Circular 32/1983 ANNEX C LOCAL PLANS: PROCEDURE NOTE
This note summarises the requirements of the Town and Country Planning (Scotland) Act 1972 (as a mended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 and the Local Government and Planning (Scotland) Act 1982), the Local Government (Scotland) Act 1973 and the Town and Country Planning (Structure and Local Plans)(Scotland) Regulations 1983 as they apply to local plans. It supersedes the Procedure Note accompanying SDD Circular 28/1976. This note is issued for guidance only and should not be regarded as an exhaustive statement or an authoritative interpretation of the law.
The Secretary of State's general policy in relation to local plans is set out in SDD Circular 32/1983. More detailed advice about the form and content of local plans is contained in Planning Advice Note 28. A Code of Practice on Local Plan Inquiries is also available. Copies of these documents are obtainable from the Scottish Development Department, New St Andrew's House, Edinburgh EH1 3SZ.
In the note the abbreviations "S" and "R" signify "Section" and "Regulation", respectively, and the various references by year of enactment are to the Town and Country Planning (Scotland) Act 1972, the Local Government (Scotland) Act 1973, the Town and Country Planning (Scotland) Act 1977, the Local Government (Miscellaneous Provisions)(Scotland) Act 1981, the Local Government and Planning (Scotland) Act 1982 and the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983.
Where any notice is to be given by advertisement it is to be published in the Edinburgh Gazette and in each of 2 successive weeks in at least one newspaper circulating in the locality to which the plan relates (Regulation 2). Where any notice is to be given by local advertisement it is to be published in each of 2 successive weeks in at least one newspaper circulating in the locality to which the plan relates (Regulation 2).
1. The planning authority must, insofar as they have not already done so, institute a survey of the area to which the proposed plan relates.
S9 (4A) 1972 as amended by S2(1) 1977
2. Every general and district planning authority must prepare local plans for all parts of their districts as soon as practicable. They are obliged to prepare a local plan for any area indicated in a structure plan as an action area as soon as practicable after the approval of the structure plan.
S176(1) 1973: S9(6) 1972
3. (a) A general planning authority may prepare a local plan before a structure plan for the area is approved, subject to any directions given by the Secretary of State.
(b) A district planning authority who propose to prepare a local plan must submit a copy of their proposals to the regional planning authority and must not prepare a local plan before a structure plan for the area is approved unless the consent of the regional planning authority is obtained; such consent may be refused or withdrawn; consent is to be deemed to have been given if not refused within 3 months; and in the event of dispute as to whether withholding of consent is reasonable the Secretary of State shall decide and his decision shall be final.
S176 (2), (3), (4) and (5) 1973 as amended by Sch para 23 1982
4. The Secretary of State may, before a structure plan has been approved, direct the general or district planning authority to prepare a local plan.
S9(7) and (8) 1972 as amended by Sch 2 para 1 1981
5. Where the authority are required by a direction given by the Secretary of State to prepare a local plan they must take steps for its adoption.
6. A planning authority must give notice by local advertisement of their intention to prepare a local plan.
R28 (Form 5)
7. When preparing a local plan a planning authority shall:-
(a) consult the following:
i. all other local authorities whose areas or any parts thereof are comprised in the district to which the plan relates;
ii. when the district to which the plan relates includes land within the area of a new town, the new town development corporation;
iii. such other authorities or bodies as such planning authorities think appropriate;
(b) afford the local authorities, the new town development corporation and the other authorities or bodies consulted under paragraph (a) above an opportunity to express their views; and
(c) take such views into consideration.
8. The planning authority must have regard to any relevant regional report and the Secretary of State's observations thereon, and where a structure plan has been prepared they must secure that the local plan conforms generally to the structure plan as it stands for the time being.
S173 (7) 1973 S9(9) 1972
9. Where the authority propose to prepare a local plan they must:-
S10(1) 1972 and R3
i. take steps to secure that adequate publicity is given to relevant matters arising out of a survey and to the matters they propose to include in the plan;
ii. take steps to secure that persons who may be expected to want to make representations about matters proposed to be included in the plan are aware that they may do so;
iii. provide an opportunity for making representations;
iv. consider any representations made within a specified period of not less than 4 weeks.
10. A local plan shall consist of a map, which must be based on the Ordnance Survey and showing the National Grid lines and numbers, and a written statement. It shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the planning authority think appropriate for the purpose of explaining or illustrating the policies and proposals in the plan.
R24 R26 S9(5) 1972
The plan shall formulate in such detail as the authority think appropriate their policies and proposals for the development and other use of land or for any description of development or other use of land.
The written statement shall, in addition, contain the following matters:
(a) 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;
(b) the implications of current policies and general proposals contained in the relevant structure plan for the district in any part of the district to which the plan relates;
(c) the resources likely to be available for the carrying out of the policies and proposals formulated in the plan;
(d) 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.
A local plan may also contain such other matters as the planning authority consider relevant.
The written statement must include a reasoned justification of the policies and proposals. The policies and proposals formulated in the written statement shall be set out so as to be readily distinguishable from the other contents.
Action Following Preparation
11. The authority must send a certified copy of the plan to any other local authority whose area is wholly or partly within the district to which the plan relates and any local authority whose interests appear likely to be affected.
12. The authority must publish a notice by advertisement indicating where the plan and survey matter can be seen and how and within what period of time objections can be Made. The plan must be available at the authority's office and at such other places in the district, and at such times, as the authority think fit having regard to convenience to the public and to the area to which the plan relates (R42). The period for making objections is 6 weeks from the first date of advertisement and must be specified in the notice (R31). A form for making objection should be made available at places where the plan is deposited. At this stage an entry should also be made in the planning authority's register (R45) and in the register of any other planning authority to whose area the plan relates.
S10(2) 1972 R30 (1) (Form 6)
Submission to the Secretary of State
13. The authority must send to the Secretary of State 2 certified copies of the local plan and a statement containing a brief account of the steps the authority have taken to secure publicity and awareness of entitlement to an opportunity of making representations, a brief account of the opportunity afforded for making representations and a brief account of consultations with the authorities and bodies mentioned in Regulation 4(2).
S10 1972; R30; R4 (2)
A copy of this statement must accompany each copy of the plan deposited for public inspection.
Consideration of Objections
14. Objections to a local plan must be made in writing and state the name and address of the person making the objection and the matters to which the objection relates and the grounds on which it is made.
R31 Forms 6 and 8
15. An objection must be received by the planning authority before the date specified in the notice advertising the plan, and this date shall be 6 weeks after the date when the notice was first published.
R31 Forms 6 and 8
16. A public local inquiry, or other hearing, shall be held if an objector so requires. Where a public inquiry is to be held the authority shall give notice by local advertisement at least 4 weeks before the date of the inquiry and shall make available for inspection copies of the objection which will be examined at the inquiry. A public local inquiry or hearing, where held, is to be held by a person appointed by the planning authority from a list of persons specified by the Secretary of State.
S11 1972 as amended by S38 1982 R34 (Form 7)
17. In the event of an inquiry or hearing being held the authority must:
i. Consider the report of the inquiry;
ii. decide whether or not to take action in the light of the report and of each of the recommendations it contains;
iii. prepare a statement of their decisions giving reasons therefor;
iv. make certified copies of the report of the inquiry or hearing and of the reasoned statement of their decisions available for inspection.
18. In the event of an inquiry or a hearing not being held the authority must:
i. prepare a statement of their decision with respect to each objection including their reasons for each decision.
ii. make certified copies of this statement available for inspection when they advertise any proposed modification, or if that is not appropriate, when they advertise their intention to adopt the local plan.
19. Where a planning authority who have prepared a local plan propose to modify it to take account of objections or matters arising out of objections they shall:-
R37 (Form 8)
i. prepare a list of the proposed modifications giving their reasons for proposing them;
ii. give notice by local advertisement, and serve a notice in the same terms on any objector and such other persons as they think fit;
iii. consider any objections duly made to the proposed modifications;
iv. in the case of any objections to the proposed modifications . which do not relate to a matter which has already been considered at a local inquiry hold an inquiry or hearing, and in the case of any other objections decide whether or not to hold a further inquiry or hearing.
20. Where the authority propose to adopt the plan they must:-
R38 (Form 9)
i. give notice by local advertisement and serve notice on objectors and such other persons as they think fit, and make copies of the plan available for inspection;
ii. certify, by recorded delivery, to the Secretary of State that they have done so; and
iii. send to the Secretary of State and the regional planning authority a copy of the plan in the form in which they propose to adopt it.
The authority may not adopt the plan until at least 28 days have elapsed from the day on which the certificate is sent or, if the Secretary of State so directs, until he notifies them that he has decided not to call in the plan for his own decision.
Unless the Secretary of State intervenes, the planning authority may by resolution adopt the local plan as originally prepared, or as modified to take account of objections or any matters arising out of objections; or of any drafting or technical matters of a minor nature.
S12(1) 1972 as amended by S39 1982
Where for any area the Secretary of State has approved a structure plan the authority shall not adopt a local plan unless it conforms to the structure plan as approved by the Secretary of State.
21. When the authority adopt or abandon the plan they must advertise and serve notice on those who have requested such notification and on such others as they think fit, indicating where the plan can be seen. They must also send to the Secretary of State and the regional planning authority, not later than the date on which notice of the adoption of a local plan is first given in terms of the regulations, 2 certified copies of the plan as adopted.
R39 (Form 10)
Action by the Secretary of State
22. The Secretary of State may at any time between stage 13, when copies of a local plan are sent to him, and stage 20, when the plan is formally adopted, call the plan in for his own decision.
23. If the Secretary of State calls in a local plan he must consider objections, and may arrange for a public local inquiry, and advertise and notify objectors of any such inquiry.
S12 (4) 1972; R40 (1)
24. Where the Secretary of State proposes to modify a plan he must notify the authority unless he is satisfied that the modifications will not materially affect any policy or proposal in the plan. The planning authority must then give notice by local advertisement of the proposed modifications and serve notice on such persons as they think fit.
R40 (2) (3)
25. The Secretary of State must then consider any objections made to the proposed modifications and decide whether or not to hold an inquiry or other hearing.
26. The authority must advertise the Secretary of State's decision on the plan and serve notice on persons who have requested the authority to notify them and such other persons as the Secretary of State may direct.
R40(4) (Form 12)
Action after adoption or approval
27. The authority must arrange for copies of any operative local plan to be available for inspection at their offices and at the office of every other local authority to whose area the plan relates.
28. The authority must place with any operative local plan a statement to the effect that anyone wishing to question the validity of the plan may make an application to the Court of Session within the period specified in Section 232 of the 1972 Act.
29. The authority must prepare and put on sale copies of the plan as adopted as soon as possible after the local plan becomes operative and must arrange for the reprinting of the plan to take into account any alteration, repeal or replacement.
30. The authority must prepare and keep up-to-date a register and index map containing information about structure and local plans in their area and the register and index map must be made available for inspection at the authority's office.
31. The authority may at any time, and must if directed by the Secretary of State, make proposals for the alteration of a local plan. Similar procedures apply to the alteration, repeal or replacement of a local plan as to the adoption of a local plan. Where the 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, a statement giving a brief account of the publicity and consultation undertaken or a statement of their reasons for not undertaking such publicity and consultation.
S13 1972 as amended by S40 1982;R41