Town and Country Planning (Scotland) Act 1997

9 Alteration and replacement of structure plans. S

(1) A planning authority—

(a) may at any time submit to the Secretary of State proposals for such alterations to or repeal and replacement of the structure plan for their district as appear to them to be expedient, and

(b) shall, if so directed by the Secretary of State, submit to him within a period specified in the direction proposals for such alterations to or repeal and replacement of the plan as the Secretary of State may direct.

(2) Such proposals may relate to the whole or to part of the district to which the plan relates.

(3) The 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 together with any other information on which the proposals are based, and subsections (4) and (5) of section 8 shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

(4) Before a planning authority submit proposals under this section they shall—

(a) consult every other planning authority who are likely to be affected by the proposals,

(b) give such publicity (if any) to, and undertake such other consultation (if any) about, the proposals as they think fit, and

(c) consider any representations timeously made to them about the proposals.

(5) 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 (4) 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.

(6) If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (4), or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (5), 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.

(7) Where, under subsection (6), the Secretary of State returns proposals, he shall—

(a) inform the authority of his reasons for doing so, and

(b) if any person has made to him an objection to the proposals, inform that person that he has returned the proposals.

(8) A planning authority who are given directions under subsection (6) shall immediately withdraw the copies which have, under section 8(4) (as applied by subsection (3)) been made available for inspection.

(9) Section 8(4) and (5) and subsections (4) to (8) of this section shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (6), as they apply in relation to proposals submitted under subsection (1).