Paragraph 2

Scotland

(1)

This paragraph applies to land which—

(a)

is allocated for the purposes of any such functions as are mentioned in F1sub-paragraph (1A) by a local F2development plan in force, or

(b)

is land defined in such a plan as the site of proposed development for the purposes of any such functions.

F3(1A)

The functions are—

(a)

the functions of a government department, local authority or statutory undertaker,

(b)

the provision by an electronic communications operator of an electronic communications code network, or

(c)

the provision by a former PTO of a public electronic communications network or a public electronic communications service.

F4(2)

In sub-paragraph (1), the reference to a local development plan in force includes a reference to a proposed local development plan which has been submitted to the Scottish Ministers under section 18(3)(b) or 19A(5)(b)(ii).

(3)

Sub-paragraph (2) ceases to apply—

(a)

when the proposed local development plan (whether or not modified) is constituted under section 20(1) as the local development plan, or

(b)

when as regards the proposed local development plan the planning authority arrive at the consideration mentioned in section 19A(6).

(4)

In sub-paragraph (2) references to anything done under any provision include references to anything done under that provision as it applies by virtue of section F523B.

Annotations

Textual amendments

F1: Words in Sch. 14 para. 2(1)(a) substituted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(14)(b)(i); S.S.I. 2023/10, reg. 3(2)(e)
F2: Word in Sch. 14 para. 2(1)(a) inserted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(i), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.
F3: Sch. 14 para. 2(1A) inserted (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(14)(b)(ii); S.S.I. 2023/10, reg. 3(2)(e)
F4: Sch. 14 para. 2(2)(3) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(ii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.
F5: Word in Sch. 14 para. 2(4) substituted (6.4.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(19)(b)(iii), 59(2) (with S.S.I. 2009/101, arts. 1(1), 3); S.S.I. 2009/100, art. 2, sch.