Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

5 Preparation of structure plans. S

[F1 (1) Where, as a result of the making of an order under section 4A of this Act, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of subsection (3) below, together with a copy of the report of any survey which they have carried out under section 4(2) of this Act.

F1 (1A) The Secretary of State may direct a planning authority to carry out their duty under subsection (1) above within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it.

F1 (1B) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State’s powers under section 15 of this Act and section 62B (power of Secretary of State to establish joint boards) of the M1 Local Government (Scotland) Act 1973 each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters.

F1 (1C) Where authorities submit alternative proposals under subsection (1B) above, such proposals shall be accompanied by a statement of the reasoning behind the proposals.

F1 (1D) The provisions of section 8(2) of this Act shall apply in relation to structure plans submitted to the Secretary of State under this section as they apply in relation to the submission of alterations to structure plans submitted to him under that section.]

(2) The said report shall include an estimate of any changes likely to occur [F2 , during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act.]

(3) The structure plan for any district shall be a written statement—

(a) formulating the F3 . . . planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for [F4 the conservation of the natural beauty and amenity of the land,] the improvement of the physical environment and the management of traffic);

(b) stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and

(c) containing such other matters as may be prescribed F5 . . ..

(4) In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . F3 planning authority shall secure that the policy and proposals are justified by the results of their survey under section 4 of this Act and by any other information which they may obtain and shall have regard—

(a) to current policies with respect to the economic planning and development of the region as a whole;

(b) to the resources likely to be available for the carrying out of the proposals of the structure plan . . . F6

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . F3 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed F5 . . .; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

F7 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 5(1)-(1D) substituted for s. 5(1) (1.4.1996) by 1994 c. 39, s. 33(2), Sch. 4 para. 3 (with s. 7(2)); S.I. 1995/702, art. 6; S.I. 1996/323, art. 4(1)(a), Sch. 1

F2 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 17(a)

F3 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F4 Words in s. 5(3)(a) inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 3 (with s. 84(5)); S.I. 1994/398, art. 2

F5 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

F6 Word and s. 5(4)(c) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

F7 S. 5(5)(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Modifications etc. (not altering text)

C2 S. 5(3) extended by Local Government (Scotland) Act 1973 (c. 65), s. 173(3)

C3 S. 5(3)(a) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)

Marginal Citations

M1 1973 c. 65.