Town and Country Planning (Scotland) Act 1997

[F1 10 Preparation and publication of proposed strategic development plan S

(1) After the date specified by virtue of subsection (8) of section 9, the strategic development planning authority are—

(a) having regard to such representations as timeously may have been made to them as respects their main issues report, to prepare, and to publish in such manner as was prescribed under subsection (6) of that section, a proposed strategic development plan,

(b) to send a copy of that document to—

(i) each key agency, and

(ii) each planning authority the district of which is contiguous with the strategic development plan area,

(c) to notify any person who timeously has made representations under section 9 of where a copy of that document is available for inspection (and at what reasonable times), and

(d) to consult, with regard to that document, the key agencies and such persons as may be prescribed.

(2) Publication under subsection (1)(a) is to include specification of a date (being a date not less than 6 weeks after the date of publication) by which any representations with respect to the proposed strategic development plan must be made to the authority.

(3) After the date specified by virtue of subsection (2), the strategic development planning authority—

(a) may modify the proposed strategic development plan so as to take account of—

(i) any representations timeously made to them as respects that proposed plan (or of any matters arising out of representations so made),

(ii) any matters arising in consultation under subsection (1)(d), and

(iii) any minor drafting or technical matters, and

(b) are to submit it (whether or not modified) to the Scottish Ministers together with—

(i) a note of such representations as were timeously made to the authority and of whether those representations are taken account of in the plan (and if so to what extent),

(ii) a report as to the extent to which the authority's actings with regard to consultation and the involvement of the public at large have conformed with (or have gone beyond the requirements of) their current participation statement, and

(iii) a copy of their proposed action programme for the plan.

(4) But if the authority consider that modifications are requisite and are such as would change the underlying aims or strategy of the proposed plan (in subsection (5) referred to as the “ original plan ”) they are not to modify it (or submit it unmodified to the Scottish Ministers) but are to prepare and publish under subsection (1) a new proposed strategic development plan.

(5) In its application to any such new plan subsection (1) is to be construed as if references to representations made timeously as respects the main issues report (and to any person timeously making representations) included references to representations so made as respects the original plan (and to any person so making representations with respect to the original plan).

(6) Where a proposed strategic development plan is modified under subsection (3), the modified plan is to be published in such manner as was prescribed under section 9(6).

(7) On submitting a proposed strategic development plan under subsection (3)(b), the strategic development planning authority are to advertise, in such manner as may be prescribed, that they have done so.

(8) Where there is a current strategic development plan, a proposed strategic development plan must be submitted under subsection (3)(b) within 4 years after the date on which that current plan was approved under section 13(1).

(9) It is the duty of a key agency to co-operate with the strategic development planning authority in the preparation of the authority's proposed strategic development plan.]

Textual Amendments

F1 Pt. 2 substituted (19.5.2008 for specified purposes, 25.6.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 2, 59(2) (with savings and transitional provisions in S.S.I. 2008/165, arts. 1, 2 and S.S.I. 2008/427, arts. 1(1), 2-5); S.S.I. 2008/164, art. 2(1)(2), sch.; S.S.I. 2009/70, art. 2, sch.