Local Government (Scotland) Act 1973

176 Local plans. S

(1) Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.

(2) A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.

(3) A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld [F1 or withdrawn].

(4) Consent under subsection (3)

above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.

(5) Any question as to whether consent under subsection (3)

above has been unreasonably withheld [F2 or withdrawn] may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.

(6) Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.

Textual Amendments

F1 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(a)

F2 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(b)