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Town and Country Planning (Scotland) Act 1972

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This is the original version (as it was originally enacted).

12Adoption and approval of local plans

(1)After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the local planning authority may, subject to section 10 of this Act and subsections (2) and (3) of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account of any such objections or of any matters arising out of such objections.

(2)The local planning authority shall not adopt a local plan unless it conforms generally to the structure plan as approved by the Secretary of State.

(3)After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the local planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

(4)Where the Secretary of State gives a direction under subsection (3) of this section, the local planning authority shall submit the plan accordingly to him for his approval, and—

(a)section 7 of this Act shall, subject to paragraph (b) of this subsection, apply in relation to the plan as it applies in relation to a structure plan;

(b)before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority; and

(c)after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.

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