Town and Country Planning (Scotland) Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 8 |
Town and Country Planning (Scotland) Act 1997
1997 Chapter 8
An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.
[27th February 1997]
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
Administration
1 Planning authorities.
(1) The planning authority for the purposes of this Act shall be the local authority and the district of the planning authority shall be the area of the local authority.
(2) In any enactment or instrument made under or by virtue of an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires, be construed as a reference to a local authority.
2 Enterprise zones.
(1) An order under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone) may provide that the enterprise zone authority shall be the planning authority for the zone for such purposes of the planning Acts and in relation to such kinds of development as may be specified in the order.
(2) Without prejudice to the generality of paragraph 15(1) of that Schedule (modification of orders by the Secretary of State), an order under th at paragraph may provide that the enterprise zone authority shall be the planning authority for the zone for different purposes of the planning Acts or in relation to different kinds of development.
(3) Where such provision as is mentioned in subsection (1) or (2) is made by an order designating an enterprise zone or, as the case may be, an order modifying such an order, while the zone subsists the enterprise zone authority shall be, to the extent mentioned in the order (as it has effect su bject to any such modifications) and to the extent that it is not already, the planning authority for the zone in place of any authority who would otherwise be the planning authority for the zone.
(4) The Secretary of State may by regulations make transitional and supplementary provision in relation to a provision of an order under paragraph 5 of that Schedule made by virtue of subsection (1).
(5) Such regulations may modify any provision of the planning Acts or any instrument made unde r any of them or may apply any such enactment or instrument (with or without modification) in making such transitional or supplementary provision.
3 Urban development areas.
(1) Where an order is made under subsection (6) of section 149 of the Local Government, Planning and Land Act 1980 (urban development corporation as planning authority), the urban development corporation specified in the order shall be the planning authority for such area as may be so specified in place of any authority who would otherwise be the planning authority for that area in relation to such kinds of development as may be so specified.
(2) Where an order under subsection (8) (a) of that section confers any functions on an urban development corporation in relation to any area the corporation shall have those functions in place of any authority (except the Secretary of State) who would otherwise have them in that area.
Part II
Development Plans
Surveys
4 Survey of planning districts.
(1) It shall be the duty of the planning authority to keep under review the matters which may be expected to affect the development of their district or the planning of its development.
(2) A planning authority may, if they think fit, institute a survey, examining the matters referred to in subsection (1), of the whole or any part of their district, and references in subsection (3) to the district of a planning authority shall be construed as including any part of that district whi ch is the subject of a survey under this subsection.
(3) Without prejudice to the generality of subsections (1) and (2), the matters to be kept under review and examined under those subsections shall include—
(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), 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 paragraphs (a), (b) or (c) which may be expected to affect any matters so mentioned
(e) such other matters as may be prescribed
(f) any changes already projected in any of the matters mentioned in any of the previous 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 planning authority shall, for the purpose of discharging their functions under this section of keeping under review and examining any matters relating to the district of another planning authority, consult that other authority about those matters.
5 Designation of structure plan areas.
(1) The Secretary of State may by order designate areas (‘structure plan areas’) in respect of which planning authorities are to prepare structure plans.
(2) The district of every planning authority in Scotland shall be included in a structure plan area.
(3) A structure plan area may extend to the district of more than one planning authority, and may extend to only part of the district of a planning authority.
(4) Where a structure plan area extends to the district of more than one planning authority, the planning authorities concerned shall jointly carry out the functions conferred upon them under sections 4 and 6 to 9 in accordance with such arrangements as they may agree for that purpose under sections 56 (discharge of functions by local authorities), 57 (appointment of committees) and 58 (expenses of joint committees) of the Local Government (Scotland) Act 1973 .
Structure plans
6 Structure plans: continuity of old and preparation of new plans.
(1) Each structure plan approved by the Secretary of State under the 1972 Act with respect to the district of a planning authority which is in operation immediately before the commencement of this Act shall continue in force after its commencement (subject to any alterations then in operation and to the following provisions of this Part).
(2) Where, as a result of the making of an order under section 5, the area in respect of which a planning authority are obliged (whether acting a lone or jointly with another authority or authorities) to prepare a structure plan is different from the area in respect of which a structure plan is for the time being in force, they shall prepare and submit to the Secretary of State for his approval a structure plan for their district complying with the provisions of section 7(1), together with a copy of the report of any survey which they have carried out under section 4(2).
(3) The Secretary of State may direct a planning authority to carry out their duty under subsection (2) within a specified period from the direction, and any planning authority to whom such a direction is made shall comply with it.
(4) Where a structure plan area extends to the district of more than one planning authority, and the authorities concerned are unable to agree on a joint structure plan for that area, then, without prejudice to the Secretary of State's powers under section 22 of this Act and section 62B (power of Secretary of State to establish joint boards) of the Local Government (Scotland) Act 1973 , each authority concerned may include in the plan submitted to the Secretary of State alternative proposals in respect of particular matters.
(5) Where authorities submit alternative proposals under subsection (4), such proposals shall be accompanied by a statement of the reasoning behind the proposals.
(6) The planning authority shall send with the structure plan submitted by them under this section a report of the results of their review of the relevant matters under section 4 together with any other information on which the proposals are based.
(7) A copy report submitted under subsection (2) shall include an estimate of any changes likely to occur, during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3).
(8) Before submitting a structure plan under this section, the planning authority s hall consult any other planning authority who are likely to be affected by the plan.
7 Form and content of structure plans.
(1) The structure plan for any district shall be a written statement—
(a) formulating the planning authority's policy and general proposals in respect of the development and other use of land in that district (including measures for the conservation of the natural beauty and amenity of the land, 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...
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