Town and Country Planning (Scotland) Act 1997

[F1 17 Main issues report for preparation of local development plan S

[F2 (1) With a view to facilitating and informing their work in preparing a local development plan, a planning authority are to compile a report (a “main issues report”).

(2) A main issues report compiled under this section is a report in which are set out—

(a) general proposals by the authority for development in their district and in particular proposals as regards where the development should be carried out (and where it should not), and

(b) general proposals which constitute a reasonable alternative (or reasonable alternatives) to those mentioned in paragraph (a).

(3) The report is also—

(a) to include information sufficient to secure—

(i) that what is proposed can readily be understood by those persons who may be expected to desire an opportunity of making representations to the authority with respect to the report, and

(ii) that such representations can be meaningful, and

(b) to draw attention to any differences between the proposals for development mentioned in paragraphs (a) and (b) of subsection (2) and the spatial strategy set out in the authority's local development plan (if any such plan is for the time being current).

(4) In compiling the report the planning authority are to seek the views of, and have regard to any views expressed by—

(a) the key agencies, and

(b) such persons as may be prescribed.

(5) It is the duty of a key agency to co-operate with the planning authority in the compilation of the authority's main issues report.

(6) The planning authority are to publish their main issues report in such manner as may be prescribed; and without prejudice to the generality of this subsection the regulations in question must so far as practicable secure—

(a) that the persons mentioned in subsection (3) are made aware that they are entitled to make such representations as are mentioned in that subsection, and

(b) that those persons are given an adequate opportunity to do so.

(7) Subsection (6) is without prejudice to the right of any person whatsoever to make representations to the authority as respects the report.

(8) Publication under that subsection is to include specification of a date by which any representations under this section must be made.

(9) On the report being published under that subsection, the authority are to send a copy of it to the Scottish Ministers.

(10) In subsection (6), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet). ]]

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.

F2 S. 17 repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(7), 63(2); S.S.I. 2019/314, reg. 2, sch.