Town and Country Planning (Scotland) Act 1997

[F1 4 Strategic development planning authorities S

(1) The Scottish Ministers may by order designate a group of planning authorities as authorities which are jointly—

(a) to prepare a plan (to be known as a “ strategic development plan ”)—

(i) whenever required to do so by the Scottish Ministers, and

(ii) (subject to sub-paragraph (i) and to section 10(8)) whenever the group think it appropriate to do so,

for an area (to be known as a “ strategic development plan area ”) to be determined under section 5(3), and

(b) to keep under review the plan so prepared.

(2) No part of the strategic development plan area is to be outwith the districts of the designated group.

(3) The Scottish Ministers may direct—

(a) that an employee of a constituent authority of the designated group is to be assigned to manage the process of preparing and reviewing the strategic development plan, and

(b) that other employees of the constituent authorities are to be assigned to assist in that process.

(4) The Scottish Ministers are not to issue a direction to an authority under subsection (3) within the period of 3 months beginning with the day on which the order under subsection (1) designating the authority as a constituent authority of the designated group was made.

(5) A group of planning authorities acting jointly by virtue of subsection (1) may be referred to as a “ strategic development planning authority ”; and an employee assigned as is mentioned in paragraph (a) of subsection (3) may be referred to as a “ strategic development plan manager ”.

(6) For any strategic development plan area there is at no time to be more than one strategic development plan.

(7) The Scottish Ministers may, for the purposes of this section, issue guidance to the constituent authorities of the designated group; and those authorities must have regard to any guidance so issued.

(8) The Scottish Ministers may request a planning authority to provide them with information regarding arrangements for the assignment of any employee of that authority to manage, or assist in, the process of preparing and reviewing a strategic development plan and the authority must provide such information within 14 days of receipt of the request.

(9) In carrying out their duty under paragraph (b) of subsection (1), a strategic development planning authority are in particular to monitor—

(a) changes in the characteristics referred to in section 7(4)(a), and

(b) the impact of the policies and proposals contained within the strategic development plan.

(10) A strategic development plan authority are—

(a) from time to time, and

(b) in any event whenever they publish a main issues report by virtue of that paragraph,

to publish a statement as to the carrying out by them of their duty under that paragraph.

(11) In subsection (10), “ 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.