Housing and Town Development (Scotland) Act 1957

Section 10.

SECOND SCHEDULE Town Development Schemes

1 Every town development scheme shall in such manner as the Secretary of State may direct (either generally or in relation to the particular scheme) specify—

(a) the area to which the scheme relates ;

(b) the uses to which it is proposed that the various parts of the area are to be put; and

(c) the arrangements proposed to be made for the provision of any water supply or sewerage service required for the purposes of the scheme, and the public authority by whom it is proposed that the supply or service shall be provided.

2 Where a town development scheme is promoted by a receiving authority who are not the local planning authority for the area or any part of the area to which the scheme relates they shall before submitting the scheme to the Secretary of State consult the local planning authority for the area, or, as the case may be, that part of the area, and shall on submission of the scheme deliver to them a copy of the scheme as submitted.

3 Where it is proposed in a town development scheme—

(a) that any public authority not being the receiving authority are to undertake the provision of any water supply or sewerage service, or

(b) that the receiving authority are to provide any such supply or service or construct works for the purposes of any such supply or service within the limits of supply or district of any other public authority responsible for providing the supply or service in question,

the receiving authority shall before submitting the scheme to the Secretary of State consult that other authority and shall on submission of the scheme deliver to them a copy of the scheme as submitted.

4 Any authority entitled to receive a copy of a town development scheme under paragraph 2 or 3 of this Schedule may within sixty days of the receipt thereof submit to the Secretary of State objections thereto.

5 (1) Subject to the next following sub-paragraph, where any objections to a town development scheme have been duly submitted to the Secretary of State under the last foregoing paragraph, and have not been withdrawn, the Secretary of State shall not approve the scheme except after causing a local inquiry to be held with respect to such objections and considering the report of the person holding the inquiry.

(2) If every authority who have submitted, and not withdrawn, objections to a town development scheme agree that a local inquiry should be dispensed with, so much of the foregoing sub-paragraph as relates to the holding of such an inquiry shall not apply to that scheme.

(3) Section three hundred and fifty-five of the Local Government (Scotland) Act, 1947 (which contains provisions as to local inquiries) shall apply to local inquiries held under this paragraph.

6 If the Secretary of State proposes to approve a town development scheme with any modification imposing any duty on any public authority he shall give notice of his intention to the receiving authority and any public authority affected by the modification, who may within sixty days of the notification submit to the Secretary of State objections to the modification ; and paragraph 5 of this Schedule shall apply to objections so submitted in like manner as it applies to objections to a town development scheme submitted under paragraph 4 of this Schedule.