Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

[F2 Procedure for dealing with objections] S

Textual Amendments

F2 Sch. 6A para. 7(1)(2) and crossheading substituted (30.8.1995) for Sch.6A para. 7(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 2(1) (with s. 84); S.I. 1995/2045, art. 3 (with art. 4)

[F3 7 (1) Where objections to the proposed scheme or alterations are made, the planning authority may—

(a) for the purpose of considering the objections, 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, appointed by the authority, or

(b) require the objections to be considered by a person appointed by the Secretary of State.

(2) A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.]

(4) Regulations may—

(a) make provision with respect to the appointment, and qualifications for appointment, of persons [F4 for the purposes of this paragraph];

(b) include provision enabling the Secretary of State to direct a planning authority to appoint a particular person, or one of a specified list or class of persons;

(c) make provision with respect to the remuneration and allowances of the person appointed.

(5) The Tribunals and Inquiries Act 1971 applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in section 12(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a planning authority.

Textual Amendments

F3 Sch. 6A para. 7(1)(2) and crossheading substituted (30.8.1995) for Sch. 6A para. 7(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 11 para. 2(1) (with s. 84); S.I. 1995/2045, art. 3 (with art. 4)

F4 Words in Sch. 6A para. 7(4) substituted (30.8.1995) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 11 para. 5 (with s. 84); S.I. 1995/2045, art. 3 (with art. 4)