Town and Country Planning (Scotland) Act 1997

[F1 13 Proposed strategic development plan: approval or rejection S

(1) The Scottish Ministers may, after receiving—

(a) a proposed strategic development plan by virtue of paragraph (b) of section 10(3), and

(b) (if they make a direction under subsection (1) of section 12), a report prepared under subsection (7)(a) of that section,

either approve the proposed plan (in whole or in part and with or without modifications) or reject it.

(2) If so approved, the proposed plan is constituted (as so approved) as the strategic development plan.

(3) Subsection (1) is subject to the following subsections.

(4) Where the Scottish Ministers—

(a) modify a proposed strategic development plan which has been examined under section 12, they are, in approving the plan, to set out in the instrument by which approval is given the modifications and the reasons for making them,

(b) in considering a proposed strategic development plan which has not been so examined, form the intention of modifying it under subsection (1), they are—

(i) to publish in such manner as they think fit the modifications they intend to make and the reasons for making them, and

(ii) to consult with regard to the modifications the key agencies, the strategic development planning authority and such other persons (if any) as they consider appropriate.

(5) Publication under subsection (4)(b)(i) 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 intended modifications must be made to the Scottish Ministers.

(6) Where a date is so specified, approval under subsection (1) is not to be given before that date.

(7) The reference in subsection (1) to “modifications” is, where there has been publication under subsection (4)(b)(i), to be construed as a reference to—

(a) the intended modifications so published, or

(b) such modifications as the Scottish Ministers, having regard to any representations timeously made by virtue of subsection (5) and to any matters arising in consultation under subsection (4)(b)(ii), think fit.

(8) The Scottish Ministers are to notify the strategic development planning authority of any representations made by virtue of subsection (5).]

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.