schedule 4 apply to a local plan or a proposal to alter, repeal or replace a local plan as they apply to a local development plan subject to the modifications specified in paragraph (3).

(3)

The modifications are–

(a)

references to–

(i)

a local development plan are to be treated as references to a local plan or, as the case may be, a proposal to alter, repeal or replace a local plan; and

(ii)

the local development plan area are to be treated as references to the area of land to which the local plan F1or, as the case may be, a proposal to alter, repeal or replace a local plan relates;

(b)

in regulation 18 for the definition of “unresolved representations” substitute–

“ F2““unresolved representations” means any objections to a local plan or a proposal to alter, repeal or replace a local plan, as the case may be, timeously made to the planning authority (and not subsequently withdrawn) following the local plan or proposal being made available for inspection under section 12(3)(a) of the Act (as that section applied immediately before the relevant date).” ”; and

(c)

paragraphs (d) to (f) of regulation 20(1) do not apply.

Annotations

Textual amendments

F1: Words in reg. 30(3)(a)(ii) inserted (16.11.2009) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009 (S.S.I. 2009/343), regs. 1, 4(2)(a)
F2: Words in reg. 30(3)(b) substituted (16.11.2009) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009 (S.S.I. 2009/343), regs. 1, 4(2)(b)

Commencement

I1: Reg. 30 in force at 28.2.2009, see reg. 1(1)

Footnotes

f1: S.I. 1983/1590.