|
|
|
119 | Page 100, line 15, at end insert— |
|
| “(8A) | A statutory instrument containing an order under section 117(2B), if it |
|
| includes provision amending or repealing an enactment contained in an |
|
| Act, must not be made unless a draft of the instrument has been laid before |
|
| and approved by resolution of the Scottish Parliament. |
|
| (8B) | In subsection (3), “enactment” includes an enactment comprised in, or in an |
|
| instrument made under, an Act of the Scottish Parliament and in |
|
| subsections (8) and (8A), “Act” includes such an Act and “enactment” |
|
| includes an enactment comprised in such an Act.” |
|
|
120 | Page 100, line 28, leave out from “sections” to “extend” and insert “108(1), 114(2), |
|
| 116 to 118, this section and section 121” |
|
121 | Page 100, line 30, leave out “, 115(2) and Schedule 5” and insert “and 115(2)” |
|
|
122 | Page 101, line 12, at end insert “, revocation” |
|
|
123 | Page 110, line 12, leave out from “After” to “Applications” in line 14 and insert |
|
| “section 31 of the hazardous substances Act (exercise of powers in relation to |
|
| Crown land) there is inserted the following section— |
|
| |
|
124 | Page 121, line 2, at end insert “(including any enactment comprised in, or in an |
|
| instrument made under, an Act of the Scottish Parliament)” |
|
125 | Page 121, line 19, at end insert “(including any enactment comprised in, or in an |
|
| instrument made under, an Act of the Scottish Parliament)” |
|
126 | Page 121, line 31, at end insert “(including any enactment comprised in, or in an |
|
| instrument made under, an Act of the Scottish Parliament)” |
|
|
127 | Page 125, line 14, at end insert— |
|
| | “In section 55(2)(b) (meaning of development) the word “local” is |
|
| |
128 | Page 126, line 11, leave out paragraph 3 |
|
129 | Page 126, line 14, at end insert— |
|
| | “Section 76 (Duty to draw attention to certain provisions for benefit of |
|
| |
130 | Page 126, line 14, at end insert— |
|
|
|
|
|
| | “Sections 82 to 87 (simplified planning zones) are omitted and Schedule |
|
| 7 (simplified planning zones) is omitted.” |
|
131 | Page 126, line 15, leave out paragraph 4 |
|
132 | Page 129, line 25, leave out sub-paragraph (4) and insert— |
|
| “( ) | For paragraph 7 there is substituted the following paragraph— |
|
| “7 (1) | A local planning authority must not determine an application |
|
| for planning permission to which the consultation |
|
| requirements apply unless it complies with sub-paragraph (7). |
|
| (2) | The consultation requirements are— |
|
| (a) | consultation with the RPB for the region in which the |
|
| authority’s area is situated if the development is one to |
|
| which sub-paragraph (3) applies; |
|
| (b) | consultation by a district planning authority with the |
|
| county planning authority for their area if the |
|
| development is one to which sub-paragraph (4) applies |
|
| (3) | This sub-paragraph applies to— |
|
| (a) | a development which would by reason of its scale or |
|
| nature or the location of the land be of major |
|
| importance for the implementation of the RSS or a |
|
| relevant regional policy, or |
|
| (b) | a development of a description in relation to which the |
|
| RPB has given notice in writing to the local planning |
|
| authority that it wishes to be consulted. |
|
| (4) | This sub-paragraph applies to— |
|
| (a) | a development which would materially conflict with or |
|
| prejudice the implementation of a relevant county |
|
| |
| (b) | a development in an area in relation to which the |
|
| county planning authority have given notice in writing |
|
| to the district planning authority that development is |
|
| likely to affect or be affected by the winning and |
|
| working of minerals, other than coal, |
|
| (c) | a development of land in respect of which the county |
|
| planning authority have given notice in writing to the |
|
| district planning authority that they propose to carry |
|
| |
| (d) | a development which would prejudice a proposed |
|
| development mentioned in paragraph (c) in respect of |
|
| which notice has been given as so mentioned, |
|
| (e) | a development of land in relation to which the county |
|
| planning authority have given notice in writing to the |
|
| district planning authority that it is proposed to use the |
|
| land for waste disposal, or |
|
| (f) | a development which would prejudice a proposed use |
|
| mentioned in paragraph (e) in respect of which notice |
|
| has been given as so mentioned. |
|
| (5) | The consultation requirements do not apply— |
|
| (a) | in respect of a development to which sub-paragraph |
|
| (3) applies if the RPB gives a direction authorising the |
|
|
|
|
|
| determination of the application without compliance |
|
| |
| (b) | in respect of a development to which sub-paragraph |
|
| (4) applies if the county planning authority gives a |
|
| direction authorising the determination of the |
|
| application without compliance with the |
|
| |
| (6) | A direction under sub-paragraph (5) may be given in respect |
|
| of a particular application or a description of application. |
|
| (7) | If the consultation requirements apply the local planning |
|
| |
| (a) | must give notice to the RPB or county planning |
|
| authority (as the case may be) (the consulted body) that |
|
| they propose to consider the application, |
|
| (b) | must send a copy of the application to the consulted |
|
| |
| (c) | must not determine the application until the end of |
|
| such period as is prescribed by development order |
|
| beginning with the date of the giving of notice under |
|
| |
| (8) | Sub-paragraph (7)(c) does not apply if before the end of the |
|
| period mentioned in that sub-paragraph— |
|
| (a) | the local planning authority have received |
|
| representations concerning the application from the |
|
| |
| (b) | the consulted body gives notice that it does not intend |
|
| |
| (9) | A relevant regional policy is— |
|
| (a) | a policy contained in a draft revision of the RSS which |
|
| has been submitted to the Secretary of State in |
|
| pursuance of section 5(6) of the 2004 Act, or |
|
| (b) | a policy contained in a structure plan which has effect |
|
| by virtue of paragraph 1 of Schedule 8 to the 2004 Act. |
|
| (10) | A relevant county policy is— |
|
| (a) | a policy contained in a local development document |
|
| which has been prepared in accordance with a |
|
| minerals and waste scheme and submitted to the |
|
| Secretary of State in pursuance of section 19(1) of the |
|
| 2004 Act or adopted by the county planning authority |
|
| in pursuance of section 22 of that Act, or |
|
| (b) | a policy contained in a structure plan which has effect |
|
| by virtue of paragraph 1 of Schedule 8 to the 2004 Act. |
|
| (11) | RPB and RSS must be construed in accordance with Part 1 of |
|
| |
| (12) | The 2004 Act is the Planning and Compulsory Purchase Act |
|
| |
133 | Page 131, line 27, leave out paragraph 27 |
|
|
|
|
|
|
134 | Page 137, line 5, at end insert— |
|
| “ ( ) | In section 26(2)(b) (meaning of “development”), for “local roads |
|
| authority” there is substituted “roads authority (as defined by section |
|
| 151(1) of the Roads (Scotland) Act 1984).”” |
|
|
135 | Page 143, line 21, at end insert— |
|
| | “The Secretary of State may by regulations make provision— |
|
| (a) | for treating anything done or purported to have been done for |
|
| the purposes of Part 2 before the commencement of that Part as |
|
| having been done after that commencement; |
|
| (b) | for disregarding any requirement of section 18 in respect of |
|
| anything done or purported to have been done for the purposes |
|
| of any other provision of Part 2.” |
|
|
136 | Page 144, line 20, column 2, at end insert— |
|
| | “In section 55(2)(b) the word “local”.” |
| | |
|
137 | Page 144, leave out lines 21 and 22 |
|
138 | |
|
139 | Page 144, leave out line 24 |
|
140 | Page 144, leave out line 25 |
|
141 | Page 145, line 4, leave out “, 4(2) and 7” |
|
142 | Page 145, line 14, column 2, |
|
| | “In section 92(2)(a), “83, 84,” |
| | |
|
143 | Page 145, leave out lines 15 and 16 |
|