Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Approval of the proposals by Secretary of State S

10 (1) The Secretary of State may after considering proposals submitted to him under paragraph 9 either approve them, in whole or in part and with or without modifications, or reject them.

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

[F2 (3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—

(a) have already been considered by the planning authority or by a person appointed by the Secretary of State, or

(b) have already been considered at a local inquiry or other hearing.

(4) The Secretary of State may—

(a) for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b) require such objections and views to be considered by a person appointed by him.

(5) In considering the proposals the Secretary of State may consult with, 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 or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph.]

Textual Amendments

F2 Sch. 6A para. 10(3)(4)(5) substituted (30.8.1995) for Sch. 6A para. 10(3)(4) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 59, Sch. 11 Pt. I para. 2(2) (with s. 84(5)); S.I. 1995/2045, art. 3 (with transitional provision in art. 4)