Circular 32/1983 ANNEX A
TOWN AND COUNTRY PLANNING (STRUCTURE AND LOCAL PLANS) (SCOTLAND) REGULATIONS 1983
1. The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983 revoke and replace the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1976 (SI 1995).
2. Part I of this note identifies the main changes which have been made and Part II provides a commentary on the new regulations.
I: CHANGES INTRODUCED IN THE 1983 REGULATIONS
Advertisement of Intention to Prepare a Structure or Local Plans
3. Planning authorities are now required to give notice by advertisement of their intention to commence preparation of a structure plan or a structure plan alteration (regulation 11). Similarly planning authorities are required to give notice by local advertisement (see paragraph 13 below) of their intention to prepare a local plan or local plan alteration (regulation 28). Model forms of advertisement are contained in the schedule to the regulations (forms 1 and 5). The authority are required to indicate the name of the plan and the area to which it relates. Authorities may also wish to indicate in the advertisement a timetable for the preparation of the plan, or alteration, and to outline the scope for public involvement in its preparation, although this is not made a statutory requirement. Such information should in any event be available on request from the planning authority.
Structure Plans - Form and Content
4. The new regulations prescribe that in addition to the matters required by section 5 of the 1972 Act to be contained in a structure plan the following matters are to be included (regulation 7):-
i. The existing social, economic and physical structure of the district to which the plan relates and the needs and opportunities for change;
ii. the resources likely to be available for the carrying out of the policies and general proposals formulated in the plan;
iii. the broad criteria to be applied as respects the control of development in the district, or any part of the district, to which the plan relates, including guidance on the application of these criteria, where appropriate, in local plans.
In addition a structure plan may contain any other matters which the planning authority consider relevant.
5. The prescribed period for the life of an action area specified in a structure plan will now be 5 years running from the date on which the relevant structure plan is approved by the Secretary of State rather than as previously from the date on which the plan is submitted to the Secretary of State (regulation 8).
Structure Plan Procedures
Alteration
6. The 1982 Act introduced an optional expedited procedure for the alteration of a structure plan. Under this procedure, which is fully described at paragraph 3 and 4 of Annex B to SDD Circular 29/82, a planning authority can propose an alteration to a structure plan without undertaking the full publicity and consultation appropriate to the structure plan itself if the scale of the proposed alteration does not, in the opinion of the planning authority, merit such wide ranging publicity and consultation. Regulation 21 prescribes the procedure for a planning authority to make an alteration to a structure plan. It provides that the regulations covering the preparation of the structure plan itself shall apply to the making of an alteration. However, where the planning authority have made use of the optional expedited procedure, regulation 13 (Notice of submission of structure plan) is amended in its application to provide that the planning authority will submit to the Secretary of State with the alteration 2 certified copies of a statement describing the publicity and consultation undertaken under section 8(3) of the 1972 Act, or a statement in accordance with section 8(4) of the Act giving their reasons for not undertaking the full requirements for publicity and consultation.
Advertisement of proposed modifications and the Secretary of State's decision
7. Regulation 18 provides that where the Secretary of State proposes to modify a structure plan he shall undertake all advertisement and notification himself. Similarly regulation 19 provides that the Secretary of State shall undertake all advertisement and notification of his decision on a structure plan.
Local Plan Procedures
Inquiries
8 The 1982 Act amended section 11 of the 1972 Act to allow a planning authority discretion as to whether a public local inquiry should be held for the purpose of considering objections to a local plan. These provisions of the 1982 Act are fully described at-paragraphs 5 and 6 of Annex B to SDD Circular 29/82. An inquiry must however be held if an objector requests one. Appendix 1 to this note contains a model form for the making of an objection which informs the objector of this right. Planning authorities are recommended to make such forms available at places where the plans are made available for inspection.
9. Regulation 36 prescribes the procedure to be followed when the planning authority do not propose to hold a local inquiry. The authority must prepare a statement of their decision on each objection to the local plan together with their reasons for that decision and make this statement available for public inspection when they advertise proposed modifications under regulation 37 or, if no modification is proposed, when they advertise their intention to adopt the plan under regulation 38. Regulation 37 provides that a local inquiry is mandatory where an objection is made to a modification proposed in respect of an objection which itself has not previously been the subject of a local inquiry, and where the objector to the modification wishes an inquiry. Appendix 2 to this note contains a model form for the making of an objection to a proposed modification. Note 5 to the form informs the objector of this right and planning authorities are recommended to make such forms available at places where the proposed modifications are made available for inspection.
Alterations
10. The 1982 Act made a similar change to the procedure for the preparation of an alteration to a local plan to that described in paragraph 6 above for an alteration to a structure plan. This provision is fully described in paragraph 8 of Annex B to Circular 29/82. Regulation 41 provides for the expedited alteration of a local plan in a manner similar to the procedure for structure plan alterations. The planning authority must, when they send to the Secretary of State under regulation 30(2) an alteration to a local plan for which they have decided not to undertake full publicity and consultation, also send to the Secretary of State 2 certified copies of a statement of their reasons for not undertaking the full publicity and consultation required under section 10(1) of the 1972 Act.
Modifications
11. The 1982 Act enables a planning authority to modify a local plan to take account of drafting or technical matters of a minor nature which do not materially affect any policy or proposal in the plan. These modifications can be proposed without the necessity of advertisement and regulation 37 provides for this procedure.
Adoption
12. The attention of planning authorities is drawn to regulation 38(2) which requires the planning authority to send to the Secretary of State, and in the case of a district authority preparing a local plan to the regional council for their area, a copy of the plan in the form in which-they propose to adopt it.
Local Advertisement
13. Certain stages of local plan preparation will now be publicised only by notice by local advertisement. For these stages advertisement in the Edinburgh Gazette is no longer necessary and advertisement will instead take the form of advertisement in a newspaper circulating in the locality to which the plan relates in each of 2 successive weeks. Such notice by local advertisement will apply to the advertisement of the intention to start preparation of a local plan (regulation 28); the decision to hold a local inquiry (regulation 34); proposed modifications (regulation 37) and the planning authority's intention to adopt the plan (regulation 38). Advertisement in the Edinburgh Gazette as well as in a newspaper circulating in the locality will continue to be required for notice of preparation of a local plan (regulation 30) and notice of the resolution of the authority to adopt or abandon the plan (regulation 39). Model notices for all advertisements are contained in the schedule to the regulations.
Time Limits
14. The time limits at various stages of the preparation of a structure or local plan have been altered. The new limits are as follows:-
Period for consultation (regulation 3) - minimum period of 4 weeks;
Period for the making of objections (regulations 16, 31; forms 2, 4, 6, 8, 11) -standard period of 6 weeks;
Period for Secretary of State to give notice of Examination in Public of a Structure Plan (regulation 17) - minimum period of 4 weeks.
II: COMMENTARY ON THE 1983 REGULATIONS
15. The opportunity has been taken to re-order the regulations so that the Part dealing with the Preparation of Structure Plans follows immediately the Part dealing with the Form and Content of a Structure Plan. The regulations on local plans now follow a similar sequence.
Part I: Citation, Commencement and Interpretation
16. Regulation 1 provides for the citation and commencement of the Regulations which come into effect on 1 December 1983.
17. Regulation 2 provides for the interpretation of expressions used in the regulations. The principal new definitions which have been introduced are those of "appropriate form" (see regulations 16 and 31) and "notice by local advertisement" (see regulations 28, 34, 37 and 38).
Part II: Prescribed period for making representations and consultation
18. Regulation 3 prescribes the period for making representations to a planning authority who have publicised the matters proposed to be included in a structure, plan or local plan. The prescribed period is not less than 4 weeks, rather than not less than 6 weeks as prescribed in the 1976 regulations.
19. Regulation 4 provides for consultation by a planning authority with certain bodies, in addition to those prescribed in section 174(2) of the Local Government (Scotland) Act 1973, in connection with a structure plan, a local plan or proposals for a plan or alteration. It repeats the requirement of regulation 4 of the 1976 regulations except that the power of the Secretary of State to direct further consultation has been removed. A planning authority preparing a structure plan or local plan are required to consult all other local authorities whose areas are comprised within the district to which the plan relates; a new town development corporation when a plan covers land within the area of a new town; and such other authorities or bodies as the planning authority think appropriate. These authorities or bodies should be afforded the opportunity to express their views and these views must be taken into consideration by the planning authority.
Part III: Form and content of structure plans
20. Regulation 5 repeats the previous regulation 5 and provides that a structure plan should be given a title including the name of the planning authority responsible for preparing the plan and an indication of the area of the district to which the plan relates. Each document contained in or accompanying the structure plan should bear the title of the plan.
21. Regulation 6 provides that the policies and general proposals formulated in the structure plan should be set out so as to be readily distinguishable from the other contents of the plan and that the plan shall include a reasoned justification of the policies and general proposals formulated in the plan. This regulation repeats regulation 6 of the 1976 regulations with minor drafting amendments.
22. Regulation 7 specifies the matters required to be contained in a structure plan in addition to the matters required by section 5 of the Act. Section 5(3) of the Act requires that the structure plan should formulate the planning authority's policy and general proposals in respect of the development and other use of land in the district to which the structure plan relates and should include measures for the improvement of the physical environment and the management of traffic. That provision also requires a structure plan to state 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. Regulation 7 further requires a structure plan to contain the following matters: the existing social, economic and physical structure of the district to which the plan relates and the needs and opportunities for change; the resources likely to be available for the carrying out of the policies and general proposals formulated in the plan; and the broad criteria to be applied as respects the control of development in the district, or any part of the district, to which the plan relates including guidance on the application of these criteria, where appropriate, in local plans. The list of matters which are required to be contained in a structure plan is less extensive than in schedule 1 to the 1976 regulations, and contains those matters which the Secretary of State considers to be essential components of a structure plan. In addition a planning authority may include in the structure plan such other matters as they consider relevant.
23. Regulation 8 provides that the prescribed period for an action area identified in a structure plan shall be 5 years from the date on which the relevant structure plan is approved by the Secretary of State. The previous regulation (regulation 8) provided that the life of the action area would run from the date of submission of the plan to the Secretary of State, but it was considered that the limitation of less than 5 years in the effective life of an action area due to the time taken to approve the plan should be removed.
24. Regulation 9 repeats regulation 9 of the 1976 regulations although the regulation has been redrafted to clarify the requirements. The former regulation 10 is now incorporated in this regulation. The regulation provides that a structure plan shall contain or be accompanied by a key diagram on which the planning authority should show so far as they think practicable the policies and general proposals formulated in the written statement. The key diagram must not be on a map base; and may contain insets for the purpose of showing selected policies and general proposals in greater detail. Regulation 9 also provides that any diagram or inset contained in or accompanying a structure plan should include an explanation of the notation used thereon.
25. Regulation 10 deals with the reconciliation of contradictions in a structure plan. It repeats the provisions of the former regulation 11 and prescribes that the provisions of the written statement shall prevail over those of any other document forming part of the structure plan.
Part IV: Procedure for the Approval, Rejection or Alteration of Structure Plans
26. These provisions formed Part V of the 1976 regulations.
27. Regulation 11 imposes a new requirement on planning authorities to advertise their intention to prepare a structure plan, or alteration to a structure plan. A model form for such advertisement is contained in the schedule to the regulations. (Form 1).
28 . Regulation 12 repeats regulation 19 of the 1976 regulations and provides for the submission of the structure plan to the Secretary of State. Two certified copies of the plan are to be submitted together with a brief statement of the publicity and consultation carried out by the planning authority in connection with the structure plan.
29. Regulation 13 repeats former regulation 20 and requires a planning authority who have submitted a structure plan to the Secretary of State to give notice by advertisement. A model form is contained in the schedule. (Form 2).
30. Regulation 14 repeats former regulation 21 and provides that should the Secretary of State return a structure plan submitted to him by a planning authority and direct them to take further action to secure full publicity and consultation as required by Section 6(1) of the Act before he considers whether to approve the plan, the planning authority shall advertise that fact. A model form is contained in the schedule. ( Form 3).
31. Regulation 15 covers resubmission of a structure plan and is equivalent to former regulations 22 and 23, but also includes a new requirement in respect of a statement on the steps taken to comply with a direction under section 6(4) of the Act to secure further publicity. When the planning authority resubmit a structure plan to the Secretary of State having taken the steps to comply with a direction made by the Secretary of State under section 6(4) of the Act, the provisions of regulation 12, namely the submission of 2 certified copies, shall apply. The planning authority will also be required to submit to the Secretary of State a brief account of the steps taken to comply with the direction. The planning authority are required to give notice by advertisement of the resubmission of the structure plan and to serve a notice on any person who made an objection to the Secretary of State on the original submission of the plan to him. A model form for advertisement is contained in the schedule. (Form 4).
32. Regulation 16 provides that objections to a structure plan should be made in accordance with the requirements specified in the appropriate form. The form of this regulation is new in that it does not specify the requirements for an objection to be duly made in the manner of regulation 24 of the 1976 Regulations. These requirements are instead contained in the forms of advertisement contained in the schedule (forms 2 and 4). In general to be duly made an objection should be made in writing stating the part of the plan to which it relates, the grounds on which it is based and the name and address of the objector and must be received by the Secretary of State within the period specified in the relevant notice. The period for making objections has been changed. It is now 6 weeks from the date of the advertisement first appearing. The period prescribed under the 1976 regulations was a minimum of 4 weeks.
33. Regulation 17 equivalent to former regulation 25 and provides that when the Secretary of State causes an examination in public to be held into matters affecting his consideration of a structure plan he shall give at least 4 weeks notice. The requirement in the previous regulation was for 6 weeks notice. Following the 1982 Act the Secretary of State has a discretion as to whether to hold an EIP and the new time limit will allow consideration of a structure plan to be accelerated when the nature of the matter to be examined allows. (Planning authorities are reminded of the Code of Practice on Examinations in Public which can be obtained from SDD and will be made available to participants. The Department intends shortly to revise the Code in consultation with COSLA and the Scottish Committee of the Council on Tribunals.)
34. Regulation 18 is equivalent to the former regulation 26 and provides for the procedure by which the Secretary of State proposes modifications to a structure plan. Except in respect of any modification which he is satisfied will not materially affect any policy or general proposal of the plan, the Secretary of State will notify the planning authority of the proposed modifications and give notice by advertisement of them. He will also serve notice of the proposed modifications on such persons as he thinks fit and will consider any objections duly made to the proposed modifications. These are changes from the procedures under the 1976 regulations which required advertisement and notification to be undertaken by the planning authority upon being informed by the Secretary of State of the proposed modifications.
35. Regulation 19 is equivalent to the former regulation 27 and provides that the Secretary of State shall notify the planning authority in writing of his decision on a structure plan, give notice thereof by advertisement and serve notice on such persons as he thinks fit. A similar change to procedures to that in regulation 18 has been made so that it is now provided that notification and advertisement of the decision of the Secretary of State will be undertaken by the Secretary of State himself.
36. Regulation 20 repeals the former regulation 28 and provides that the Secretary of State shall receive a certified copy of any notice given in accordance with any provision of this part of the regulations and a certificate to the effect that the planning authority have complied with the requirements of any provision in this part of the regulations relating to the giving or serving of notices.
37. Regulation 21 is equivalent to former regulation 29 and provides for the procedure for the alteration of a structure plan. As in the previous. regulation the requirements for the preparation, submission and approval of a structure plan apply to an alteration as to a structure plan itself. It has however been necessary to prescribe a procedure for the optional expedited alteration procedure introduced by the 1982 Act and paragraph (2) does this. Where the planning authority decide that full publicity and consultation is inappropriate for the alteration in question, they shall submit to the Secretary of State, at the same time as they submit the alteration under regulation 12, a statement giving a brief account of the publicity and consultation undertaken or a statement of their reasons for dispensing with the requirements for publicity and consultation.
Part V: Form and content of local plans
38. These provisions are the equivalents of those which formed Part IV of the 1976 regulations.
39. Regulation 22 repeats with minor drafting modifications former regulation 12 and provides that the title of a local plan shall include an indication of the district or the part of the district to which the plan relates and any name given to a particular plan under regulation 23. It also provides at paragraph (2) that there should be stated separately from the title of the plan the name, or names, of the planning authority, or authorities, who have prepared the plan. Paragraph (3) provides that each document contained in or accompanying the local plan shall bear the title of the plan and state separately the name, or names, of the planning authority, or authorities, who have prepared it.
40. Regulation 23 repeats the former regulation 13 with minor drafting modifications and provides that a local plan shall be given the name "local plan" preceded as appropriate by the words "action area" or, if the local plan is a subject plan, by the name of the subject, or subjects, to which it relates.
41. Regulation 24 provides that the policies and proposals formulated in a local plan shall be set out so as to be readily distinguishable from the other contents of the plan and that the plan shall contain a reasoned justification of the policies and proposals. This regulation is equivalent to regulation 14 of the 1976 regulations but now refers explicitly to policies in addition to proposals in accordance with what has become standard planning practice.
42 . Regulation 25 replaces the former regulation 15. It prescribes certain matters which are to be contained in a local plan in addition to those required to be contained therein by section 9(3) of the 1972 Act. The Act requires a local plan to formulate in such detail as the authority think appropriate their proposals for the development and other use of land in that part of the district to which the plan relates or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic). The additional matters which the regulation requires to be contained in a local plan are: the character, pattern and function of the existing development and other use of land within the district or part of the district to which the plan relates, and the needs and opportunities for change; the implications of current policies and general proposals contained in the relevant structure plan for the district or any part of the district to which the local plan relates; the resources likely to be available for the carrying out of the policies and proposals formulated in the plan; and the criteria to be applied as respects the control of development within the district or any part of the district to which the plan relates. In addition a local plan may contain such other matters as the planning authority consider relevant. Although the list of prescribed matters in this regulation is less extensive than that which featured in schedule 2 to the former regulations, the previous ambiguity about the mandatory nature of the contents has been removed. A local plan must contain the matters prescribed in this regulation.
43. Regulation 26 is equivalent to former regulation 16 and provides that the map in a local plan shall be called the proposals map and be prepared on a map base reproduced from or based on the Ordnance Survey Map and showing the National Grid lines and numbers. The scale of the map shall be as the planning authority think appropriate - the power given to the Secretary of State in the previous regulation to direct the scale of the map is no longer included. Paragraph (2) provides that insets may be contained in or accompany the proposals map to show selected policies and proposals in greater detail. Paragraph (3) requires the map or any inset to the map to show the scale to which it has been prepared and to include such explanation of the notation as the planning authority think necessary.
44. Regulation 27 repeats in one regulation the provisions of former regulations 17 and 18. It provides for the reconciliation of contradictions in local plans and contradictions between local plans. In the case of any contradiction between the written statement and any other document in the local plan the provision in the written statement shall prevail. In the case of a contradiction between the provisions of any 2 or more local plans the provisions of the local plan most recently adopted or approved shall prevail.
Part VI: Procedure for the Adoption, Abandonment, Approval, Rejection, Alteration, Repeal or Replacement of Local Plans
45. Regulation 28 imposes a new requirement on planning authorities to give notice by local advertisement of their intention to prepare a local plan. This complements the requirement to advertise the intention to prepare a structure plan imposed by regulation 11. Notice by local advertisement is defined in regulation 2 and consists of advertisement in a newspaper circulating in the locality of the plan in each of 2 successive weeks. A model form of advertisement is contained in the schedule ( Form 5).
46. Regulation 29 provides that a planning authority who have prepared a local plan shall send a certified copy to any other local authority whose area is covered by the plan and any other local authority whose interests are in the opinion of the planning authority likely to be affected by that plan. This regulation is equivalent to regulation 30 of the previous regulations but has been redrafted to clarify the requirements. A district planning authority should send a certified copy of the plan to the relevant regional planning authority, and a general planning authority should send a certified copy to the relevant district council. Certified copies of the plan should also be sent to any local authority whose interests in the opinion of the authority preparing the plan are likely to be affected by the local plan. This may include neighbouring authorities.
47 . Regulation 30 repeats the provisions of regulations 31 and 41(a) of the 1976 regulations and covers the giving of notice of preparation of a local plan and the submission of the plan to the Secretary of State. Before adopting or submitting a local plan, the planning authority must give notice by advertisement. A model form is contained in the schedule (form 6). Planning authorities should note that the requirement for advertisement of this stage of local plan preparation remains unchanged from the 1976 Regulations. The requirement is for publication of the notice once in the Edinburgh Gazette and in each of 2 successive weeks in a local newspaper circulating in the area which the plan covers. Paragraph (2) of the regulation requires the planning authority not later than the date of giving notice under paragraph (1) of this regulation to send to the Secretary of State 2 certified copies of the plan together with a statement giving a brief account of the publicity and consultation undertaken by the planning authority. The required contents of this statement are unchanged from the previous regulation 41(a) and include a brief account of the steps taken to secure publicity as required by section 10(1) (a) of the Act; of the steps taken to secure awareness of persons referred to in section 10(1)(b) of entitlement to an opportunity of making representations; of the opportunity afforded to such persons to make such representations; and a brief account of the consultations had under regulation 4(2).
48. Regulation 31 covers the making of objections to a local plan and contains an identical provision to that in regulation 16 in relation to structure plans. It provides that objections shall be made in accordance with the requirements specified in the appropriate form of advertisement. To be duly made an objection will therefore require to be made in writing, stating the name and address of the objector, the matters to which the objection relates and the grounds on which it is made. It must be received by the planning authority by the date specified in the advertisement. The period for the making of objections has been changed. It is now 6 weeks from the date on which the advertisement first appears. The 1976 regulation prescribed a 4 week minimum period.
49. Regulation 32 repeats regulation 34 of the previous regulations and provides that a local inquiry held in connection with a local plan shall be a public local inquiry. (Planning authorities are reminded of the Code of Practice on Local Plan Inquiries which can be obtained from SDD and should be made available to participants. The Department intend shortly to revise the Code in consultation with COSLA and the Scottish Committee of the Council on Tribunals.)
50. Regulation 33 repeats regulation 35 of the 1976 Regulations except that the power of the Secretary of State to direct the planning authority to appoint a particular person to hold any local inquiry or hearing has been removed. The regulation provides that a person appointed to hold a local inquiry shall be appointed by the planning authority from a list of persons specified by the Secretary of State. This list is maintained by the Scottish Office Inquiry Reporters Unit and a planning authority requiring the services of a Reporter in this connection should approach the Unit direct. Paragraph (2) provides that the person appointed to hold a local inquiry shall be remunerated as the planning authority think fit, subject to the proviso that the Secretary of State may direct the levels of remuneration and allowances.
51. Regulation 34(1) repeats the previous regulation 36 and provides that the planning authority shall give notice by local advertisement of a local inquiry at least 4 weeks before the inquiry and serve a similar notice on objectors whose objections are not withdrawn and will therefore be the subject of the inquiry, and on any other person they think fit. A model notice of advertisement is contained in the schedule (form 7). Paragraph (2) contains a new requirement and provides that the authority must make available for inspection at their office copies of all the objections which are to be considered at a local inquiry.
52. Regulation 35 covers the report of a local inquiry or other hearing. Paragraph (1) is equivalent to paragraph (1) of regulation 37 of the previous regulations and requires the planning authority to consider the report of the local inquiry, to decide whether to take any action in the light of the report and to prepare a statement of their decisions and the reasons therefor. Paragraph (2) covers the making available for inspection of the report of the inquiry and the planning authority's statement. It replaces the requirements of paragraph (2) of the previous regulation 37. When the planning authority do not propose to modify the plan they should put the report and their statement on deposit at the same time as they advertise their intention to adopt the plan under regulation 38. If, however, the planning authority propose to modify the plan, the report and the statement should be placed on deposit at the time that they advertise the proposed modifications under regulation 37.
53. Regulation 36 is a new regulation and provides for the procedure where no local inquiry is held by virtue of there being no objector requiring one. In these circumstances a planning authority are required to prepare a statement giving their decision, and reasons therefor, on each objection duly made. Paragraph (2) requires the planning authority to make this statement available for inspection. If they propose modifications in the light of the objections this statement should be placed on deposit at the time that those modifications are advertised under regulation 37. If no modifications are proposed the statement should be put on deposit when the intention to adopt the plan is advertised in accordance with regulation 38.
54. Regulation 37 covers proposed modifications. It is equivalent to the previous regulation 38 but has been amended in certain respects. The regulation provides that where a planning authority propose to modify a local plan they shall prepare a list of the proposed modifications together with their reasons for proposing them. They are required to make copies of this list and statement available for inspection at their office and other places as they think fit. The planning authority are required to give notice by local advertisement that they propose to modify the plan and to serve notice on any person whose objection is not withdrawn and on such other persons as they think fit. A model form for advertisement is contained in the schedule (form 8). The planning authority are further required to consider any objections duly made to the proposed modifications. Paragraph (1)(d) prescribes the procedures for the holding of a public local inquiry into objections made to proposed modifications. Where objections to proposed modifications are not withdrawn and do not relate to a matter which has already been considered at a local inquiry, and if the objector so requires, the planning authority must arrange a public inquiry. Where, however, an objection relates to a matter which has already been considered at a local inquiry the planning authority have discretion as to whether a local inquiry should be held. Paragraph (2) provides that regulations 33, 34, 35 and 36 apply in relation to proposed modifications of a local plan so that any local inquiry held into objections to proposed modifications will be subject to the same procedures as a local inquiry held into a local plan itself. Paragraph (3) is new and provides that regulation 37 does not apply in the case of modifications proposed by the planning authority to take account only of drafting or technical matters of a minor nature which do not materially affect any policy or proposals in the plan. This provision is introduced to reflect the amendment to section 12(1) of the 1972 Act, introduced by section 39 of the 1982 Act, which makes it clear that modifications of a minor nature are those which do not materially affect any policy or proposal in the plan. This is consistent with the provision contained in regulation 18 which enables the Secretary of State to modify a structure plan without first notifying the planning authority and advertising if he is satisfied that the modification will not materially affect any policy or general proposal of the plan.
55. Regulation 38 prescribes the procedure where the planning authority propose to adopt a local plan. Paragraph (1) repeats paragraph (1) of the previous regulation 39 and provides that where a planning authority propose to adopt a local plan they shall give notice of their intention by local advertisement and serve notice on objectors and other persons as they think fit. A model form for such advertisement is contained in the schedule ( form 9). The requirements of paragraph (2) of the previous regulation 39 have been clarified. Paragraph (2) of the new regulation requires that the planning authority intending to adopt a local plan must send to the Secretary of State by Recorded Delivery a certificate stating that they have complied with the requirements of advertisement and notification prescribed in paragraph (1) of this regulation. At the same time they should send to the Secretary of State and, if appropriate, the regional planning authority, a certified copy of the local plan in the form in which they propose to adopt it. This is a new requirement. Paragraph (3) repeats the latter part of paragraph (2) of the previous regulation 39 and provides that the authority shall not adopt the plan on a date earlier than 28 days from the date on which the certificate under paragraph (2) is sent. This is subject to section 12(3) of the 1972 Act (under which the Secretary of State may direct that a local plan shall not have effect unless approved by him) and to the proviso that if, before the expiration of those 28 days, the Secretary of State directs the authority not to adopt the plan until he notifies them that he has decided not to give a direction under section 12(3), the authority shall not adopt a plan until such notification is received.
56. Regulation 39 covers the giving of notice of adoption or abandonment of a local plan. Paragraph (1) repeats the previous regulation 40 and provides that where a planning authority by resolution adopt or abandon a local plan they shall give notice by advertisement and serve notice on any person who has asked to be notified and on other persons as they think fit. Planning authorities should note that advertisement under this regulation is to be by advertisement in the Edinburgh Gazette as well as in a local newspaper. This is the same procedure as applied under the previous regulation. A model form of advertisement is contained in the schedule (form 10). Paragraph (2) requires the planning authority not later than the date on which notice is given of adoption or abandonment of a local plan to send 2 certified copies of the adopted plan to the Secretary of State and, if appropriate, to the regional planning authority. The requirement to send copies to the Secretary of State repeats the requirement of the previous regulation 41(b).
57. Regulation 40 provides for the approval, modification or rejection of a local plan by the Secretary of State. Paragraph (1) repeats paragraph (1) of the previous regulation 42 and provides that, where a planning authority have been required by a direction under section 12(3) of the Act to submit a local plan for approval by the Secretary of State, and where the Secretary of State decides to hold a public local inquiry, he shall give at least 4 weeks notice of the date of the inquiry. Paragraph (2) repeats paragraph (2) of the previous regulation 42 and prescribes the procedure by which the Secretary of State can modify a local plan. He is required to notify the planning authority of the proposed modifications and the planning authority must then give notice by local advertisement of these modifications and notify such persons as they think fit. A model form for advertisement is contained in the schedule ( form 11). The Secretary of State shall consider any objections and decide whether to hold a public local inquiry at which, in addition to objectors to the proposed modifications, the planning authority and such other persons as he thinks fit may be heard. Paragraph (3) is a new provision. Sub-paragraph (a) provides that the requirements of paragraph (2) of this regulation will not apply where the Secretary of State is satisfied that the modification which he is proposing in respect of a local plan will not materially affect any policy or proposal of the plan. This is complementary to paragraph (3) of regulation 37 and repeats the proviso formerly in paragraph (2) of regulation 42. Sub-paragraph (b) provides that paragraph (2) of this regulation shall not apply where the planning authority have already advertised the proposed modifications and considered any objections to them in accordance with regulation 37. This covers the case where the Secretary of State is simply taking over a minor or non-controversial modification already processed by the planning authority rather than making substantial modifications himself. Paragraph (4) covers the notification of the Secretary of State's decision on the local plan. It provides that the Secretary of State shall notify the planning authority who are required to advertise the decision and serve notice on any person who has asked to be so notified. A model form of advertisement is contained in the schedule (form 12).
58. Regulation 41 provides for the alteration, repeal or replacement of local plans. Paragraph (1) provides that the provisions of regulations 28 to 40 shall apply to the alteration, repeal or replacement of a local plan. This is subject to the proviso in paragraph (2) which provides for the case where the planning authority have taken advantage of the optional expedited procedure for the alteration of a local plan introduced by the 1982 Act. In its application to such an alteration regulation 30(2) (notice of preparation of local plan) is amended to provide that the planning authority should send a brief account of their reasons for not undertaking full publicity and consultation in accordance with section 10(1) of the Act.
Part VII: Structure and Local Plans: Availability and Sales of Documents, Register and Index Map
59 . Regulation 42 repeats the previous regulation 44 and provides for the availability of documents referred to in notices. Any documents described in a notice given or served under the regulations should be made available for inspection by the planning authority at their office and such other places as the authority think fit. Paragraph (2) provides that documents made available for inspection should be available free of charge at all reasonable hours from a date not later than the date on which the notice is given or served until the expiry of a period of 6 weeks commencing on the date of the first publication of the notice of the approval or adoption of the plan.
60. Regulation 43 repeats the previous regulation 45 and covers the availability of operative structure and local plans. Paragraph (1) provides that the planning authority who prepared an operative structure or local plan shall make it available for inspection at their main office and shall make certified copies available for inspection at the office of every other local authority within whose area any part of the district which the plan covers is situated. Paragraph (3) requires plans made available for inspection to be available free of charge at all reasonable hours in the same way as documents referred to in notices are required to be made available under regulation 44(2). Paragraph (2) provides that any plan made available for inspection should be accompanied by a statement setting out the provisions of section 232(1) and (2) of the Act for the period specified in section 232(1). (Section 232 covers the questioning of the validity of structure or local plans and provides that any person aggrieved by a structure or local plan who desires to question the validity of the plan on the ground that it is not within the powers conferred by the Act or that any requirement of the Act or the regulations has not been compiled with may make an application to the Court of Session. On application under the section the Court of Session may by interim order wholly or in part suspend the operation of the plan until final determination of the proceedings or may wholly or in part quash the plan. The period specified in section 232(1) is 6 weeks from the date of the publication of the first notice of the approval or adoption of the plan.)
61. Regulation 44 provides for the reproduction and sale of documents. It repeats former regulation 46 with certain amendments. Paragraph (1) requires the planning authority who have prepared a plan to provide on request subject to the payment of a reasonable charge copies of the plan or any document which has been made public for the purpose of the consultation or which has been made available for inspection. This repeats the previous regulation 46(a). Paragraph (2) provides that the planning authority who have prepared a plan shall arrange for the reproduction of the plan as soon as possible after the date on which the plan becomes operative. The Secretary of State no longer has a power to direct the immediate reproduction of a plan to take account of any operative alteration, repeal or replacement. However, the planning authority are required to arrange for the reproduction of the plan as soon as possible after the coming into operation of the alteration, repeal or replacement so as to take account of it. The planning authority are also required to make available for sale to the public on payment of a reasonable charge copies of the plan as reproduced.
62. Regulation 45 repeats the previous regulation 47 and covers the register and index map of development plans. Paragraph (1) requires every planning authority to prepare and keep up to date a register which should include information on the title of any plan, copies of which have been made available for inspection, and brief particular of action taken on any such plan including the date on which it became operative. The register should also contain brief particulars of proposals for the alteration, repeal or replacement of a plan and action taken on such proposals including the date on which they become operative. Paragraph (2) requires every planning authority to prepare and keep up to date an index map showing the boundary of any area to which an operative plan relates. This index map should also contain a reference to the appropriate entry in the register. Paragraph (3) requires the planning authority to make the register and index map available for inspection at all reasonable hours free of charge.
Part VIII: Preparation and Making, Etc of Structure or Local Plans by Another Planning Authority and Revocation of Current Regulations
63. Regulation 46 repeats with certain amendments the former regulation 48 and provides that the provisions of these regulations shall apply in relation to the carrying out of any procedure by a planning authority acting under section 15(3) of the Act which covers the carrying out of any action which ought to have been undertaken by another planning authority. Paragraph (2) covers a similar situation where the Secretary of State exercises his power under Section 15(3) of the Act to make, alter, repeal or replace a plan so that the planning authority on whom the duty falls by virtue of these regulations shall give or serve all notices as required by the regulations and meet the requirements of regulations 42 to 45 in respect of the making available of documents, plans, the reproduction and sale of documents and the keeping of a register and index map.
64. Regulation 47 is a new regulation which provides for the revocation of the 1976 regulations and contains a transitional provision. It provides that the 1976 regulations are revoked but without prejudice to the validity of anything done under or by virtue of these regulations before the coming into force of the 1983 regulations. It further provides that anything done under the 1976 regulations shall be deemed to have been done under the corresponding provision of the 1983 regulations. Any procedure, therefore, which has been initiated under the 1976 regulations can be continued and completed under the new regulations and planning authorities are expected to take advantage of the new streamlined procedures as and when appropriate.
65. The Schedule to the regulations contains the model forms for advertisement as required by the regulations.
AppendixForm 1 for objecting to a local plan
AppendixForm 2 for objecting to proposed modifications to a local plan