Textual Amendments
F1Pt. 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.
(1)On submitting a proposed local development plan under paragraph (a) of section 18(4), a planning authority are, if the circumstances are as mentioned in subsection (2), to request the Scottish Ministers to make an appointment under subsection (3).
(2)The circumstances are that representations timeously made were not taken account of (or not fully taken account of) in modifications under subsection (3) or (6) of section 18 and have not been withdrawn.
(3)If, when a proposed development plan is submitted to the Scottish Ministers under paragraph (a) of section 18(4)—
(a)a request is made under subsection (1), or
(b)no such request is made but it appears to them that the circumstances are as mentioned in subsection (2),
they are to appoint a person to examine under this subsection the proposed plan.
(4)But where an appointment is made under subsection (3), the appointed person is firstly to examine under this subsection the extent to which the planning authority's actings with regard to consultation and the involvement of the public at large as respects the proposed plan have conformed with (or have been beyond the requirements of) the participation statement of the authority which was current when the proposed plan was published under section 18(1)(a).
(5)The Scottish Ministers may make regulations as to—
(a)meeting general administrative costs, staff costs and overheads incurred in relation to an examination under subsection (3) or (4),
(b)procedures to be followed at such an examination, and
(c)what is to be assessed in such an examination and matters by reference to which the assessment is to be made;
but the form the examination is to take (as for example whether it should be in public or as to whether persons who have made representations, and other persons, are to be heard or are to present written submissions) is to be at the discretion of the appointed person.
[F2(5A)When a request is made under subsection (1), or an appointment is made under subsection (3) without a request having been made, the planning authority must publish in the prescribed manner—
(a)the proposed plan, and
(b)if modifications were made to the proposed plan under section 18(3) or 19A(5)(b)(i), a report setting out—
(i)the modifications made, and
(ii)the reasons for making them.]
(6)When a person is appointed under subsection (3), the planning authority are—
(a)to advertise the forthcoming examination of the proposed plan in a local newspaper and in the public libraries within the part of the authority's district to which the proposed plan relates, and
(b)to serve notice of that examination on each of the persons who have made the representations mentioned in subsection (2).
(7)No such examination as is mentioned in subsection (3) is to be commenced—
(a)within 4 weeks after the appointment is made, and
(b)where a report is submitted under subsection (1)(b) of section 19A, before a direction is given under subsection (3)(b) of that section.
(8)On completing his examination under subsection (3)[F3, unless section 19ZA applies,] the appointed person is to—
(a)prepare a report—
(i)setting out, and giving reasons for, his conclusions and recommendations[F4 (which may include recommendations for amendments to the proposed local development plan)], and
(ii)as to the matters considered by him under subsection (4),
(b)submit it to the planning authority,
(c)publish it, and
(d)serve on the persons mentioned in paragraph (b) of subsection (6), and on any person who made representations by virtue of section 19A, notice of the report's submission and publication (including the means of publication).
[F5(8A)Recommendations under subsection (8)(a)(i) may include—
(a)recommendations that the planning authority make modifications to the proposed local development plan,
(b)in a case where the appointed person considers that a change required is not suitable to be dealt with by such modification, a recommendation that, if adopted, the planning authority should amend the local development plan under section 20AA in relation to such matters as may be specified in the report.
(8B)Where a report prepared under subsection (8)(a) includes a recommendation of the type described in subsection (8A)(b), the appointed person must send a copy of the report to the Scottish Ministers.]
(9) In [F6subsection] [F6subsections (5A) and] (8)(c), “ publish ” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
(10)The planning authority are, on receiving a report submitted under subsection (8)(b)—
(a)to make—
(i)(except in so far as they decline to do so, on such grounds as may be prescribed for the purposes of this sub-paragraph) such modifications, if any, to the proposed local development plan as the appointed person recommends, and
(ii)such other modifications to it, if any, as appear to them to be requisite having regard to the report,
(b)[F7to publish the modifications made, together with the proposed plan as modified (or, if no modifications are made, to publish the proposed plan) in such manner as may be prescribed,]
(c)[F7in so publishing the proposed plan (whether or not modified), to advertise their intention to adopt it, and]
(d)[F7to notify each person who made representations under section 18 that the proposed plan has been published and of where a copy of it is available for inspection (and at what reasonable times).]
(11)But the authority may, before complying with subsection (10), secure the carrying out of an environmental assessment (within the meaning of the Environmental Assessment (Scotland) Act 2005 (asp 15)) in relation to the proposed plan as so modified; and if they do so then paragraph (a) of that subsection is to be construed as subject to the qualification that any modification made must, in the opinion of the authority, be acceptable having regard to that assessment.
(12)[F8The planning authority are, within 3 months after receiving a report submitted under subsection (8)(b), to send to the Scottish Ministers a copy of each of the following—
(a)the modifications, if any, made under sub-paragraph (i) of subsection (10)(a),
(b)where a modification recommended by the appointed person is not made, a statement setting out the recommendation and explaining (by reference to the grounds prescribed for the purposes of that sub-paragraph) why it is not made,
(c)the proposed plan (whether or not modified),
(d)the report,
(e)any environmental assessment carried out by virtue of subsection (11), and
(f)the advertisement mentioned in subsection (10)(c).]]
Textual Amendments
F2S. 19(5A) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(a), 63(2); S.S.I. 2019/314, reg. 2, sch.
F3Words in s. 19(8) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(b), 63(2); S.S.I. 2019/314, reg. 2, sch.
F4Words in s. 19(8)(a)(i) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(c), 63(2); S.S.I. 2019/314, reg. 2, sch.
F5S. 19(8A)(8B) inserted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.
F6Words in s. 19(9) substituted (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(e), 63(2); S.S.I. 2019/314, reg. 2, sch.
F7S. 19(10)(b)-(d) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(f), 63(2); S.S.I. 2019/314, reg. 2, sch.
F8S. 19(12) repealed (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(9)(g), 63(2); S.S.I. 2019/314, reg. 2, sch.