Town and Country Planning (Scotland) Act 1997

[F1 20 Constitution of local development plan S

(1) On being adopted by the planning authority the proposed local development plan is constituted as the local development plan.

[F2 (2) But subsection (1) is subject to any direction made under subsection (7) and does not apply if such adoption is in contravention of subsection (3) or (6) (the reference to subsection (3) including a reference to subsection (3) as applying by virtue of a direction made under subsection (4)).

(3) A proposed local development plan is not to be so adopted before a period of 28 days has elapsed after the planning authority's intention to adopt it is advertised under section 18(4)(c) or 19(10)(c).

(4) The Scottish Ministers may, as regards a particular proposed local development plan submitted to them, direct that subsection (3) is to apply as if, for the period mentioned in the subsection there were substituted such longer period as is specified in the direction.

(5) At any time during the period mentioned in subsection (3), or as the case may be specified in a direction under subsection (4), the Scottish Ministers may, if it appears to them that the proposed plan is unsatisfactory, direct the authority to consider modifying it in such respects as are indicated in the direction.

(6) A planning authority given a direction under subsection (5) are not to adopt the proposed plan unless—

(a) they satisfy the Scottish Ministers that they have made the modifications necessary to conform with the direction, or

(b) the Scottish Ministers withdraw the direction.

(7) At any time before a proposed local development plan submitted to the Scottish Ministers has been adopted by the planning authority, the Scottish Ministers may direct that the proposed plan is to be constituted not on being so adopted but if and when approved by the Scottish Ministers.]

[F2 (1A) A proposed local development plan may not be adopted before the end of the period that—

(a) begins on the day it is submitted to the Scottish Ministers under section 18(4)(a) or (as the case may be) 19A(5)(b)(ii), and

(b) ends at the end of the day that falls 28 days later.

(1B) Where—

(a) a request is made under section 19(1) when a proposed local development plan is submitted to the Scottish Ministers, or

(b) no such request is made but, within the 28 day period described in subsection (1A), the Ministers appoint a person under section 19(3),

the proposed local development plan may not be adopted until the planning authority have received a report in relation to the plan submitted under section 19(8)(b).]]

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. 20(1A)(1B) substituted for s. 20(2)-(7) (8.11.2019 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), ss. 7(12), 63(2); S.S.I. 2019/314, reg. 2, sch.