Town and Country Planning (Scotland) Act 1997

8 Publicity in connection with structure plans. S

(1) When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the planning authority shall take such steps as will in their opinion secure—

(a) that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan,

(b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so, and

(c) that such persons are given an adequate opportunity of making such representations.

(2) The authority shall consider any representations made to them within the prescribed period.

(3) Where authorities submit alternative proposals in relation to particular matters to the Secretary of State under section 6(4), their duty under subsection (1) is to secure that adequate publicity is given in each of their districts to all the matters which either or any of them propose to include in the plan.

(4) Not later than the submission of a structure plan to the Secretary of State, the planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed.

(5) Each copy of the plan shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

(6) A structure plan submitted by the planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a) of the steps which the authority have taken to comply with subsection (1), and

(b) of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(7) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the plan.

(8) If the Secretary of State is not satisfied as mentioned in subsection (7), he shall return the plan to the authority and direct them—

(a) to take such further action as he may specify in order better to achieve those purposes, and

(b) after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(9) Where the Secretary of State returns the plan to the planning authority under subsection (8), he shall—

(a) inform the authority of his reasons for doing so, and

(b) if any person has made an objection to the plan to him, also inform that person that he has returned the plan.

(10) A planning authority who are given directions by the Secretary of State under subsection (8) shall immediately withdraw the copies of the plans made available for inspection as required by subsection (4).

(11) Subsections (4) to (10) shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (8) as they apply in relation to the plan as originally submitted.