Town and Country Planning (Scotland) Act 1997

10 Approval or rejection of structure plans and proposals for alteration or replacement. S

(1) The Secretary of State may, after considering a relevant proposal, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2) In this section, “relevant proposal” means—

(a) a structure plan (including any alternative proposals included in the plan by virtue of section 6(4)), or

(b) a proposal for the alteration or repeal and replacement of a structure plan,

submitted (or resubmitted) to the Secretary of State.

(3) In considering a relevant proposal 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 proposal as submitted to him.

(4) Where on considering a relevant proposal 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 proposal, so far as they are made in accordance with regulations, and

(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 proposal, cause a person or persons, appointed by him for the purpose, to hold such an examination.

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

(6) The Secretary of State need not secure to any planning authority or other person a right to be heard at any such examination and, subject to subsection (7), only such bodies and persons as he may before or during the course of the examination invite to do so may take part in it.

(7) The person or persons holding the examination may before or during the course of the examination invite additional bodies or persons to take part in it if it appears to him or them desirable to do so.

(8) An examination under subsection (4)(b) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M1 Tribunals and Inquiries Act 1992, but shall not constitute such an inquiry for any other purpose of that Act.

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

(10) On exercising his powers under subsection (1) in relation to a relevant proposal, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.

Marginal Citations

M1 1992 c. 53.