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)Within 3 months after designation under section 4(1), the strategic development planning authority are to submit to the Scottish Ministers—
(a)a plan showing the boundary which the authority propose as the boundary of the strategic development plan area, and
(b)a statement in justification of that proposal,
with the request that a determination be made under subsection (3).
(2)If the individual planning authorities which the strategic development planning authority comprises are not unanimous as to the boundary to be proposed, any of those individual planning authorities may, in conjunction with the submission under subsection (1), submit an alternative plan and statement under that subsection.
(3)The Scottish Ministers may determine that the boundary of the strategic development plan area is—
(a)a boundary proposed in a submission under subsection (1),
(b)any such boundary with such modifications as they think fit, or
(c)such other boundary as they think fit.
(4)If before making a determination under subsection (3) the Scottish Ministers consider they require further information from the strategic development planning authority or from a planning authority of the designated group, they may request the authority in question to provide them with that information.
(5)The Scottish Ministers are to give notice to the strategic development planning authority of any determination under subsection (3); and where the determination is under paragraph (b) or (c) of that subsection the notice is to include a statement as to their reasons for making the determination.
(6)Subject to section 6, a determination under subsection (3) is final and conclusive.]