Town and Country Planning (Scotland) Act 1997

[F1 18 Preparation and publication of proposed local development plan S

(1) After [F2 the date specified by virtue of subsection (8) of section 17] [F2 being notified under section 16B(9)], the planning authority are—

(a) [F3 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 local development plan,]

[F3 having regard to the evidence report in relation to which notification under that section was received, to prepare and publish in such manner as is prescribed a proposed local development plan,

(aa) to publish the evidence report at the same time and in the same manner as the proposed local development plan,]

(b) to send a copy of that proposed plan [F4 and the evidence report] to each key agency,

(c) to notify any person who timeously has made representations under section 17 that the proposed plan has been published and of where a copy of it is available for inspection (and at what reasonable times),

(d) to consult, with regard to the proposed plan, the key agencies and such persons as may be prescribed, and

(e) in such circumstances as may be prescribed, to give notice—

(i) in such form,

(ii) of such matter, and

(iii) to such persons,

as may be specified in the regulations in question.

[F5 (1A) Without prejudice to the generality of subsection (1)(d), a planning authority for a district all or part of which falls within the boundary identified by the Central Scotland Green Network Partnership are (for so long as such a body is included in the National Planning Framework as a national development) to consult the Network on the proposed local development plan.

(1B) Before publishing a proposed local development plan under subsection (1), the planning authority must approve the plan.

(1C) Section 56 of the Local Government (Scotland) Act 1973 (arrangements for discharge of functions by local authorities) does not apply to the function of approving a proposed local development plan.]

(2) Publication under subsection (1)(a) is to include specification of a date (being a date not less than [F6 6] [F6 12] weeks after the date of publication) by which any representations with respect to the proposed local development plan must be made to the authority.

(3) After the date specified by virtue of subsection (2), the planning authority may modify the proposed local development plan so as to take account of—

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

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

(c) any minor drafting or technical matters.

(4) [F7 Where the authority decide to make no modifications under subsection (3), or any modifications under that subsection are not of a kind prescribed for the purposes of subsection (5) (or mentioned in subsection (8)),] the authority—

(a) are to submit the proposed local development plan to the Scottish Ministers together with—

(i) 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) the authority's current participation statement, [F8 and]

(ii) a copy of their proposed action programme for the plan, [F9 and

(iii) if modifications have been made to the proposed plan under subsection (3), a report setting out—

(A) the modifications made, and

(B) the reasons for making them.]

(b) [F10 are to publish the plan in such manner as may be prescribed, and]

(c) [F10 if no request is to be made under section 19(1) are, in so publishing it, to advertise their intention to adopt it.]

(5) [F11 Where the authority make under subsection (3) modifications of a prescribed kind, the authority are—

(a) to publish in such manner as was prescribed under section 17(6) the proposed local development plan as modified, and

(b) to give notice—

(i) in such form,

(ii) of such matter, and

(iii) to such persons,

as may be specified in the regulations in question.]

(6) [F11 Publication under subsection (5)(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 local development plan must be made to the authority and, after that date, the authority may further modify the proposed plan so as to take account of—

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

(b) any minor drafting or technical matters.]

(7) [F11 Subsections (4) and (5) apply in respect of modifications under subsection (6) as they apply in respect of modifications under subsection (3).]

(8) [F11 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 (9) referred to as the “ original plan ”) they are not to modify it (or submit it or publish it unmodified) but are to prepare and publish under subsection (1) a new proposed local development plan. ]

(9) [F11 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).]

(10) It is the duty of a key agency to co-operate with the planning authority in the preparation of the authority's proposed local 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.

F2 Words in s. 18(1) substituted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(a), 63(2); S.S.I. 2019/314, reg. 2, sch.

F3 S. 18(1)(a)(aa) substituted for s. 18(1)(a) (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(b), 63(2); S.S.I. 2019/314, reg. 2, sch.

F4 Words in s. 18(1)(b) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(c), 63(2); S.S.I. 2019/314, reg. 2, sch.

F5 S. 18(1A)-(1C) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.

F6 Word in s. 18(2) substituted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(e), 63(2); S.S.I. 2019/314, reg. 2, sch.

F7 Words in s. 18(4) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(f), 63(2); S.S.I. 2019/314, reg. 2, sch.

F8 Word in s. 18(4)(a) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(g)(i), 63(2); S.S.I. 2019/314, reg. 2, sch.

F9 S. 18(4)(a)(iii) and word inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(g)(ii), 63(2); S.S.I. 2019/314, reg. 2, sch.

F10 S. 18(4)(b)(c) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(h), 63(2); S.S.I. 2019/314, reg. 2, sch.

F11 S. 18(5)-(9) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(i), 63(2); S.S.I. 2019/314, reg. 2, sch.