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Town and Country Planning (Scotland) Act 1997

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17 Adoption of proposals.S

(1)After the expiry of the period for making objections to a local plan or, as the case may be, proposals for the alteration, repeal or replacement of a local plan or, if such objections were duly made within that period, after considering the objections so made, the planning authority may, subject to this section and to section 18, by resolution adopt the plan or the proposals.

(2)The planning authority may adopt the plan or the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in subsection (1) whether or not they have been the subject of a local inquiry or other hearing,

(b)any matters arising out of such objections, or

(c)any minor drafting or technical matters.

(3)Where the Secretary of State has, under section 10, approved a structure plan for any area the planning authority shall not adopt any plan or proposals which do not conform to that structure plan.

(4)After copies of the plan or proposals have been sent to the Secretary of State and before the plan or proposals have been adopted by the planning authority, the Secretary of State may, if it appears to him that the plan or proposals are unsatisfactory, and without prejudice to his power to make a direction under section 18(1), direct the authority to consider modifying the plan or proposals in such respects as are indicated in the direction.

(5)A planning authority to whom such a direction is given shall not adopt the plan or proposals unless they satisfy the Secretary of State that they have made the modifications necessary to conform with the direction or the direction is withdrawn.

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