Local Government and Planning (Scotland) Act 1982

37Proposals for alterations to structure plans

In section 8 of the [1972 c. 52.] 1972 Act (which relates to the submission of proposals for alterations to structure plans)—

(a)in subsection (1)—

(i)after the words " that plan" there shall be inserted the words " (which may include proposals for repeal and replacement) "; and

(ii)at the end there shall be added the words " and may provide for the repeal of two or more structure plans and their replacement with one structure plan. ";

(b)in subsection (2), after the words " sections 6 " there shall be inserted the word " (2) "; and

(c)after subsection (2) there shall be added the following subsections—

“(3)Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4)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 (3) above 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.

(5)If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, 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.

(6)Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7)A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8)The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.”.