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Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

4(1)Where, by virtue of any of the foregoing provisions of this Schedule or of any directions of the Secretary of State thereunder, any development plan, report or proposals for alterations or additions to a development plan are required to be submitted to the Secretary of State, then—

(a)if within the period allowed in that behalf under those provisions or directions no such plan, report or proposals, or no such plan or proposals satisfactory to the Secretary of State, have been so submitted ; or

(b)if at any time it appears to the Secretary of State that the local planning authority are not taking the steps necessary to enable them to submit such a plan, report or proposals within that period,

the Secretary of State may, after carrying out any survey which appears to him to be expedient for the purpose, make such development plan, or, as the case may be, amend the development plan to such extent, as he considers expedient.

(2)Where, under sub-paragraph (1) of this paragraph, the Secretary of State has power to make or amend a development plan, he may if he thinks fit, authorise the local planning authority for any neighbouring district, or any other local planning authority which appears to the Secretary of State to have an interest in the proper planning of the district concerned, to submit such a plan to him for his approval, or. as the case may be, to submit to him proposals for the amendment of the plan, and to carry out any survey of the land which appears to him to be expedient for the purpose.

(3)The Secretary of State may approve any plan submitted to him under sub-paragraph (2) of this paragraph, either without modification or subject to such modifications as he considers expedient, or, as the case may be, may amend any development plan, with respect to which proposals for amendment have been submitted to him under that sub-paragraph to such extent as he considers expedient having regard to those proposals and to any other material considerations.

(4)The foregoing provisions of this Schedule shall, so far as applicable, apply to the making, approval or amendment of development plans under this paragraph, and to plans so made, approved or amended, as they apply to the approval or amendment of development plans under those provisions, and to plans approved or amended thereunder.

(5)Where the Secretary of State incurs expenses under this paragraph in connection with the making or amendment of a plan with respect to the district, or any part of the district, of a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(6)Where, under this paragraph, a plan, or proposals for the amendment of a plan, are authorised to be submitted to the Secretary of State by the local planning authority for any district other than the district in which the land is situated, any expenses reasonably incurred in that behalf by that authority, as certified by the Secretary of State, shall be repaid to that authority by the local planning authority for the district in which the land is situated.

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