The Planning and Compulsory Purchase Act 2004 (Commencement No. 2 and Consequential Provisions) (Scotland) Order 2006

Made: 6th May 2006

Coming into force: 11th May 2006

The Scottish Ministers, in exercise of the powers conferred by section 121(4) and section 122(3) of the Planning and Compulsory Purchase Act 2004[^f00001]hereby make the following Order, a draft of which has, in accordance with section 122(9) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and extent

1

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• (1) This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 2 and Consequential Provisions) (Scotland) Order 2006 and shall come into force on 11th May 2006.

• (2) This Order extends to Scotland only.

Interpretation

2

In this Order–

• (a) “the 1997 Act” means the Town and County Planning (Scotland) Act 1997[^f00002];

• (b) “the listed buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997[^f00003].

Appointed day

3

Section 92, section 93 and section 94(4) of the Planning and Compulsory Purchase Act 2004, in so far as they are not yet in force, shall come into force on 11th May 2006.

Consequential provisions

4

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• (1) The 1997 Act is amended as follows.

• (2) In section 55 (planning permission for development in enterprise zones), in subsection (9), after “this Part” insert “, under section 242A”.

• (3) In section 65 (power to revoke or modify planning permission), in subsection (1) after “this Part” insert “or section 242A”.

• (4) In section 67 (procedure for section 65 orders: unopposed cases), in subsection (8)(a), after “this Part” insert “, section 242A”.

• (5) In section 71 (orders requiring discontinuance of use), in subsection (3), after “this Part” insert “or section 242A”.

• (6) In section 77 (compensation for refusal or conditional grant of planning permission formerly granted by development order)–

• (a) in subsection (1)(b), after “Part III” insert “or section 242A”;

• (b) in paragraph (i), after “Part III” insert “or section 242A”.

• (7) In section 202 (roads affected by development: orders by the Scottish Ministers), in subsection (1)(a), after “Part III” insert “or section 242A”.

• (8) In section 207 (roads affected by development: orders by planning authorities), in subsection (1), after “Part III” insert “or section 242A”.

• (9) In section 208 (footpaths and bridleways affected by development: orders by planning authorities), in subsection (1)(a), after “Part III” insert “or section 242A”.

• (10) In section 216 (cases in which land is to be treated as not being operational land), in subsection (5)(a), after “Part III” insert “or section 242A”.

• (11) In section 254 (contributions by Ministers towards compensation paid by planning authorities) in subsection (2), after “Part III,” insert “section 242A,”.

• (12) In section 277(1) (interpretation)–

• (a) in the definition of “planning decision”, after “Part III” insert “or section 242A”;

• (b) in the definition of “planning permission”, after “Part III” insert “or permission granted on an application made under section 242A”.

• (13) In Schedule 11 (development not constituting new development), in paragraph 3(b), after “Part III” insert “or by virtue of section 242A”.

• (14) In Schedule 16 (procedure for making and confirming orders relating to roads and rights of way)–

• (a) in paragraph 2(1) after “Part III” insert “or section 242A” ;

• (b) in paragraph 2(2), after subparagraph (a) insert–

(aa) that application is made under section 242A;

• (c) in paragraph 3(1) after “Part III” insert “or section 242A”.

5

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• (1) The listed buildings Act is amended as follows.

• (2) In section 9(1) (making of applications for listed building consent), after “sections 11 to 14” insert “or section 73B”.

• (3) In section 66(3) (control of demolition in conservation areas), after “sections 73(2) to (4),” insert “section 73B and section 73D,”.

Signed

MALCOLM CHISHOLM — A member of the Scottish Executive — 6th May 2006

Explanatory note

(This note is not part of the Order)

Article 3 of this Order brings into force on 11th May 2006 certain provisions of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”).

Article 4 of this Order makes consequential provisions amending the Town and Country Planning (Scotland) Act 1997 to insert references to applications, decisions, orders or planning permission granted under new section 242A (as inserted by section 92 of the 2004 Act).

Article 5 of this Order makes consequential provisions amending the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 to exclude applications made under new section 73B (as inserted by section 93(1) of the 2004 Act) from the requirements of section 9 and to apply the provisions of sections 73B and 73D to buildings in conservation areas under section 66.

Footnotes

[^f00001]: 2004 c. 5.

[^f00002]: 1997 c. 8.

[^f00003]: 1997 c. 9.