Modifications etc. (not altering text)
C1Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)
F1(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(1A)Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts.]
(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 [F3the conservation of the natural beauty and amenity of the land,] the improvement of the physical environment and the management of traffic); and
(b)contain such matters as may be prescribed F4. . ..
(4)Different local plans may be prepared for different purposes for the same part of any district.
[F5(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 F6. . . planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed F4. . .; 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 F6. . . 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 F6. . . 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 [F7only before] he approves the structure plan F4. . ..
(9)In formulating their proposals in a local plan the F6. . . planning authority shall secure that [F8where 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 F4. . ..
(10)Before giving a direction under the preceding provisions of this section to a F6. . . planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.
(11)Where a F6. . . planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.
Textual Amendments
F1Ss. 1–3, 9(1)(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F2By 1994 c. 39, s. 33(2), Sch. 4 para. 7; S.I. 1995/702, art. 6; S.I. 1996/323, art. 4(1)(a), Sch. 1 it is provided (1.4.1996) that s. 9(1A) is inserted
F3Words in s. 9(3)(a) inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 4 (with s. 84(5)); S.I. 1994/398, art. 2
F4Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4
F6Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F7Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 18 (c)(i)
F8Words inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(1)(b)
Modifications etc. (not altering text)
C2S. 9(3)(a) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)
Modifications etc. (not altering text)
C1Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)
Modifications etc. (not altering text)
C3Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)
F1(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(1A)Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may make a joint local plan extending to parts of each of their districts.]
(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 [F3the conservation of the natural beauty and amenity of the land,] the improvement of the physical environment and the management of traffic); and
(b)contain such matters as may be prescribed F4. . ..
(4)Different local plans may be prepared for different purposes for the same part of any district.
[F5(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 F6. . . planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed F4. . .; 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 F6. . . 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 F6. . . 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 [F7only before] he approves the structure plan F4. . ..
(9)In formulating their proposals in a local plan the F6. . . planning authority shall secure that [F8where 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 F4. . ..
(10)Before giving a direction under the preceding provisions of this section to a F6. . . planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.
(11)Where a F6. . . planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.
Textual Amendments
F1Ss. 1–3, 9(1)(2) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F2By 1994 c. 39, s. 33(2), Sch. 4 para. 7; S.I. 1995/702, art. 6; S.I. 1996/323, art. 4(1)(a), Sch. 1 it is provided (1.4.1996) that s. 9(1A) is inserted
F3Words in s. 9(3)(a) inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 4 (with s. 84(5)); S.I. 1994/398, art. 2
F4Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4
F6Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F7Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 18 (c)(i)
F8Words inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 2(1)(b)
Modifications etc. (not altering text)
C2S. 9(3)(a) amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 7(1)