Citation, commencement and interpretation

1.–(1) These Regulations may be cited as the Town and Country Planning (Grounds for Declining to Follow Recommendations) (Scotland) Regulations 2009 and come into force on 28th February 2009.

(2) In these Regulations-

"the Act" means the Town and Country Planning (Scotland) Act 1997;

"appointed person" means the person appointed by the Scottish Ministers under section 19(3) of the Act to examine a proposed local development plan.

Grounds for declining to follow recommendations

2. The grounds, for the purposes of section 19(10)(a)(i) of the Act, on which a planning authority may decline to make modifications to a proposed local development plan as recommended by an appointed person are-

(a) the modification, if made, would have the effect that the proposed local development plan would not be consistent with-

(i) the National Planning Framework;

(ii) the strategic development plan for the land to which the proposed local development plan relates; or

(iii) any plan adopted as a National Park Plan under section 12(7)(a) of the National Parks (Scotland) Act 2000(2) for such land;

(b) that the adoption of the local development plan as so modified would not be compatible with the requirements of Part IVA of the Conservation (Natural Habitats, &c.) Regulations 1994(3);

(c) the recommendation in respect of the modification is based on conclusions that the appointed person could not reasonably have reached based on the evidence considered in the course of the examination under section 19(3) of the Act.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the grounds on which a planning authority may decline to modify a proposed local development plan as recommended in a report by a person appointed following the completion of an examination into a proposed local development plan under section 19(3) of the Town and Country Planning (Scotland) Act 1997.