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ANNEX A: Extract from the Planning etc. (Scotland) Act 2006 relating to Strategic Development Planning Authorities
Strategic development planning
4 Strategic development planning authorities
(1) The Scottish Ministers may by order designate a group of planning authorities as authorities which are jointly-
(a) to prepare a plan (to be known as a "strategic development plan")-
(i) whenever required to do so by the Scottish Ministers, and
(ii) (subject to sub-paragraph (i) and to section 10(8)) whenever the group think it appropriate to do so, for an area (to be known as a "strategic development plan area") to be determined under section 5(3), and
(b) to keep under review the plan so prepared.
(2) No part of the strategic development plan area is to be outwith the districts of the designated group.
(3) The Scottish Ministers may direct-
(a) that an employee of a constituent authority of the designated group is to be assigned to manage the process of preparing and reviewing the strategic development plan, and
(b) that other employees of the constituent authorities are to be assigned to assist in that process.
(4) The Scottish Ministers are not to issue a direction to an authority under subsection (3) within the period of 3 months beginning with the day on which the order under subsection (1) designating the authority as a constituent authority of the designated group was made.
(5) A group of planning authorities acting jointly by virtue of subsection (1) may be referred to as a "strategic development planning authority"; and an employee assigned as is mentioned in paragraph (a) of subsection (3) may be referred to as a "strategic development plan manager".
(6) For any strategic development plan area there is at no time to be more than one strategic development plan.
(7) The Scottish Ministers may, for the purposes of this section, issue guidance to the constituent authorities of the designated group; and those authorities must have regard to any guidance so issued.
(8) The Scottish Ministers may request a planning authority to provide them with information regarding arrangements for the assignment of any employee of that authority to manage, or assist in, the process of preparing and reviewing a strategic development plan and the authority must provide such information within 14 days of receipt of the request.
(9) In carrying out their duty under paragraph (b) of subsection (1), a strategic development planning authority are in particular to monitor-
(a) changes in the characteristics referred to in section 7(4)(a), and
(b) the impact of the policies and proposals contained within the strategic development plan.
(10) A strategic development plan authority are-
(a) from time to time, and
(b) in any event whenever they publish a main issues report by virtue of that paragraph, to publish a statement as to the carrying out by them of their duty under that paragraph.
(11) In subsection (10), "publish" includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).
5 Strategic development plan area
(1) Within 3 months after designation under section 4(1), the strategic development planning authority are to submit to the Scottish Ministers-
(a) a plan showing the boundary which the authority propose as the boundary of the strategic development plan area, and
(b) a statement in justification of that proposal, with the request that a determination be made under subsection (3).
(2) If the individual planning authorities which the strategic development planning authority comprises are not unanimous as to the boundary to be proposed, any of those individual planning authorities may, in conjunction with the submission under subsection (1), submit an alternative plan and statement under that subsection.
(3) The Scottish Ministers may determine that the boundary of the strategic development plan area is-
(a) a boundary proposed in a submission under subsection (1),
(b) any such boundary with such modifications as they think fit, or
(c) such other boundary as they think fit.
(4) If before making a determination under subsection (3) the Scottish Ministers consider they require further information from the strategic development planning authority or from a planning authority of the designated group, they may request the authority in question to provide them with that information.
(5) The Scottish Ministers are to give notice to the strategic development planning authority of any determination under subsection (3); and where the determination is under paragraph (b) or (c) of that subsection the notice is to include a statement as to their reasons for making the determination.
(6) Subject to section 6, a determination under subsection (3) is final and conclusive.
6 Re-determination of boundary of strategic development plan area
(1) Where at any time a strategic development planning authority conclude (whether or not by virtue of a requirement under section 4(1)(a)(i)) that, because of a material change in circumstances, the boundary of their strategic development plan area is no longer appropriate, they are, within three months after so concluding, to submit to the Scottish Ministers-
(a) a plan showing a boundary which they propose in place of the determined boundary, and
(b) a statement in justification of that proposal.
(2) Subsections (2) to (6) of section 5 apply in respect of a submission under subsection (1) of this section as they apply in respect of a submission under subsection (1) of that section.
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