Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

8 Alteration of structure plans. S

(1) At any time after the approval of a structure plan for their district a . . . F1 planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan [F2 (which may include proposals for repeal and replacement)] as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or to part of that district F3 . . .

(2) The . . . F1 planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 4 of this Act together with any other information on which the proposals are based, and sections 6 [F4 (2)] and 7 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

[F5 (3) Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4) The planning authority shall send with any proposals submitted by them under this section a statement of the steps they have taken to comply with subsection (3) above and, if they have not publicised or have not consulted under that subsection, the statement shall explain the absence of such publicity or as the case may be consultation.

(5) If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, he may return the proposals to the authority, and may direct them—

(a) to take such steps or further steps as he may specify; and

(b) after they have done so, to resubmit the proposals with such modification, if any, as they consider appropriate.

(6) Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7) A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8) The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.]

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(a)(i)

F3 Words in s. 8(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

F4 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(b)

F5 S. 8(3)—(8) added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(c)