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Town and Country Planning (Scotland) Act 1997 (c. 8)

(The document as of February, 2008)

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Town and Country Planning (Scotland) Act 1997

1997 CHAPTER 8

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Administration

    1. 1. Planning authorities.

    2. 2. Enterprise zones.

    3. 3. Urban development areas.

  2. Part II

    Development Plans

    1. Surveys

      1. 4. Survey of planning districts.

      2. 5. Designation of structure plan areas.

    2. Structure plans

      1. 6. Structure plans: continuity of old and preparation of new plans.

      2. 7. Form and content of structure plans.

      3. 8. Publicity in connection with structure plans.

      4. 9. Alteration and replacement of structure plans.

      5. 10. Approval or rejection of structure plans and proposals for alteration or replacement.

    3. Local plans

      1. 11. Preparation of local plans.

      2. 12. Publicity and consultation.

      3. 13. Alteration of local plans.

      4. 14. Power of Secretary of State to direct making of local plan etc.

      5. 15. Objections: local inquiry or other hearing.

      6. 16. Costs of local inquiry or other hearing.

      7. 17. Adoption of proposals.

      8. 18. Calling in of plan or proposals for approval by Secretary of State.

      9. 19. Approval of plan or proposals by Secretary of State.

    4. Supplementary provisions

      1. 20. Disregarding of representations with respect to development authorised by or under other enactments.

      2. 21. Power of Secretary of State to make regulations as to structure and local plans.

      3. 22. Default powers of Secretary of State.

      4. 23. Reviews of plans in enterprise zones.

      5. 24. Meaning of "development plan".

    5. General

      1. 25. Status of development plans.

  3. Part III

    Control over Development

    1. Meaning of development

      1. 26. Meaning of "development".

      2. 27. Time when development begun.

    2. Requirement for planning permission

      1. 28. Development requiring planning permission.

      2. 29. Granting of planning permission: general.

    3. Development orders

      1. 30. Development orders: general.

      2. 31. Permission granted by development order.

    4. Applications for planning permission

      1. 32. Form and content of applications for planning permission.

      2. 33. Planning permission for development already carried out.

    5. Publicity for applications

      1. 34. Publication of notices of applications.

      2. 35. Notice etc. of applications to owners and agricultural tenants.

      3. 36. Registers of applications etc.

    6. Determination of applications

      1. 37. Determination of applications: general considerations.

      2. 38. Consultations in connection with determination of applications.

      3. 39. Power of planning authority to decline to determine applications.

      4. 40. Assessment of environmental effects.

      5. 41. Conditional grant of planning permission.

      6. 42. Determination of applications to develop land without compliance with conditions previously attached.

      7. 43. Directions etc. as to method of dealing with applications.

      8. 44. Effect of planning permission.

      9. 45. Duty to draw attention to certain provisions for benefit of disabled.

    7. Secretary of State's powers in relation to planning applications and decisions

      1. 46. Call-in of applications by Secretary of State.

      2. 47. Right to appeal against planning decisions and failure to take such decisions.

      3. 48. Determination of appeals.

    8. Simplified planning zones

      1. 49. Simplified planning zones.

      2. 50. Making of simplified planning zone schemes.

      3. 51. Simplified planning zone schemes: conditions and limitations on pla permission.">58. General condition limiting duration of planning permission.

      4. 59. Outline planning permission.

      5. 60. Provisions supplementary to sections 58 and 59.

      6. 61. Termination of planning permission by reference to time limit: completion notices.

      7. 62. Effect of completion notice.

      8. 63. Power of Secretary of State to serve completion notice.

    9. Variation, revocation and modification of planning permission

      1. 64. Power to vary planning permission.

      2. 65. Power to revoke or modify planning permission.

      3. 66. Procedure for section 65 orders: opposed cases.

      4. 67. Procedure for section 65 orders: unopposed cases.

      5. 68. Revocation and modification of planning permission by the Secretary of State.

    10. References to Planning Inquiry Commissions

      1. 69. Power to refer certain planning questions to Planning Inquiry Commission.

      2. 70. Power to refer certain planning questions to Joint Planning Inquiry Commission.

    11. Other controls over development

      1. 71. Orders requiring discontinuance of use or alteration or removal of buildings or works.

      2. 72. Confirmation by Secretary of State of section 71 orders.

      3. 73. Power of the Secretary of State to make section 71 orders.

      4. 74. Review of mineral planning permissions.

      5. 75. Agreements regulating development or use of land.

  4. Part IV

    Compensation for Effects of Certain Orders, Notices etc.

    1. Compensation for revocation or modification of planning permission

      1. 76. Compensation where planning permission revoked or modified.

      2. 77. Compensation for refusal or conditional grant of planning permission formerly granted by development order.

      3. 78. Apportionment of compensation for depreciation.

      4. 79. Registration of compensation for depreciation.

      5. 80. Recovery of compensation on subsequent development.

      6. 81. Amount recoverable, and provisions for payment or remission.

      7. 82. Provisions for payment or remission of amount recoverable under section 80.

      8. 83. Compensation in respect of orders under section 71 etc.

      9. 84. Special basis for compensation in respect of certain orders affecting mineral working.

      10. 85. Power to make provision for determination of claims.

      11. 86. Lands Tribunal to determine claims if not otherwise provided.

    2. Supplementary provisions

      1. 87. General provisions as to compensation for depreciation under this Part.

  5. Part V

    Rights of Owners etc. to Require Purchase of Interests

    1. Chapter I

      Interests Affected by Planning Decisions or Orders

      1. Service of purchase notices

        1. 88. Circumstances in which purchase notices may be served.

        2. 89. Circumstances in which land incapable of reasonably beneficial use.

      2. Duties of authorities on service of purchase notice

        1. 90. Action by planning authority on whom purchase notice is served.

        2. 91. Procedure on reference of purchase notice to Secretary of State.

        3. 92. Action by Secretary of State in relation to purchase notice.

        4. 93. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

        5. 94. Effect of Secretary of State's action in relation to purchase notice.

      3. Compensation

        1. 95. Special provisions as to compensation where purchase notice served.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 96. Counter-notice requiring purchase of remainder of agricultural unit.

        2. 97. Effect of counter-notice under section 96.

        3. 98. Provisions supplemental to sections 96 and 97.

      5. Supplemental

        1. 99. Interpretation of Chapter I.

    2. Chapter II

      Interests Affected by Planning Proposals: Blight

      1. Preliminary

        1. 100. Scope of Chapter II.

      2. Blight notices

        1. 101. Notice requiring purchase of blighted land.

        2. 102. Counter-notice objecting to blight notice.

        3. 103. Further counter-notice where certain proposals have come into force.

        4. 104. Reference of objection to Lands Tribunal: general.

        5. 105. Effect of valid blight notice.

        6. 106. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

        7. 107. Withdrawal of blight notice.

      3. Compensation

        1. 108. Special provisions as to compensation for acquisition in pursuance of blight notice.

      4. Special provisions for requiring purchase of whole of partially affected agricultural units

        1. 109. Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.

        2. 110. Objection to section 109 notice.

        3. 111. Effect of section 109 notice.

      5. Successors, heritable creditors and partnerships

        1. 112. Powers of successors in respect of blight notice.

        2. 113. Power of heritable creditor to serve blight notice.

        3. 114. Prohibition on service of simultaneous notices under sections 101, 112 and 113.

        4. 115. Special provisions as to partnerships.

      6. Miscellaneous and supplementary provisions

        1. 116. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

        2. 117. Saving for claimant's right to sell whole hereditament, etc.

        3. 118. No withdrawal of constructive notice to treat.

        4. 119. Meaning of "owner-occupier" and "resident owner-occupier".

        5. 120. "Appropriate authority" for purposes of Chapter II.

        6. 121. "Appropriate enactment" for purposes of Chapter II.

        7. 122. General interpretation of Chapter II.

  6. Part VI

    Enforcement

    1. Application

      1. 123. Expressions used in connection with enforcement.

      2. 124. Time limits.

    2. Planning contravention notices

      1. 125. Power to require information about activities on land.

      2. 126. Penalties for non-compliance with planning contravention notice.

    3. Enforcement notices

      1. 127. Issue of enforcement notice.

      2. 128. Contents and effect of notice.

      3. 129. Variation and withdrawal of enforcement notice.

      4. 130. Appeal against enforcement notice.

      5. 131. Appeals: supplementary provisions.

      6. 132. General provisions relating to determination of appeals.

      7. 133. Grant or modification of planning permission on appeal against enforcement notice.

      8. 134. Validity of enforcement notices.

      9. 135. Execution and cost of works required by enforcement notice.

      10. 136. Offence where enforcement notice not complied with.

      11. 137. Effect of planning permission etc. on enforcement or breach of condition notice.

      12. 138. Enforcement notice to have effect against subsequent development.

      13. 139. Power of Secretary of State to serve enforcement notice.

    4. Stop notices

      1. 140. Stop notices.

      2. 141. Stop notices: supplementary provisions.

      3. 142. Power of the Secretary of State to serve stop notice.

      4. 143. Compensation for loss due to stop notice.

      5. 144. Penalties for contravention of stop notice.

    5. Breach of condition notices

      1. 145. Enforcement of conditions.

    6. Interdicts

      1. 146. Interdicts restraining breaches of planning control.

    7. Registers

      1. 147. Register of enforcement, breach of condition and stop notices.

    8. Enforcement of orders for discontinuance of use, etc.

      1. 148. Penalties for contravention of orders under section 71 and Schedule 8.

      2. 149. Enforcement of orders under section 71 and Schedule 8.

    9. Certificate of lawful use or development

    10. 158. Rights of entry: supplementary provisions.

  • Part VII

    Special Controls

    1. Chapter I

      Trees

      1. General duty of planning authorities as respects trees

        1. 159. Planning permission to include appropriate provision for preservation and planting of trees.

      2. Tree preservation orders

        1. 160. Power to make tree preservation orders.

        2. 161. Form of and procedure applicable to orders.

        3. 162. Orders affecting land where Forestry Commissioners interested.

        4. 163. Provisional tree preservation orders.

        5. 164. Power for Secretary of State to make tree preservation orders.

      3. Compensation for loss or damage caused by orders etc.

        1. 165. Compensation in respect of tree preservation orders.

        2. 166. Compensation in respect of requirement as to replanting of trees.

      4. Consequences of tree removal etc.

        1. 167. Replacement of trees.

        2. 168. Enforcement of duties as to replacement of trees.

        3. 169. Appeal against section 168 notice.

        4. 170. Execution and cost of works required by section 168 notice.

        5. 171. Penalties for non-compliance with tree preservation order.

      5. Trees in conservation areas

        1. 172. Preservation of trees in conservation areas.

        2. 173. Power to disapply section 172.

        3. 174. Enforcement of controls as respects trees in conservation areas.

        4. 175. Register of section 172 notices.

      6. Rights of entry

        1. 176. Rights to enter without warrant.

        2. 177. Right to enter under warrant.

        3. 178. Rights of entry: supplementary provisions.

    2. Chapter II

      Land Adversely Affecting Amenity of Neighbourhood

      1. Land adversely affecting other land

        1. 179. Notice requiring proper maintenance of land.

        2. 180. Appeal against notice under section 179.

        3. 181. Register of notices under section 179.

    3. Chapter III

      Advertisements

      1. Advertisement regulations

        1. 182. Regulations controlling display of advertisements.

        2. 183. Power to make different advertisement regulations for different areas.

        3. 184. Planning permission not needed for advertisements complying with regulations.

      2. Repayment of expense of removing prohibited advertisements

        1. 185. Repayment of expense of removing prohibited advertisements.

      3. Enforcement of control over advertisements

        1. 186. Enforcement of control as to advertisements.

        2. 187. Power to remove or obliterate placards and posters.

  • Part VIII

    Acquisition and Appropriation of Land for Planning Purposes etc.

    1. Acquisition for planning and public purposes

      1. 188. Acquisition of land by agreement.

      2. 189. Compulsory acquisition of land in connection with development and for other planning purposes.

      3. 190. Compulsory acquisition of land by Secretary of State for the Environment.

    2. Powers relating to land held for planning purposes

      1. 191. Disposal of land held for planning purposes.

      2. 192. Disposal by Secretary of State of land acquired under section 190.

      3. 193. Development of land held for planning purposes.

    3. Extinguishment of certain rights affecting acquired or appropriated land

      1. 194. Extinguishment of rights over land compulsorily acquired.

      2. 195. General vesting declarations.

      3. 196. Power to override servitudes and other rights.

      4. 197. Provisions as to churches and burial grounds.

      5. 198. Use and development of land for open spaces.

      6. 199. Displacement of persons from land acquired or appropriated.

      7. 200. Modification of incorporated enactments for purposes of this Part.

      8. 201. Interpretation of this Part.

  • Part IX

    Roads, Footpaths and Rights of Way

    1. Stopping up and diversion of roads by Secretary of State

      1. 202. Roads affected by development: orders by Secretary of State.

    2. Powers of local authorities to extinguish certain rights

      1. 203. Order extinguishing right to use vehicles on road.

      2. 204. Compensation for orders under section 203.

      3. 205. Provision of amenity for road reserved to pedestrians.

      4. 206. Extinguishment of public rights of way over land held for planning purposes.

    3. Powers of planning authorities to stop up roads, etc.

      1. 207. Roads affected by development: orders by planning authorities.

      2. 208. Footpaths and bridleways affected by development: orders by planning authorities.

    4. Procedure

      1. 209. Procedure for making and confirming orders by Secretary of State and planning authorities.

      2. 210. Recovery of costs of making orders.

    5. Supplementary provisions

      1. 211. Concurrent proceedings in connection with roads.

      2. 212. Telecommunication apparatus.

    6. Temporary road orders: mineral workings

      1. 213. Temporary stopping up of roads, footpaths and bridleways for mineral workings.

  • Part X

    Statutory Undertakers

    1. Preliminary

      1. 214. Meaning of "statutory undertakers".

      2. 215. Meaning of "operational land".

      3. 216. Cases in which land is to be treated as not being operational land.

      4. 217. Meaning of "the appropriate Minister".

    2. Application of Part III to statutory undertakers

      1. 218. Applications for planning permission by statutory undertakers.

      2. 219. Conditional grants of planning permission.

      3. 220. Development requiring authorisation of government department.

      4. 221. Revocation or modification of permission to develop operational land.

      5. 222. Order requiring discontinuance of use etc. of operational land.

      6. 223. Acquisition of land of statutory undertakers.

    3. Extinguishment of rights of statutory undertakers, etc.

      1. 224. Extinguishment of rights of statutory undertakers: preliminary notices.

      2. 225. Extinguishment of rights of telecommunications code system operators: preliminary notices.

      3. 226. Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

      4. 227. Orders under sections 224 and 225.

    4. Extension or modification of statutory undertakers' functions

      1. 228. Extension or modification of functions of statutory undertakers.

      2. 229. Procedure in relation to orders under section 228.

      3. 230. Relief of statutory undertakers from obligations rendered impracticable.

      4. 231. Objections to orders under sections 228 and 230.

    5. Compensation

      1. 232. Right to compensation in respect of certain decisions and orders.

      2. 233. Measure of compensation to statutory undertakers etc.

      3. 234. Exclusion of section 233 at option of statutory undertakers.

      4. 235. Procedure for assessing compensation.

    6. Advertisements

      1. 236. Special provisions as to display of advertisements on operational land.

  • Part XI

    Validity

    1. 237. Validity of development plans and certain orders, decisions and directions.

    2. 238. Proceedings for questioning validity of development plans and certain schemes and orders.

    3. 239. Proceedings for questioning the validity of other orders, decisions and directions.

    4. 240. Special provisions as to decisions relating to statutory undertakers.

    5. 241. Special provisions as to orders subject to special parliamentary procedure.

  • Part XII

    Crown Land

    1. Preliminary

      1. 242. Preliminary definitions.

    2. Application of Act as respects Crown land

      1. 243. Control of development on Crown land: special enforcement notices.

      2. 244. Supplementary provisions as to special enforcement notices.

      3. 245. Exercise of powers in relation to Crown land.

      4. 246. Agreements relating to Crown land.

      5. 247. Supplementary provisions as to Crown interest.

    3. Provisions relating to anticipated disposal of Crown land

      1. 248. Application for planning permission etc. in anticipation of disposal of Crown land.

      2. 249. Tree preservation orders in anticipation of disposal of Crown land.

      3. 250. Requirement of planning permission for continuance of use instituted by the Crown.

    4. Enforcement in respect of war-time breaches of planning control by the Crown

      1. 251. Enforcement in respect of war-time breaches of planning control by the Crown.

  • Part XIII

    Financial Provisions

    1. 252. Fees for planning applications etc.

    2. 253. Grants for research and education.

    3. 254. Contributions by Ministers towards compensation paid by planning authorities.

    4. 255. Contributions by local authorities and statutory undertakers.

    5. 256. Assistance for acquisition of property where objection made to blight notice in certain cases.

    6. 257. Recovery from acquiring authorities of sums paid by way of compensation.

    7. 258. Sums recoverable from acquiring authorities reckonable for purposes of grant.

    8. 259. Financial provision.

    9. 260. General provision as to receipts of Secretary of State.

    10. Expenses of local authorities

      1. 261. Expenses of, and borrowing by, local authorities.

  • Part XIV

    Miscellaneous and General Provisions

    1. Application of Act in special cases

      1. 262. Power to modify Act in relation to minerals.

      2. 263. Application of certain provisions to planning authorities.

    2. Natural Heritage Areas

      1. 264. Natural Heritage Areas.

    3. Local inquiries and other hearings

      1. 265. Local inquiries.

      2. 266. Orders as to expenses of parties where no local inquiry held.

      3. 267. Procedure on certain appeals and applications.

      4. 268. Inquiries under Private Legislation Procedure (Scotland) Act 1936.

    4. Rights of entry

      1. 269. Rights of entry.

      2. 270. Supplementary provisions as to rights of entry.

    5. Miscellaneous and general provisions

      1. 271. Service of notices.

      2. 272. Power to require information as to interests in land.

      3. 273. Offences by corporations.

      4. 274. Combined applications.

      5. 275. Regulations and orders.

      6. 276. Act not excluded by special enactments.

      7. 277. Interpretation.

      8. 278. Citation, commencement and extent.

  • Schedules:

    1. Schedule 1

      Old development plans.

    2. Schedule 2

      Exemptions from planning permission for certain land uses in 1948.

    3. Schedule 3

      Conditions relating to mineral working.

      1. Part I

        Conditions imposed on grant of permission.

      2. Part II

        Conditions imposed on revocation or modification of permission.

    4. Schedule 4

      Determination of certain appeals by person appointed by Secretary of State.

    5. Schedule 5

      Simplified planning zones.

    6. Schedule 6

      Planning inquiry commissions.

    7. Schedule 7

      Joint planning inquiry commissions.

    8. Schedule 8

      Old mineral workings and permissions.

      1. Part I

        Requirements relating to discontinuance of mineral working.

      2. Part II

        Registration of old mining permissions.

    9. Schedule 9

      Review of old mineral planning permissions.

    10. Schedule 10

      Periodic review of mineral planning permissions.

    11. Schedule 11

      Development not constituting new development.

    12. Schedule 12

      Condition treated as applicable to rebuilding and alterations.

    13. Schedule 13

      Regulations as to compensation in respect of orders relating to mineral working.

    14. Schedule 14

      Blighted land.

    15. Schedule 15

      General vesting declarations.

      1. Part I

        General provisions.

      2. Part II

        Supplementary provisions.

      3. Part III

        Interpretation.

    16. Schedule 16

      Procedure for making and confirming orders relating to roads and rights of way.

      1. Part I

        Making Orders.

      2. Part II

        Confirmation of orders.

      3. Part III

        Publicity for orders after confirmation.

    17. Schedule 17

      Enforcement as respects war-time breaches by the Crown of planning control.

    18. Schedule 18

      Provisions of this Act referred to in sections 261 to 263.

      1. Part I

        Provisions referred to in sections 261(1) and (2) and 262(1).

      2. Part II

        Provisions referred to in section 263(1).

  • An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

    [27th February 1997]

    Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



    Part I Administration

    1 Planning authorities

    (1) The planning authority for the purposes of this Act shall be the local authority and the district of the planning authority shall be the area of the local authority.

    (2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority.

    2 Enterprise zones

    (1) An order under paragraph 5 of Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.

    (2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under that paragraph may provide that the enterprise zone authority shall be the planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.

    (3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect subject to any such modifications) and to the extent that it is not already, the planning authority for the zone in place of any authority who would otherwise be the planning authority for the zone.

    (4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).

    (5) Such regulations may modify any provision of the planning Acts or any instrument made under any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.

    3 Urban development areas

    (1) Where an order is made under subsection (6) of section 149 of the [1980 c. 65.] Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the planning authority for such area as may be so specified in place of any authority who would otherwise be the planning authority for that area in relation to such kinds of development as may be so specified.

    (2) Where an order under subsection (8)(a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.



    Part II Development Plans

    Surveys

    4 Survey of planning districts

    (1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development.

    (2) A planning authority may, if they think fit, institute a survey, examining the matters referred to in subsection (1), of the whole or any part of their district, and references in subsection (3) to the district of a planning authority shall be construed as including any part of that district which is the subject of a survey under this subsection.

    (3) Without prejudice to the generality of subsections (1) and (2), the matters to be kept under review and examined under those subsections shall include--

    (a) the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

    (b) the size, composition and distribution of the population of that district (whether resident or otherwise);

    (c) without prejudice to paragraph (a), the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

    (d) any considerations not mentioned in paragraphs (a), (b) or (c) which may be expected to affect any matters so mentioned;

    (e) such other matters as may be prescribed;

    (f) any changes already projected in any of the matters mentioned in any of the previous paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

    (4) A planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the district of another planning authority, consult that other authority about those matters.

    5 Designation of structure plan areas

    (1) The Secretary of State may by order designate areas ("structure plan areas") in respect of which planning authorities are to prepare structure plans.

    (2) The district of every planning authority in Scotland shall be included in a structure plan area.

    (3) A structure plan area may extend to the district of more than one planning authority, and may extend to only part of the district of a planning authority.

    (4) Where a structure plan area extends to the district of more than one planning authority, the planning authorities concerned shall jointly carry out the functions conferred upon them under sections 4 and 6 to 9 in accordance with such arrangements as they may agree for that purpose under sections 56 (discharge of functions by local authorities), 57 (appointment of committees) and 58 (expenses of joint committees) of the [1973 c. 65.] Local Government (Scotland) Act 1973.



    Structure plans

    6 Structure plans: continuity of old and preparation of new plans

    (1) Each structure plan approved by the Secretary of State under the 1972 Act with respect to the district of a planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).

    (2) Where, as a result of the making of an order under section 5, the area in respect of which a planning authority are obliged (whether acting alone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of section 7(1), together with a copy of the report of any survey which they have carried out under section 4(2).

    (3) The Secretary of State may direct a planning authority to carry out their duty under subsection (2) within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it.

    (4) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State's powers under section 22 of this Act and section 62B (power of Secretary of State to establish joint boards) of the [1973 c. 65.] Local Government (Scotland) Act 1973, each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters.

    (5) Where authorities submit alternative proposals under subsection (4), such proposals shall be accompanied by a statement of the reasoning behind the proposals.

    (6) The planning authority shall send with the structure plan submitted by them under this section a report of the results of their review of the relevant matters under section 4 together with any other information on which the proposals are based.

    (7) A copy report submitted under subsection (2) shall include an estimate of any changes likely to occur, during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3).

    (8) Before submitting a structure plan under this section, the planning authority shall consult any other planning authority who are likely to be affected by the plan.

    7 Form and content of structure plans

    (1) The structure plan for any district shall be a written statement--

    (a) formulating the planning authority's policy and general proposals in respect of the development and other use of land in that district (including measures for the conservation of the natural beauty and amenity of the land, the improvement of the physical environment and the management of traffic),

    (b) stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district, and

    (c) containing such other matters as may be prescribed.

    (2) In formulating their policy and general proposals under subsection (1)(a), the planning authority shall secure that the policy and proposals are justified by the results of the survey under section 4(1) of the 1972 Act, any fresh survey under section 4(2) of that Act or any survey instituted by them under section 4 of this Act and by any other information which they may obtain and shall have regard--

    (a) to current policies with respect to the economic planning and development of the region as a whole, and

    (b) to the resources likely to be available for the carrying out of the proposals of the structure plan.

    (3) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed, and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

    8 Publicity in connection with structure plans

    (1) When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the planning authority shall take such steps as will in their opinion secure--

    (a) that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan,

    (b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so, and

    (c) that such persons are given an adequate opportunity of making such representations.

    (2) The authority shall consider any representations made to them within the prescribed period.

    (3) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 6(4), their duty under subsection (1) is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan.

    (4) Not later than the submission of a structure plan to the Secretary of State, the planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed.

    (5) Each copy of the plan shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

    (6) A structure plan submitted by the planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed--

    (a) of the steps which the authority have taken to comply with subsection (1), and

    (b) of the authority's consultations with, and consideration of the views of, other persons with respect to those matters.

    (7) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the plan.

    (8) If the Secretary of State is not satisfied as mentioned in subsection (7), he shall return the plan to the authority and direct them--

    (a) to take such further action as he may specify in order better to achieve those purposes, and

    (b) after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

    (9) Where the Secretary of State returns the plan to the planning authority under subsection (8), he shall--

    (a) inform the authority of his reasons for doing so, and

    (b) if any person has made an objection to the plan to him, also inform that person that he has returned the plan.

    (10) A planning authority who are given directions by the Secretary of State under subsection (8) shall immediately withdraw the copies of the plans made available for inspection as required by subsection (4).

    (11) Subsections (4) to (10) shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (8) as they apply in relation to the plan as originally submitted.

    9 Alteration and replacement of structure plans

    (1) A planning authority--

    (a) may at any time submit to the Secretary of State proposals for such alterations to or repeal and replacement of the structure plan for their district as appear to them to be expedient, and

    (b) shall, if so directed by the Secretary of State, submit to him within a period specified in the direction proposals for such alterations to or repeal and replacement of the plan as the Secretary of State may direct.

    (2) Such proposals may relate to the whole or to part of the district to which the plan relates.

    (3) The planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 4 together with any other information on which the proposals are based, and subsections (4) and (5) of section 8 shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

    (4) Before a planning authority submit proposals under this section they shall--

    (a) consult every other planning authority who are likely to be affected by the proposals,

    (b) give such publicity (if any) to, and undertake such other consultation (if any) about, the proposals as they think fit, and

    (c) consider any representations timeously made to them about the proposals.

    (5) The planning authority shall send with any proposals submitted by them under this section a statement of the steps they have taken to comply with subsection (4) and, if they have not publicised or have not consulted under that subsection, the statement shall explain the absence of such publicity or as the case may be consultation.

    (6) If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (4), or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (5), he may return the proposals to the authority, and may direct them--

    (a) to take such steps or further steps as he may specify, and

    (b) after they have done so, to resubmit the proposals with such modification, if any, as they consider appropriate.

    (7) Where, under subsection (6), the Secretary of State returns proposals, he shall--

    (a) inform the authority of his reasons for doing so, and

    (b) if any person has made to him an objection to the proposals, inform that person that he has returned the proposals.

    (8) A planning authority who are given directions under subsection (6) shall immediately withdraw the copies which have, under section 8(4) (as applied by subsection (3)) been made available for inspection.

    (9) Section 8(4) and (5) and subsections (4) to (8) of this section shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (6), as they apply in relation to proposals submitted under subsection (1).

    10 Approval or rejection of structure plans and proposals for alteration or replacement

    (1) The Secretary of State may, after considering a relevant proposal, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

    (2) In this section, "relevant proposal" means--

    (a) a structure plan (including any alternative proposals included in the plan by virtue of section 6(4)), or

    (b) a proposal for the alteration or repeal and replacement of a structure plan,

    submitted (or resubmitted) to the Secretary of State.

    (3) In considering a relevant proposal the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the proposal as submitted to him.

    (4) Where on considering a relevant proposal the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it--

    (a) consider any objections to the proposal, so far as they are made in accordance with regulations, and

    (b) if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the proposal, cause a person or persons, appointed by him for the purpose, to hold such an examination.

    (5) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (4).

    (6) The Secretary of State need not secure to any planning authority or other person a right to be heard at any such examination and, subject to subsection (7), only such bodies and persons as he may before or during the course of the examination invite to do so may take part in it.

    (7) The person or persons holding the examination may before or during the course of the examination invite additional bodies or persons to take part in it if it appears to him or them desirable to do so.

    (8) An examination under subsection (4)(b) shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the [1992 c. 53.] Tribunals and Inquiries Act 1992, but shall not constitute such an inquiry for any other purpose of that Act.

    (9) On considering a relevant proposal the Secretary of State may consult, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

    (10) On exercising his powers under subsection (1) in relation to a relevant proposal, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.



    Local plans

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    11 Preparation of local plans

    (1) Every planning authority shall prepare local plans for all parts of their district, and two or more planning authorities may prepare a joint local plan extending to parts of each of their districts.

    (2) It shall be the duty of the planning authority--

    (a) for the purpose of preparing a local plan, to institute a survey of their district or any part of it, in so far as not already done, taking into account the matters which the authority think necessary for the formulation of their proposals, and

    (b) to keep those matters under review during and after the preparation of the local plan.

    (3) A local plan shall consist of--

    (a) a written statement formulating in such detail as the planning authority think appropriate the authority's proposals for the development and other use of land in that part of their district or for any description of development or other use of such land including in either case such measures as the planning authority think fit for the conservation of the natural beauty and amenity of the land, the improvement of the physical environment and the management of traffic,

    (b) a map showing those proposals, and

    (c) such diagrams, illustrations and descriptive matter as the planning authority think appropriate to explain or illustrate those proposals, or as may be prescribed,

    and shall contain such matters as may be prescribed.

    (4) Different local plans may be prepared for different purposes for the same part of any district.

    (5) In formulating their proposals in a local plan the planning authority--

    (a) shall have regard to any information and any other considerations which appear to them to be relevant or which may be prescribed, and

    (b) shall secure that the local plan conforms generally to the structure plan, as it stands for the time being, whether or not it has been approved by the Secretary of State.

    (6) Where an area is indicated as an action area in a structure plan which has been approved by the Secretary of State, the planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

    12 Publicity and consultation

    (1) Subject to subsection (6), a planning authority who propose to prepare, alter, repeal or replace a local plan shall take such steps as will in their opinion secure--

    (a) that adequate publicity is given in their district to any relevant matter arising out of a survey of the district or part of the district carried out under section 4 or 11 and to the proposals,

    (b) that persons who may be expected to wish to make representations to the authority about the proposals are made aware that they are entitled to do so, and

    (c) that such persons are given an adequate opportunity of making such representations.

    (2) The planning authority shall consider any representations made to them within the prescribed period.

    (3) Having prepared the local plan or, as the case may be, the proposals for alteration, repeal or replacement, the planning authority shall before adopting the plan or proposals or submitting it or them for approval under section 18--

    (a) make copies available for inspection at their office and at such other places as appear to them to be appropriate, and

    (b) send a copy to the Secretary of State.

    (4) Each copy made available for inspection under subsection (3) shall be accompanied by a statement of the time within which objections may be made to the authority.

    (5) The copy of the plan or proposals sent to the Secretary of State, or made available for inspection, under subsection (3) shall be accompanied by a statement containing such particulars, if any, as may be prescribed--

    (a) of the steps which the authority have taken to comply with subsection (1), and

    (b) of the authority's consultations with, and their consideration of the views of, other persons.

    (6) If the planning authority propose to alter a local plan and do not consider it appropriate to take the steps referred to in subsection (1), they may instead include, with the copies of those proposals made available for inspection under subsection (3) and with the copy sent to the Secretary of State, a statement of their reasons for not doing so.

    13 Alteration of local plans

    (1) A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of that plan.

    (2) In complying with subsection (1) the planning authority--

    (a) shall have regard to any information and any other considerations which appear to them to be relevant or which may be prescribed, and

    (b) shall secure that any proposals conform generally to the structure plan as is stands for the time being, whether or not it has been approved by the Secretary of State.

    (3) Any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan.

    (4) Where a local plan has been approved by the Secretary of State the planning authority shall not make such proposals in relation to that plan without his consent.

    14 Power of Secretary of State to direct making of local plan etc

    (1) Subject to the provisions of this section the Secretary of State may direct a planning authority to prepare--

    (a) a local plan for their district or part of it;

    (b) proposals for the alteration, repeal or replacement of a local plan adopted by them or approved by him.

    (2) The Secretary of State may so direct only before he approves the structure plan for the district in question.

    (3) A direction under subsection (1) shall specify the nature of the plan or, as the case may be, the proposals required.

    (4) Before giving such a direction, the Secretary of State shall consult the planning authority about it.

    (5) The planning authority shall comply with the direction as soon as practicable and shall take steps for the adoption of the local plan or, as the case may be, the alteration, repeal or replacement of it.

    15 Objections: local inquiry or other hearing

    (1) The planning authority may cause a local inquiry or other hearing to be held for the purpose of considering objections to a local plan or to proposals for the alteration, repeal or replacement of a local plan prepared by them.

    (2) If an objector so requires, the planning authority shall cause such a local inquiry or other hearing to be held in the case of objections made in accordance with regulations.

    Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21

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