OpenLegislation

Section 21E Exclusion of certain descriptions of land or development.F1

Scotland

(1)

The following descriptions of land may not be included in a simplified planning zone—

(a)

land in a conservation area;

(b)

land in a National Scenic Area;

(c)

land identified in the development plan for the area as part of a green belt;

(d)

land in respect of which a notification or order is in force under section 28 or 29 of the Wildlife and Countryside Act M11981 (areas of special scientific interest).

(2)

Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

(3)

The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a)

in relation to an area of land specified in the order or to areas of land of a description so specified, or

(b)

for development of a description specified in the order.

(4)

An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.

Annotations

Textual amendments

F1

Ss. 21A–21E inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(1)

Marginal citations

M1

1981 c.69(4:5).

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part III

Modifications

C1

Pt. III excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 149(6)(9)

C2

Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Notes on Simplified planning zone schemes

Textual amendments

F1

Ss. 21A–21E inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(1)