Town and Country Planning (Scotland) Act 1969
Town and Country Planning(Scotland) Act 1969
1969 CHAPTER 30
An Act to amend the law of Scotland relating to town and country planning, the compulsory acquisition of land and the disposal of land by public authorities; to make provision for Planning Inquiry Commissions; to make provision for grants for research relating to, and education with respect to, the planning and design of the physical environment; to extend the purposes for which Exchequer contributions may be made under the Housing and Town Development (Scotland) Act 1957; and for connected purposes.
[25th June 1969]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
New Provisions as to Development Plans
Survey and structure plan
1 Survey of planning districts.
(1) It shall be the duty of the local planning authority to institute a survey of their district, in so far as they have not already done so, examining the matters which may be expected to affect the development of that district or the planning of its development and to keep all such matters under review.
(2) Notwithstanding that the local planning authority have carried out their duty under subsection (1) above, the authority may, if they think fit, and shall, if directed to do so by the Secretary of State, institute a fresh survey of their district examining the matters mentioned in that subsection.
(3) Without prejudice to the generality of the foregoing provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—
(a ) the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;
(b ) the size, composition and distribution of the population of that district (whether resident or otherwise);
(c ) without prejudice to paragraph (a ) above, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;
(d ) any considerations not mentioned in any of the foregoing paragraphs which may be expected to affect any matters so mentioned;
(e ) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;
(f ) any changes already projected in any of the matters mentioned in any of the foregoing paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.
(4) A local planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.
(5) Subsection (1) above shall, as respects any period during which this section is in operation in part only of the district of a local planning authority, be construed as requiring a local planning authority to institute a survey of that part of that district and to keep under review matters affecting only that part of that district; and subsection (2) above shall, whether or not this section is in operation in the whole of such a district, have effect as if the power thereby conferred included power for a local planning authority to institute, and for the Secretary of State to direct them to institute, a fresh survey of part only of their district; and references in subsection (3) above to the district of a local planning authority or any neighbouring districts shall be construed accordingly.
2 Preparation of structure plans.
(1) The local planning authority shall, within such period from the commencement of this section within their district as the Secretary of State may direct, prepare and send the Secretary of State a report of their survey under section 1 above and at the same time prepare and submit to him for his approval a structure plan for their district complying with the provisions of subsection (3) below.
(2) The said report shall include an estimate of any changes likely to occur during such period as the Secretary of State may direct in the matters mentioned in section 1(3) above; and different periods may be specified by any such direction in relation to different matters.
(3) The structure plan for any district shall be a written statement—
(a ) formulating the local planning authority's policy and general proposals in respect of the development and other use of land in that district (including measures for the improvement of the physical environment and the management of traffic);
(b ) stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and
(c ) containing such other matters as may be prescribed or as the Secretary of State may in any particular case direct.
(4) In formulating their policy and general proposals under subsection (3)(a ) above the local planning authority shall secure that the policy and proposals are justified by the results of their survey under section 1 above and by any other information which they may obtain, and shall have regard—
(a ) to current policies with respect to the economic planning and development of the region as a whole;
(b ) to the resources likely to be available for the carrying out of the proposals of the structure plan; and
(c ) to such other matters as the Secretary of State may direct them to take into account.
(5) A local planning authority's general proposals under this section with respect to land in their district shall indicate any area of that district (in this Act referred to as an ‘action area’) which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.
(6) A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the local planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan or as may be prescribed or as may in any particular case be specified in directions given by the Secretary of State; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.
(7) At any time before the Secretary of State has, under section 4 below, approved a structure plan with respect to the whole of the district of a local planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that district; and where the Secretary of State has given a consent or direction for the preparation of a structure plan for part of such a district, references in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.
3 Publicity in connection with preparation of structure plan.
(1) When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the local 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 1 above 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;
and the authority shall consider any representations made to them within the prescribed period.
(2) Not later than the submission of a structure plan to the Secretary of State, the local 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; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.
(3) A structure plan submitted by the local 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) above; and
(b ) of the authority's consultations with, and consideration of the views of, other persons with respect to those matters.
(4) If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the local planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a ) to (c ) of subsection (1) above 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 structure plan; and if he is not so satisfied he shall return the plan to the...
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