Town and Country Planning (Scotland) Act 1977
| Jurisdiction | UK Non-devolved |
| Citation | 1977 c. 10 |
| Year | 1977 |
- “(4A) It shall be the duty of the planning authority—
- (a) for the purpose of preparing a local plan, to institute a survey of their district or any part thereof, in so far as they have not already done so, taking into account the matters which the authority think necessary for the formulation of their proposals, and
- (b) to keep those matters under review during and after the preparation of the local plan.
- “(2) Where for any area the Secretary of State has approved a structure plan under section 7 of this Act the planning authority shall not adopt a local plan unless it conforms generally to that structure plan.
- “(1A) Where subsection (5) of section 32 of the Act of 1972 applies to an exercise of power by the regional planning authority under that section, the person appointed by the regional planning authority shall be a person approved by the Secretary of State.
- “(3) Subject to the provisions of subsection (4) below, where a regional planning authority have exercised the powers conferred upon them by this section, and the permission or approval for which the application has been made is refused by that authority, or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may appeal to the Secretary of State and sections 33 and 34 of the Act of 1972 shall apply to such appeals as they apply to appeals under section 33(1) of that Act, and in those sections references to a planning authority shall include a regional planning authority for this purpose.
- (4) Where an applicant appeals to the Secretary of State under subsection (3) above, and it appears to the Secretary of State that the regional planning authority before determining the application have afforded to the applicant and the district planning authority an opportunity of appearing and being heard under section 32(5) of the Act of 1972 as applied by section 179(1) of this Act, section 33(4) of the Act of 1972 shall not apply to that appeal.
- (5) In the application of section 34 of the Act of 1972 to a regional planning authority under subsection (3) above there shall be substituted for the period prescribed by the development order a period of three months from the date when the application is referred to them or such other period as a subsequent development order may prescribe.
- “(1) Subject to the provisions of subsection (2) of this section, where a planning authority have served an enforcement notice, they may at any time before it takes effect serve a further notice (to be referred to as a “stop notice”) referring to the enforcement notice, a copy of which shall be enclosed therewith, for the purpose of prohibiting the carrying out or continuing of any activity or part of any activity which either is alleged in the enforcement notice to constitute or involve a breach of planning control or is so closely associated therewith as to constitute substantially the same activity.
- (2) A stop notice—
- (a) shall not prevent any person from taking any steps necessary to comply or secure compliance with an enforcement notice;
- (b) shall not prohibit any person from continuing to use any building or other land, or any caravan situated upon the land to which the relevant enforcement notice relates, as his permanent residence, whether as owner, occupier, tenant, patient, guest or otherwise.
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