Town and Country Planning (Scotland) Act 1997

19 Approval of plan or proposals by Secretary of State

(1) The Secretary of State may, after considering a plan or proposals submitted to him under section 18, either approve (in whole or in part and with or without modifications or reservations) or reject the plan or proposals.

(2) In considering the plan or proposals the Secretary of State may take into account any matters he thinks are relevant, whether or not they were taken into account in the plan or proposals as submitted to him.

(3) Where on considering the plan or proposals the Secretary of State does not determine then to reject it or them, he shall before determining whether or not to approve it or them—

(a) consider any objections to the plan or proposals so far as made in accordance with regulations,

(b) give any person who made such an objection and has not withdrawn it an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c) if a local inquiry or other hearing is held, also give such an opportunity to the planning authority and such other persons as he thinks fit,

but if a local inquiry or other hearing into the objections has already been held by the authority he need not cause any other inquiry or hearing to be held.

(4) In considering the plan or proposals the Secretary of State may consult or consider the views of any planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, unless required to do so by subsection (3).