Town and Country Planning (Scotland) Act 1997

Local plansS

11 Preparation of local plans.S

(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.S

(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.S

(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.S

(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.S

(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.

(3)A local inquiry or other hearing under this section shall be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, by the authority themselves.

(4)Regulations may—

(a)make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing;

(b)include provision enabling the Secretary of State to direct a planning authority to appoint a particular person, or one of a specified list or class of persons;

(c)make provision with respect to the allowances of the person appointed.

(5)Subsections (4) to (8) of section 265 apply to an inquiry held under this section.

(6)The M1Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

16 Costs of local inquiry or other hearing.S

(1)The planning authority shall—

(a)where a person appointed under or by virtue of section 15 to hold a local inquiry or other hearing is in the public service of the Crown, pay the Secretary of State, and

(b)in any other case, pay the person so appointed,

a sum, determined in accordance with regulations under subsection (2), in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it takes place).

(2)Regulations may make provision with respect to the determination of the sum referred to in subsection (1) and may in particular prescribe, in relation to any class of person appointed under or by virtue of section 15, a standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing.

(3)Without prejudice to the generality of subsection (2), the Secretary of State may, in prescribing by virtue of that subsection a standard daily amount for any class of person—

(a)where the persons of that class are in the public service of the Crown, have regard to the general staff costs and overheads of his department, and

(b)in any other case, have regard to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings.

17 Adoption of proposals.S

(1)After the expiry of the period for making objections to a local plan or, as the case may be, proposals for the alteration, repeal or replacement of a local plan or, if such objections were duly made within that period, after considering the objections so made, the planning authority may, subject to this section and to section 18, by resolution adopt the plan or the proposals.

(2)The planning authority may adopt the plan or the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in subsection (1) whether or not they have been the subject of a local inquiry or other hearing,

(b)any matters arising out of such objections, or

(c)any minor drafting or technical matters.

(3)Where the Secretary of State has, under section 10, approved a structure plan for any area the planning authority shall not adopt any plan or proposals which do not conform to that structure plan.

(4)After copies of the plan or proposals have been sent to the Secretary of State and before the plan or proposals have been adopted by the planning authority, the Secretary of State may, if it appears to him that the plan or proposals are unsatisfactory, and without prejudice to his power to make a direction under section 18(1), direct the authority to consider modifying the plan or proposals in such respects as are indicated in the direction.

(5)A planning authority to whom such a direction is given shall not adopt the plan or proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

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

(1)After a copy of a local plan or of proposals for the alteration, repeal or replacement of a local plan has been sent to the Secretary of State and before the plan or proposals have been adopted by the planning authority, the Secretary of State may direct that the plan or proposals shall be submitted to him for his approval.

(2)If the Secretary of State gives a direction under subsection (1)—

(a)the authority shall submit the plan or proposals to him,

(b)the authority shall not hold a local inquiry or other hearing in respect of the plan or proposals under section 15, and

(c)the plan or proposals shall not have effect unless approved by the Secretary of State.

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

(1)The Secretary of State may, after considering a plan or proposals submitted to him under section 18, either approve (in whole or in part and with or without modifications or reservations) or reject the plan or proposals.

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

(3)Where on considering the plan or proposals the Secretary of State does not determine then to reject it or them, he shall before determining whether or not to approve it or them—

(a)consider any objections to the plan or proposals so far as made in accordance with regulations,

(b)give any person who made such an objection and has not withdrawn it an opportunity of appearing before and being heard by a person appointed by him for the purpose, and

(c)if a local inquiry or other hearing is held, also give such an opportunity to the planning authority and such other persons as he thinks fit,

but if a local inquiry or other hearing into the objections has already been held by the authority he need not cause any other inquiry or hearing to be held.

(4)In considering the plan or proposals the Secretary of State may consult or consider the views of any planning authority or any other person; but he need not do so, or give an opportunity for the making of representations or objections, or cause a local inquiry or other hearing to be held, unless required to do so by subsection (3).