Planning Circular 6/2013: development planning

Guidance on the legislative procedural requirements relating to the preparation of development plans in Scotland.

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156. The Planning etc. (Scotland) Act 2006 (Development Planning) (Saving, Transitional and Consequential Provisions) Order ("the Order") covered the transition between the previous legal framework and the current one. It allowed plans (or alterations) that had passed the consultation stage under the outgoing processes to proceed to approval/adoption.

157. Schedule 1 of the Act, allows existing development plans to remain in force on commencement of the new system, until they are replaced by a new SDP or LDP, whichever may be the case. Article 6 of the Order provides that structure plans and local plans that are approved and adopted after the commencement of the new development planning system will also remain part of the development plan until replaced by a new SDP or LDP.

158. Article 7 provides that new-style LDPs can be prepared within SDP areas in the absence of an approved SDP. In these circumstances they must be consistent with the approved old-style structure plan.

159. The Order amends the Conservation (Natural Habitats, &c.) Regulations 1994 and the General Permitted Development Order 1992 to take account of the new terminology employed by the new development planning system.


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