Town and Country Planning (Scotland) Act 1997

[F1 Power of Secretary of State to direct alteration of scheme] S

Textual Amendments

F1 Sch. 5 para. 3 cross-heading substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(e), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

3 (1) If a person requests a planning authority to F2 ... alter a simplified planning zone scheme but the authority— S

(a) refuse to do so, or

(b) do not within the period of 3 months from the date of the request decide to do so,

he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.

(2) A person may not require the reference of the matter to the Secretary of State if—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in the case of a request to alter the scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within [F4 the 12 months preceding the request].

(3) The Secretary of State shall, as soon as practicable after a matter is referred to him—

(a) send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and

(b) notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.

(4) After the Secretary of State has—

(a) considered the matter and any written representations made by the applicant or the authority, and

(b) carried out such consultations with such persons as he thinks fit,

he may give the authority a simplified planning zone direction.

(5) The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.

Textual Amendments

F2 Words in Sch. 5 para. 3(1) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(c), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F3 Sch. 5 para. 3(2)(a) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(d)(i), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F4 Words in Sch. 5 para. 3(2)(b) substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(d)(ii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

4 (1) A simplified planning zone direction is— S

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if the request was for the alteration of a scheme, a direction to alter it in such manner as [F6 the Scottish Ministers consider] appropriate,

and F7 ... requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the F8 ... alteration of a scheme.

(2) A direction under [F9 sub-paragraph (1)(b)] may extend—

(a) to the land specified in the request to the authority,

(b) to any part of the land so specified, or

(c) to land which includes the whole or part of the land so specified,

and accordingly may direct that land shall be added to or excluded from an existing simplified planning zone.

Textual Amendments

F5 Sch. 5 para. 4(1)(a) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(f)(i), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F6 Words in Sch. 5 para. 4(1)(b) substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(f)(ii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F7 Words in Sch. 5 para. 4(1) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(f)(iii), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F8 Words in Sch. 5 para. 4(1) repealed (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(f)(iv), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)

F9 Words in Sch. 5 para. 4(2) substituted (1.4.2024) by Planning (Scotland) Act 2019 (asp 13), ss. 16(4)(g), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(c) (with reg. 3)