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Town and Country Planning (Scotland) Act 1997
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- UK Public General Acts
- 1997 c. 8
- SCHEDULE 1
- Discontinuance of old development...
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Changes over time for: Cross Heading: Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan
Version Superseded: 11/02/2023
Alternative versions:
- 27/05/1997- Amendment
- 28/02/2009- Amendment
- 01/10/2011
Point in time - 11/02/2023- Amendment
Status:
Point in time view as at 01/10/2011.
Changes to legislation:
Town and Country Planning (Scotland) Act 1997, Cross Heading: Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan]S
Textual Amendments
F1Sch. 1 para. 6 cross-heading substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(9), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
6SSubject to paragraph 7, on the[F2—
(a)approval of a strategic development plan under section 13, so much of any structure plan as relates to the area to which the plan so approved relates,
(b)adoption of a local development plan under section 20, so much of any old development plan as relates to the area to which the plan so adopted relates,
shall cease to have effect. ]
Textual Amendments
F2Words in Sch. 1 para. 6 substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(6), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
7SThe Secretary of State may by order direct that any of the provisions of the old development plan shall continue in force in relation to the area to which the [F3plan so approved, or as the case may be adopted,] relates and, if he does so, the provisions of the old development plan specified in the order shall continue in force to the extent so specified.
Textual Amendments
F3Words in Sch. 1 para. 7 substituted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(7), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
8SThe Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the district of a planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.
9SBefore making an order with respect to a development plan under paragraph 7 or 8, the Secretary of State shall consult the planning authority for the district[F4, and the strategic development planning authority for any strategic development plan area,] to which the plan relates.
Textual Amendments
F4Words in Sch. 1 para. 9 inserted (28.2.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 53(8), 59(2) (with S.S.I. 2008/427, arts. 1(1), 6); S.S.I. 2009/70, art. 2, sch.
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