Prospective

Regulation 8

SCHEDULE 2SPROCEDURE FOR DEFINING AREAS OF SPECIAL CONTROL

1.  Where a planning authority propose to define an area of special control they shall make an order defining an area by reference to a map annexed thereto, either with or without descriptive matter (which, in the case of any discrepancy with the map, shall prevail except in so far as may be otherwise provided by the order), and shall submit to the Secretary of State 2 certified copies of the order, map and descriptive matter (if any), and a statement of their reasons for proposing to make the order.S

2.  The authority shall forthwith publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice related to the submission for approval of the order in the form prescribed (Schedule 3, Form 1) or in a form substantially to the like effect.S

3.  If any objection is duly made and not withdrawn the Secretary of State shall, before approving the order, afford to the person making such objection an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and if any such person avails himself of the opportunity of being heard the Secretary of State shall also afford the like opportunity to the planning authority and to such other persons as he thinks fit.S

4.  After considering any representation or objection duly made and not withdrawn and the report of the person by whom any inquiry or hearing was held, the Secretary of State may approve the order with or without modifications:S

Provided that if the Secretary of State proposes to approve the order subject to a modification involving the inclusion therein of any area of land not included in the order as submitted he shall publish prior notice of his intention so to do and shall afford opportunity for the making of objections or representations with respect to the proposed modification, and for such further hearing as may appear to him to be necessary or expedient.

5.  As soon as may be after the order has been approved, the planning authority shall publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice relating to the approval of the order in the form prescribed (Schedule 3, Form 2) or in a form substantially to the like effect and any such order shall come into force on the date on which notice of the approval thereof is published in the Edinburgh Gazette.S

6.  These provisions apply, with necessary modifications, to the making of an order revoking or modifying an existing area defining an area of special control.S