Town and Country Planning (Scotland) Act 1997

12 Publicity and consultation

(1) Subject to subsection (6), a planning authority who propose to prepare, alter, repeal or replace a local plan shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to any relevant matter arising out of a survey of the district or part of the district carried out under section 4 or 11 and to the proposals,

(b) that persons who may be expected to wish to make representations to the authority about the proposals are made aware that they are entitled to do so, and

(c) that such persons are given an adequate opportunity of making such representations.

(2) The planning authority shall consider any representations made to them within the prescribed period.

(3) Having prepared the local plan or, as the case may be, the proposals for alteration, repeal or replacement, the planning authority shall before adopting the plan or proposals or submitting it or them for approval under section 18—

(a) make copies available for inspection at their office and at such other places as appear to them to be appropriate, and

(b) send a copy to the Secretary of State.

(4) Each copy made available for inspection under subsection (3) shall be accompanied by a statement of the time within which objections may be made to the authority.

(5) The copy of the plan or proposals sent to the Secretary of State, or made available for inspection, under subsection (3) shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1), and

(b) of the authority’s consultations with, and their consideration of the views of, other persons.

(6) If the planning authority propose to alter a local plan and do not consider it appropriate to take the steps referred to in subsection (1), they may instead include, with the copies of those proposals made available for inspection under subsection (3) and with the copy sent to the Secretary of State, a statement of their reasons for not doing so.