Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Part II S Development Plans

Modifications etc. (not altering text)

C1 Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)

Survey and structure plan S

4 Survey of planning districts. S

(1) It shall be the duty of the . . . F1 planning authority to institute a survey of their district, in so far as they have not already done so, examining the matters which may be expected to affect the development of that district or the planning of its development and in any event to keep all such matters under review.

(2) Notwithstanding that the . . . F1 planning authority have carried out their duty under subsection (1) of this section, the authority may, if they think fit, . . . F2 institute a fresh survey of their district examining the matters mentioned in that subsection.

(3) Without prejudice to the generality of the preceding provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—

(a) the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

(b) the size, composition and distribution of the population of that district (whether resident or otherwise);

(c) without prejudice to paragraph (a) of this subsection, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

(d) any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters so mentioned;

(e) such other matters as may be prescribed . . . F2 ;

(f) any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

(4) A . . . F1 planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.

(5) Subsection (1) of this section shall, as respects any period during which this section is in operation in part only of the district of a . . . F1 planning authority, be construed as requiring a . . . F1 planning authority to institute a survey of that part of that district and to keep under review matters affecting only that part of that district; and subsection (2) of this section shall, whether or not this section is in operation in the whole of such a district, have effect as if the power thereby conferred included power for a . . . F1 planning authority to institute . . . F2 a fresh survey of part only of their district; and references in subsection (3) of this section to the district of a . . . F1 planning authority or any neighbouring districts shall be construed accordingly.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

Modifications etc. (not altering text)

C2 S. 4 extended by Local Government (Scotland) Act 1973 (c. 65), s. 173(3)

Valid from 01/04/1996

[F3 4A Structure plans. S

(1) The Secretary of State may by order designate areas (“structure plan areas”) in respect of which planning authorities are to prepare structure plans.

(2) The district of every planning authority in Scotland shall be included in a structure plan area.

(3) A structure plan area may extend to the district of more than one planning authority, and may extend to only part of the district of a planning authority.

(4) Where a structure plan area extends to the district of more than one planning authority, the planning authorities concerned shall jointly carry out the functions conferred upon them under sections 4, 5, 6, 6A and 8 of this Act in accordance with such arrangements as they may agree for that purpose under sections 56 (discharge of functions by local authorities), 57 (appointment of committees) and 58 (expenses of joint committees) of the M1 Local Government (Scotland) Act 1973.

(5) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F3 S. 4A inserted (1.4.1996) by 1994 c. 39, ss. 7(2), 33(1); S.I. 1995/702, art. 6(b)

Marginal Citations

M1 1973 c. 65.

5 Preparation of structure plans. S

(1) The . . . F4 planning authority shall, within such period from the commencement of this section within their district as the Secretary of State may direct, prepare and send the Secretary of State a report of their survey under section 4 of this Act and at the same time prepare and submit to him for his approval a structure plan for their district complying with the provisions of subsection (3) of this section.

(2) The said report shall include an estimate of any changes likely to occur [F5 , 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 . . . F4 planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for 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 . . . F6 .

(4) In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . F4 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 . . . F7

(c) . . . F7

(5) A . . . F4 planning authority’s general proposals under this section with respect to land in their district shall indicate any part of that district (in this Act referred to as an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.

(6) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . F4 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F6 ; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(7) At any time before the Secretary of State has under section 7 of this Act approved a structure plan with respect to the whole of the district of a . . . F4 planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that district; and where the Secretary of State has given a consent or direction for the preparation of a structure plan for part of such a district, references in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

Textual Amendments

F4 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F5 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 17(a)

F6 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

F7 Word and s. 5(4)(c) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

Modifications etc. (not altering text)

C3 S. 5(3) extended by Local Government (Scotland) Act 1973 (c. 65), s. 173(3)

6 Publicity in connection with preparation of structure plans. S

(1) When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the . . . F8 planning authority shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2) Not later than the submission of a structure plan to the Secretary of State, the . . . F8 planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

(3) A structure plan submitted by the . . . F8 planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) of this section; and

(b) of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(4) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the . . . F8 planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) of this section have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

(a) to take such further action as he may specify in order better to achieve those purposes; and

(b) after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(5) Where the Secretary of State returns the structure plan to the . . . F8 planning authority under subsection (4) of this section, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

(6) A . . . F8 planning authority who are given directions by the Secretary of State under subsection (4) of this section shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) of this section.

(7) Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

Textual Amendments

F8 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Valid from 01/04/1996

[F9 6A Consultation with other planning authorities. S

Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals.]

Textual Amendments

F9 S. 6A inserted (1.4.1996) by 1994 c. 39, s. 33(2), Sch. 4 para. 5; S.I. 1995/702, art. 6(b); S.I. 1996/323, art. 4(1)(a), Sch. 1

7 Approval or rejection of structure plan by Secretary of State. S

(1) The Secretary of State may, after considering a structure plan submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

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

[F10 (3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

[F11 (b) if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the plan, cause a person or persons, appointed by him for the purpose, to hold such an examination.]

(4) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M2 Tribunals and Inquiries Act [F12 1992], but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.]

Textual Amendments

F10 S. 7(3)–(8) substituted for s. 7(3)(4) by Local Government (Scotland) Act 1973 (c. 65), s. 175(1)

F11 S. 7(3)(b) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 36.

F12 Word in s. 7(6) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para.3

Marginal Citations

M2 1992 c. 53

8 Alteration of structure plans. S

(1) At any time after the approval of a structure plan for their district a . . . F13 planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan [F14 (which may include proposals for repeal and replacement)] as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or to part of that district [F15 and may provide for the repeal of two or more structure plans and their replacement with one structure plan.]

(2) The . . . F13 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 of this Act together with any other information on which the proposals are based, and sections 6 [F16 (2)] and 7 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

[F17 (3) Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4) 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 (3) above 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.

(5) If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, 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.

(6) Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7) A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8) The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.]

Textual Amendments

F13 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F14 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(a)(i)

F15 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(a)(ii)

F16 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(b)

F17 S. 8(3)—(8) added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 37(c)

Local plans S

9 Preparation of local plans. S

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3) A local plan shall consist of a map and a written statement and shall—

(a) formulate in such detail as the authority think appropriate the authority’s proposals for the development and other use of land in that part of their district or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic); and

(b) contain such matters as may be prescribed . . . F19 .

(4) Different local plans may be prepared for different purposes for the same part of any district.

[F20 (4A) It shall be the duty of the planning authority—

(a) for the purpose of preparing a local plan, to institute a survey of their district or any part thereof, in so far as they have not already done so, taking into account the matters which the authority think necessary for the formulation of their proposals, and

(b) to keep those matters under review during and after the preparation of the local plan.]

(5) A local plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive matter as the . . . F21 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F19 ; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(6) Where an area is indicated as an action area in a structure plan which has been approved by the Secretary of State, the . . . F21 planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

(7) Without prejudice to the preceding provisions of this section, the . . . F21 planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a part of a district for which a structure plan has been, or is in course of being, prepared as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

(8) Directions under subsection (7) of this section may be given by the Secretary of State [F22 only before] he approves the structure plan . . . F19 .

(9) In formulating their proposals in a local plan the . . . F21 planning authority shall secure that [F23 where a structure plan has been prepared under section 5 of this Act] the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Secretary of State) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed . . . F19 .

(10) Before giving a direction under the preceding provisions of this section to a . . . F21 planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.

(11) Where a . . . F21 planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

Textual Amendments

F18 Ss. 1–3, 9(1)(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F19 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

F20 S. 9(4A) inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(1)(a)

F21 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F22 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 18 (c)(i)

F23 Words inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(1)(b)

10 Publicity in connection with preparation of local plans. S

(1) A . . . F24 planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to any relevant matter arising out of a survey of the district [F25 or part of the district carried out under sections 4 or 9 of this Act] and to the matters proposed to be included in the plan;

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2) When the . . . F24 planning authority have prepared a local plan, they shall, before adopting it or submitting it for approval under section 12(4) of this Act . . . F26 , make copies of the local plan available for inspection at their office and at such other places [F27 as appear to them to be appropriate] and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the authority.

(3) A copy of a local plan sent to the Secretary of State [F28 , or made available for inspection,] under subsection (2) of this section shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1) of this section; and

(b) of the authority’s consultations with, and their consideration of the views of, other persons.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F24 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F25 Words substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(2)

F26 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F27 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 19(a)

F28 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 15

F29 S. 10(4)(5) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

11 Inquiries, etc. with respect to local plans. S

(1) For the purpose of considering objections made to a local plan the . . . F30 planning authority may, and shall [F31 if] in the case of objections so made in accordance with regulations under this Act [F32 an objector so requires,] cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—

(a) subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;

(b) the M3 Tribunals and Inquiries Act [F33 1992] shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in [F34 section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2) Regulations made for the purposes of subsection (1) of this section may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . F30 planning authority to appoint a particular person, or one of a specified list or class of persons;

(b) make provision with respect to the remuneration and allowances of a person appointed for the said purpose.

Textual Amendments

F30 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F31 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(a)

F32 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(b)

F33 Word in s. 11(1)(b) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 4(a)

F34 Words in 11(1)(b) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 4(b)

Marginal Citations

M3 1992 c. 53

12 Adoption and approval of local plans. S

(1) After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the . . . F35 planning authority may, subject to . . . F36 subsections [F37 (2), (2A), (2B) and (3)] of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account of [F38 —

(a) any such objections (whether or not they have been the subject of a local inquiry or other hearing);

(b) any matters arising out of such objections; or

(c) any drafting or technical matters, if these are of a minor nature.]

[F39 (2) Where for any area the Secretary of State has approved a structure plan under section 7 of this Act the planning authority shall not adopt a local plan unless it conforms . . . F40 to that structure plan.]

[F41 (2A) After copies of a local plan have been sent to the Secretary of State and before it has been adopted by the planning authority, the Secretary of State may, if it appears to him that any part of it is unsatisfactory, and without prejudice to his power to make a direction under subsection (3) below, direct the authority to consider modifying the plan in such respects as are indicated in the direction.

(2B) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.]

(3) After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the . . . F35 planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

[F42 (4) Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

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

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.]

Textual Amendments

F35 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F36 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F37 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 28(2)

F38 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 39

F39 S. 12(2) substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(3)

F40 Word repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F41 S. 12(2A)(2B) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 28(1)

F42 S. 12(4) substituted by Local Government (Scotland) Act 1973 (c. 65), s. 175(2)

13 Alteration of local plans. S

[F43 (1) A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of such plan; and any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan:

Provided that where a local plan has been approved by the Secretary of State they shall not make such proposals in relation to that plan without his consent.]

(2) Without prejudice to subsection (1) of this section, a . . . F44 planning authority shall, if [F45 before] the Secretary of State [F46 approves the structure plan for their district he] gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the [F47 local] plan.

(3) [F48 Subject to subsection (4) below] The provisions of sections 9(9) to (11), 10, 11 and 12 of this Act shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under section 9 of this Act and to a local plan prepared thereunder, . . . F49 .

[F50 (4) If a planning authority do not consider it appropriate to take the steps required by section 10(1) of this Act in relation to proposals made by them under subsection (1) of this section for alteration of a local plan, they may instead include, with the copies of those proposals made available for inspection and with the copy sent to the Secretary of State under section 10(2) of this Act, a statement of their reasons for not taking such steps.

(5) In carrying out their duty under subsection (1) above the authority shall have regard to any structure plan approved for the area by the Secretary of State.]

Textual Amendments

F43 S. 13(1) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 40(a)

F44 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F45 Word inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 20(a)

F46 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 20(b)

F47 Word inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 20(c)

F48 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 40(b)

F49 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F50 S. 13(4)(5) added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 40(c)

Supplementary provisions S

14 Disregarding of representations with respect to development authorised by or under other enactments. S

Notwithstanding anything in the preceding provisions of this Act, neither the Secretary of State nor a . . . F51 planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a) an order or scheme under section [F52 5, 7, 9 or 12 of the Roads (Scotland) Act 1984] (trunk road orders, special road schemes and ancillary orders);

(b) an order under section 1 of the M4 New Towns Act 1946 or section 1 of the M5 New Towns (Scotland) Act 1968 (designation of sites of new towns).

Textual Amendments

F51 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F52 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(2) (with s. 128(1))

Marginal Citations

M4 1946 c. 68.

M5 1968 c. 16.

15 Default powers of Secretary of State. S

(1) Where, by virtue of any of the preceding provisions of this Part of this Act, [F53 or of the provisions of Part IX of the M6 Local Government (Scotland) Act 1973] any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the . . . F54 planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

(b) in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

[F55 the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or] the Secretary of State may carry out the survey or prepare and make a structure plan or local plan or, as the case may be, alter repeal or replace it, as he thinks fit.

(2) Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a . . . F54 planning authority, he may, if he thinks fit, authorise any other . . . F54 planning authority who appear to the Secretary of State to have an interest in the proper planning of the district of the first-mentioned authority to do that thing.

(3) Where under this section anything which ought to have been done by a . . . F54 planning authority is done by the Secretary of State or another such authority, the preceding provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the latter authority and the thing so done.

(4) Where the Secretary of State incurs expenses under this section in connection with the doing of anything which should have been done by a . . . F54 planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(5) Where under this section anything which should have been done by one . . . F54 planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Secretary of State, shall be repaid to the latter authority by the former authority.

Textual Amendments

F53 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 17(a)

F54 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F55 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 17(b)

Marginal Citations

M6 1973 c. 65.

16 Supplementary provisions as to structure and local plans. S

(1) Without prejudice to the powers conferred on him by the preceding provisions of this Part of this Act, the Secretary of State may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, [F56 modification,] repeal and replacement; and in particular any such regulations may—

(a) provide for the publicity to be given to the report of any survey carried out by a . . . F57 planning authority under section 4 of this Act;

(b) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, [F56 modification,] repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, [F56 modification,] repeal or replacement;

(d) without prejudice to paragraph (b) of this subsection, provide for notice to be given to particular persons of the approval, adoption, [F56 modification] or alteration of any plan, if they have objected to the plan and have notified the . . . F57 planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e) require or authorise a . . . F57 planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f) require a . . . F57 planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 6(1)(a) or 10(1)(a) of this Act or has been made available for inspection under section 6(2) or 10(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

(g) provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2) Regulations under this section may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

(3) Subject to the preceding provisions of this Part of this Act and to any regulations under this section, the Secretary of State may give directions to any . . . F57 planning authority, or to . . . F57 planning authorities generally,—

(a) for formulating the procedure for the carrying out of their functions under this Part of this Act;

(b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

(4) Subject to the provisions of section 231 of this Act, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

Textual Amendments

F56 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 1

F57 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

17 Meaning of “development plan”. S

(1) For the purposes of this Act, any other enactment relating to town and country planning and the M7 Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a . . . F58 planning authority) shall be taken as consisting of—

(a) the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan;

(b) any alterations to that plan, together with the Secretary of State’s notices of approval thereof;

(c) any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

(d) any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval thereof.

(2) References in subsection (1) of this section to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3) References in subsections (1) and (2) of this section to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 15 of this Act be construed as references to notices of the making of the plan or alteration.

(4) This section has effect subject to Schedule 5 and Part I of Schedule 21 to this Act.

Textual Amendments

F58 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Marginal Citations

M7 1963 c. 51.

18 Commencement of Part II and interim provisions. S

(1) The preceding provisions of this Part of this Act (other than section 16 and except so far as they enable any matter or thing to be prescribed), and Part I of Schedule 21 to this Act, shall come into operation on a day appointed by an order made by the Secretary of State.

[F59 (2) Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been ap- proved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.]

(3) Schedule 5 to this Act shall have effect as respects the transition from the said Schedules 3 and 4 to the preceding provisions of this Part of this Act.

(4) Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(5) Any reference in this Part of this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6) An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provision of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7) The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a) as to the provisions which have come, or are to be brought, into operation or have been, or are to be, repealed, and on which dates and in relation to which areas; and

(b) as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8) The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at all reasonable hours.

Textual Amendments

F59 S. 18(2) substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(1)

Modifications etc. (not altering text)

C4 Power of appointment conferred by s. 18(1) fully exercised: S.I. 1975/379, 380

Valid from 07/03/1994

[F60 General] S

Textual Amendments

F60 S. 18A and crossheading inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.58 (with s. 84(5)); S.I. 1994/398, art. 2

[F61 F61 18A Status of development plans. S

—Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.]

Textual Amendments

F61 S. 18A and crossheading inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.58 (with s. 84(5)); S.I. 1994/398, art. 2