(1) Before making or altering a scheme, a planning authority must—
(a) formulate their proposals for the scheme or alteration to be made, having first consulted in accordance with paragraph 8, and
(b) consult on their proposals in accordance with paragraphs 9 and 10.
(2) Having considered any responses received to the consultation on their proposals (as paragraph 10 requires), the planning authority may (subject to any direction under paragraph 12 or Chapter 1 of Part 4)—
(a) make the proposed scheme or alteration,
(b) make a scheme or alteration which, in light of the consideration given to responses received to the consultation and any other matters which appear to the authority to be material, differs from what they proposed, or
(c) decide not to make any scheme or alteration.
(3) If the planning authority wish to make an alteration that would have an effect described in sub-paragraph (1)(b) of paragraph 13, they must wait as required by that paragraph before making the alteration.
Consultation on possible proposals
(1) Before publicising, in accordance with paragraph 9, proposals for making or altering a scheme, a planning authority must—
(a) comply with any requirements as to consultation prescribed in regulations under this paragraph, and
(b) have regard to any valid representations received from anyone consulted in compliance with those requirements.
(2) The Scottish Ministers are to prescribe by regulations requirements about—
(a) who a planning authority must consult before determining the content of any proposals which may be publicised in accordance with paragraph 9,
(b) how that consultation is to be undertaken, and
(c) how representations to the planning authority must be made by anyone consulted if they are to be treated as valid representations for the purpose of sub-paragraph (1)(b).
(3) Without prejudice to the generality of sub-paragraph (2), regulations made under this paragraph may—
(a) require a planning authority to consult the public (or a portion of the public), or
(b) empower the Scottish Ministers to direct an authority to do so in particular cases.
(1) Before making or altering a scheme, a planning authority must—
(a) comply with the requirements for publicising, and inviting representations in relation to, their proposals for making or altering the scheme, and
(b) wait until the period for representations has expired.
(2) The Scottish Ministers are to prescribe by regulations—
(a) the requirements for publicising and inviting representations in relation to proposals for making or altering a scheme, and
(b) the period for representations.
Consideration of representations
(1) Where a planning authority have received validly submitted representations in relation to their proposals for making or altering a scheme, they may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until they have considered the representations.
(2) For the purpose of this paragraph, representations are validly submitted if—
(a) they are submitted within the period for representations prescribed under paragraph 9(2), and
(b) they comply with any requirements prescribed by the Scottish Ministers in regulations under this sub-paragraph about how representations must be submitted.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
