ANNEX A
Scottish Statutory Instruments
2007 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Development Planning Examinations) (Scotland) Regulations 2007
Made - - - -
Laid before the Scottish Parliament
Coming into force - -
The Scottish Ministers make the following Regulations, in exercise of the powers conferred by section 12(3), 19(5) and 275 of the Town and Country Planning (Scotland) Act 1997( 2) and of all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Development Planning Examinations) (Scotland) Regulations 2007 and shall come into force on [ ].
Application of regulations
2. These regulations apply to-
(a) an examination under section 12(1) and (2) of the Act; and
(b) an examination under section 19(3) or (4) of the Act.
Interpretation
3. In these Regulations-
"the Act" means the Town and Country Planning (Scotland) Act 1997;
"the 2005 Act" means the Environmental Assessment (Scotland) Act 2005( 3);
"appointed person" means, as the case may be, a person appointed by the Scottish Ministers-
(a) under section 12(1) of the Act to examine a proposed strategic development plan; or
(b) under section 19(3) of the Act to examine a proposed local development plan;
"authority" means in the application of these Regulations-
(a) to an examination under section 12(1) or (2) of the Act, the strategic development planning authority which submitted the plan; and
(b) to an examination under section 19(3) or (4) of the Act, the planning authority which submitted the plan;
"document" includes, in addition to a document in writing-
(a) any map, plan, graph or drawing;
(b) any photograph;
(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(d) any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
"environmental report" means the environmental report prepared in connection with a proposed plan in accordance with the 2005 Act;
"information" includes information contained in a document or provided (or to be provided) by oral evidence;
"monitoring statement" means, in relation to a proposed strategic development plan, a statement published in accordance with section 4(10) and, in relation to a proposed local development plan, a statement published in accordance with section 16(9);
"plan area" means in relation to-
(a) an examination under section 12 of the Act, the strategic development plan area for the proposed plan; and
(b) an examination under section 19 of the Act, the area to which the proposed plan relates;
"proposed plan" means in relation to-
(a) an examination under section 12 of the Act, the proposed strategic development plan; and
(b) an examination under section 19 of the Act, the proposed local development plan;
"relevant representations" means-
(a) in respect of a proposed strategic development plan-
(i) representations mentioned in section 12(1)(a) of the Act; and
(ii) representations made in response to publication of the proposed plan under section 10(6) of the Act;
(iii) representations timeously made in consequence of the strategic development plan authority taking further steps with regard to consultation or involving the public at large specified in a direction made by the Scottish Ministers and which were not taken account of (or not fully taken account of) in modifications under section 12A(5)(b)(i) of the Act and have not been withdrawn; and
(b) in respect of a proposed local development plan-
(i) representations mentioned in section 19(2) of the Act; and
(ii) representations timeously made in consequence of the planning authority taking further steps with regard to consultation or involving the public at large specified in a direction made by the Scottish Ministers and which were not taken account of (or not fully taken account of) in modifications under section 19A(5)(b)(i) of the Act and have not been withdrawn.
Notification of appointment of appointed person
4. - (1) The Scottish Ministers must as soon as practicable after appointing a person to examine a proposed local development plan under section 19(3) of the Act notify the authority that such an appointment has been made and of the name of the appointed person.
(2) . The authority must, to the extent that they have not already done so, send to the appointed person within 14 days of receiving notification under paragraph (1) above or section 12(4)(b) of the Act, as the case may be-
(a) copies of the relevant representations;
(b) a summary of the relevant representations and a statement of the reasons why the relevant representations where not taken account of (or not fully taken account of) in the plan;
(c) a summary of the issues raised by the relevant representations;
(d) the environmental report prepared in connection with the proposed plan and copies of opinions expressed in response to the invitations referred to in section 16(1) and (2)(a)(iii) of the 2005 Act;
(e) the proposed action programme prepared for the proposed plan in accordance with section 21 of the Act;
(f) the most recently published monitoring statement for the area to which the proposed strategic development plan or the proposed local development plan, as the case may be, relates; and
(g) the authority's development plan scheme.
3. When advertising or giving notice of the examination-
(a) under section 12(4), the Scottish Ministers; or
(b) under section 19(6), the authority,
are to include a statement that the authority has, or is to, provide to the appointed person a summary of the issues it considers should be assessed at the examination and information as to where it is possible to inspect such summary and other information and documents provided by the authority in connection with the examination.
(4) On receiving a notice under section 12(4)(b) of the Act the strategic development plan authority are to give notice of the examination containing the information mentioned in paragraph (3) to any person who made a relevant representation in respect of the proposed plan in response to publication of the proposed plan under section 10(6) of the Act.
Scope of the examination
5. An examination under section 12(1) or section 19(3) of the Act is only to assess issues raised in relevant representations.
Further representations or information
6. - (1) Where the appointed person determines that further representations should be made or further information should be provided in connection with the examination of the proposed plan the appointed person may by notice request the person from whom the appointed person wishes to make or provide such further representations or further information to do so.
(2) The appointed person may make a request under paragraph (1) at any stage of the examination.
(3) A request for further representations or further information may only be made to an authority or person mentioned in paragraph (4).
(4). The persons are-
(a) persons who made relevant representations;
(b) the authority;
(c) a key agency; or
(d) a planning authority whose district adjoins the strategic development plan area or, as the case may be, the local development plan area.
(e) any National Park authority for a National Park which adjoins the strategic development plan or, as the case may be, the local development plan area;
(f) in the case of an examination under section 19(3) or (4) where the local development plan area, or any part of it, is within a strategic development plan area, the other planning authorities comprising the strategic development plan authority for that area;
(g) the Health and Safety Executive; and
(h) the Scottish Ministers.
Expenses of examination
7. The general administrative costs, staff costs and overheads incurred in relation to an examination held under-
(a) section 12(1) or (2) of the Act, are to be met equally by the strategic development planning authority and the Scottish Ministers; and
(b) section 19(3) or (4) of the Act, are to be met by the planning authority.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
[Date]
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations