Town and Country Planning (Scotland) Act 1997 (c. 8)

SCHEDULES

[F1 SCHEDULE 5A E+W+S Masterplan consent areas

Textual Amendments

F1 Sch. 5A inserted (1.4.2024 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 15(3), 63(2); S.S.I. 2024/79, reg. 2(1)(2)(b)(4)

PART 2 E+W+S Making and altering of schemes by planning authorities

Power to make or alter scheme E+W+S

4 E+W+S At any time, a planning authority may (in accordance with Part 3)—

(a) make a scheme for a part of their district, or

(b) alter a scheme that relates to an area in their district.

Duty to periodically consider making scheme E+W+S

5 (1) Each planning authority must, at least once in each 5-year period, consider whether it would be desirable to— E+W+S

(a) make a scheme for a part or parts of their district,

(b) alter a scheme that relates to an area in their district.

(2) In sub-paragraph (1), the “5-year period” means—

(a) the period of 5 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 received Royal Assent, and

(b) each subsequent period of 5 years beginning with the day on which the authority last published a statement under sub-paragraph (3).

(3) After each occasion on which an authority consider the matters mentioned in sub-paragraph (1), they must publish a statement setting out—

(a) what they decided, and

(b) the reasons for their decision.

(4) The Scottish Ministers may by regulations prescribe requirements in respect of the statement mentioned in sub-paragraph (3).

(5) The requirements that may be specified under sub-paragraph (4) include, in particular, requirements as to—

(a) what information a statement must contain,

(b) how it is to be published, and

(c) to whom copies of it are to be sent.

Duty to seek to make or alter scheme when directed to do so E+W+S

6 (1) The Scottish Ministers may at any time direct a planning authority to— E+W+S

(a) make a scheme in such terms as the Scottish Ministers consider appropriate, or

(b) alter a scheme in such manner as the Scottish Ministers consider appropriate.

(2) It is the duty of a planning authority given a direction under this paragraph to seek to make or (as the case may be) alter a scheme in accordance with the direction.

(3) Sub-paragraph (2) does not relieve a planning authority from having to comply with the requirements for making or altering a scheme set out in Part 3.]