The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009

JurisdictionScotland
CitationSSI 2009/343

2009 No. 343

Town And Country Planning

The Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009

Made 7th October 2009

Laid before the Scottish Parliament 8th October 2009

Coming into force 16th November 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 19(5), 40, and 275 of the Town and Country Planning (Scotland) Act 19971, section 2(2) of the European Communities Act 19722and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Miscellaneous Amendments) (Scotland) (No. 2) Regulations 2009 and come into force on 16th November 2009.

S-2 Amendment of Conservation (Natural Habitats, &c.) Regulations 1994

Amendment of Conservation (Natural Habitats, &c.) Regulations 1994

2.—(1) The Conservation (Natural Habitats, &c.) Regulations 19943are amended in accordance with paragraph (2).

(2) In regulation 85A(1) (interpretation) in sub-paragraph (c) of the definition of “plan making authority” for “23A” substitute “23B”.

S-3 Amendment of the Environmental Impact Assessment (Scotland) Regulations 1999

Amendment of the Environmental Impact Assessment (Scotland) Regulations 1999

3.—(1) Subject to paragraph (6), the Environmental Impact Assessment (Scotland) Regulations 19994are amended in accordance with paragraphs (2) to (5).

(2) Omit regulation 2A(4)(b) (use of electronic communications).

(3) In regulation 19 (further information and evidence relating to environmental statements)—

(a)

(a) in paragraph (2) omit–

(i) “or” at the end of paragraph (a);

(ii) paragraph (b); and

(iii) “or appeal procedure as the case may be”; and

(b)

(b) in paragraph (2A) omit “or for the purposes of an appeal under section 130 of the Act” and “or appeal procedure as the case may be”.

(4) Omit regulations 29 to 39 (unauthorised development).

(5) In regulation 43 (application to the Court of Session), omit “or 29”.

(6) Regulations 2A(4)(b), 19(2) and (2A), 29 to 39 and 43 continue to have effect in relation to an appeal made under section 130 (appeal against enforcement notice) of the Town and Country Planning (Scotland) Act 1997 in respect of which notice of appeal was given to the Scottish Ministers under section 130(2) before 3rd August 2009 as they had effect immediately before the date on which these Regulations come into force.

S-4 Amendment of The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Amendment of The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

4.—(1) The Town and Country Planning (Development Planning) (Scotland) Regulations 20085are amended in...

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