Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

232 Proceedings for questioning validity of structure plans, etc. S

(1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 16(1) of this Act, make an application to the Court of Session under this section.

(2) On any application under this section the Court of Session—

(a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

(b) if satisfied that the plan, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

[F1 (3) The preceding provisions of this section shall apply, subject to any necessary modifications—

(a) to an order under section 198, F2 under section 203(1)(a) or under section 224 of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned there were substituted a reference either, in the case of sections 198, F2 and 203(1)(a), to the notice required by section 204(6) of this Act, or, in the case of section 224, to the notice required by subsection (5) of that section; and

(b) to an order under section 198A, under section 199, F2 under section 201, or under section 203(1)(b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 18 to this Act is first published in accordance with that paragraph.]

[F3 (4) Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications—

(a) for the references to Part II of this Act substitute references to Part III of this Act, and

(b) for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act,

and with any other necessary modifications.]

Textual Amendments

F1 S. 232(3) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 36

F2 Word(s) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F3 S. 232(4) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 5

Modifications etc. (not altering text)

C1 Ss. 231-233 extended (1.1.1997) by 1995 c. 25, s. 96, Sch. 13 para. 16(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

C2 Ss. 231-233 modified (1.1.1997) by 1995 c. 25, s. 96, Sch. 14 para. 9(6) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2