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Version Superseded: 01/04/1996
Point in time view as at 01/12/1994.
Local Government (Scotland) Act 1973, Cross Heading: Development control is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A regional planning authority may, in the circumstances specified in subsection (2) below but subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), give to any district planning authority within the district of the regional planning authority directions requiring any such application as is mentioned in section 23(2) of the Act of 1972 to be referred to them instead of being dealt with by the district planning authority.
(2)The circumstances referred to in subsection (1)
above are both that the application concerned is not subject to a direction given by the Secretary of State under section 32 of the Act of 1972 and that—
(a)the proposed development does not conform to a structure plan approved by the Secretary of State; or
(b)the proposed development raises a major planning issue of general significance to the district of the regional planning authority.
(3)Subject to subsection (4)
below, any application in respect of which directions under subsection (1) above have been given shall be referred to the regional planning authority accordingly.
(4)A district planning authority may, subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), appeal to the Secretary of State against any directions given under subsection (1) above to them; and the Secretary of State (whose decision shall be final) may, under section 177(4) of this Act, determine the appeal as if it were a matter arising under section 176(5) of this Act.
(5)Where an application is referred to a regional planning authority under this section, sections 21(2)(b), 23(1)(f) and (h), 24(2B), (2C), (2D) and (4), 26, 27(1), 27A, [F228A,] 33, 35, 54(3) and (subject to subsection (6) below) 34 of the Act of 1972 shall apply, with any necessary modifications, as if the application had been made to the regional planning authority:
Provided that, in the proviso to the said section 27(1) as so applied, the words “another planning authority” shall be construed as meaning a regional planning authority, a general planning authority and any district planning authority outwith the district of the regional planning authority to which the application has been referred.
(6)In the application of the said section 34 provided for in subsection (5)
above, for the reference in that section to such period as may be prescribed by the development order there shall be substituted a reference to a period of 3 months, or such other period as a development order may prescribe, from the date when the application is referred to a regional planning authority.
(7)The Secretary of State may by regulations made under this subsection, or may in a development order, prescribe the time limits within which—
(a)a regional planning authority may exercise their powers under subsection (1) above;
(b)a district planning authority may appeal under subsection (4) above; or
(c)a district planning authority shall forward to the regional planning authority a copy of any application (together with copies of all the certificates, plans, and other supporting documents relating thereto) required by the latter authority by virtue of subsection (1) above.]
Textual Amendments
F1S. 179 substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 24
F2 “28A” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 61
Modifications etc. (not altering text)
C1S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56F(1) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))
C2S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56K(10) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))
C3S. 179(6) modified by S.I. 1988/1221, reg. 30(1)(b)
Textual Amendments
(1)Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.
(2)Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 [F4and of section 153 or 159 of the Act of 1972 (compensation in respect of orders under section 42 or 49) shall, as the case may be and with any necessary modifications, apply to the regional planning authority in relation to such an order made by the regional planning authority as they would apply to the district planning authority in relation to such an order made by the district planning authority.]
Textual Amendments
F4Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 25
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