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SCHEDULES

SCHEDULE 11Simplified Planning Zones - Scotland

Part IIMinor and Consequential Amendments

3Schedule 6A to the 1972 Act is amended as follows.

4At the end of paragraph 4(1) there is added “and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme.”

5In paragraph 7(4) for “to hold a local inquiry or other hearing” there is substituted “for the purposes of this paragraph”.

6For paragraph 8(1) there is substituted—

(1)After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule).

7In paragraph 9(2)(a) after “hearing” there is inserted “or any consideration of objections”.

8For paragraph 11(1) there is substituted—

11(1)Where—

(a)a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and

(b)the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme,

he may himself make a scheme or, as the case may be, the alterations.

9In paragraph 12(2)—

(a)after paragraph (b) there is inserted—

(bb)make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations; and

(b)in paragraph (e) the words from “for the purpose” to “5(3)” are omitted.