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Town and Country Planning (Scotland) Act 1997

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This is the original version (as it was originally enacted).

15Objections: local inquiry or other hearing

(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 [1992 c. 53.] Tribunals 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.

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