Town and Country Planning (Scotland) Act 1997

24Meaning of “development plan”

(1)For the purposes of this Act, any other enactment relating to town and country planning and the [1963 c. 51.] Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a planning authority) shall be taken as consisting of—

(a)the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan,

(b)any alterations to that plan, together with the Secretary of State’s notices of approval of them,

(c)any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan, and

(d)any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval of them.

(2)References in subsection (1) to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3)References in subsections (1) and (2) to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 22 be construed as references to notices of the making of the plan or alteration.

(4)This section has effect subject to Schedule 1 (old development plans).

(5)For the avoidance of doubt it is provided that, notwithstanding—

(a)any changes made to local government areas by the [1994 c. 39.] Local Government etc. (Scotland) Act 1994, and

(b)any alterations to structure plan areas made by orders under section 5,

the structure plans and local plans made prior to the coming into force of the provisions mentioned in paragraphs (a) and (b) shall remain in force until replaced by new plans made under or by virtue of those provisions.

(6)Any reference in the [1963 c. 51.] Land Compensation (Scotland) Act 1963 to an area defined in a current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force or, as the case may be, to a comprehensive development area.