CHAPTER 1 — Calling in planning authorities' proposals
Power to call in proposals
(1) For the purposes of this Chapter, a call-in direction is a direction given to a planning authority by the Scottish Ministers in relation to the authority's proposals for making or altering a scheme.
(2) A call-in direction may be given in relation to an authority's proposals at any time prior to the authority making the proposed scheme or alteration (whether in the terms proposed or otherwise).
(3) Once a planning authority have been given a call-in direction, the authority—
(a) may not make the proposed scheme or alteration (whether in the terms proposed or otherwise), and
(b) must not begin, or as the case may be proceed with, any hearings in relation to the proposals that would (but for this paragraph) be required by regulations under paragraph 11(1).
(1) Where a call-in direction has been given in relation to a planning authority's proposals for making or altering a scheme, the Scottish Ministers may—
(a) make the scheme or alteration proposed,
(b) make a scheme or alteration that is different from what the authority proposed, or
(c) decline to make any scheme or alteration.
(2) In considering what to do under sub-paragraph (1), the Scottish Ministers may take matters into account despite their not having been taken into account by the planning authority in formulating their proposals.
(3) The Scottish Ministers may, for the purpose of deciding what to do under sub-paragraph (1), cause a local inquiry or other hearing to be held by a person appointed by them.
(4) If—
(a) the Scottish Ministers decide to alter a scheme under sub-paragraph (1), and
(b) the alteration they intend to make would have one of the effects described in paragraph 13(1)(b),
they may not make the alteration until the end of the day that falls 12 months after the day on which they decided to make the alteration.
CHAPTER 2 — Making or altering scheme following paragraph 6 direction
Power to make or alter scheme
(1) The Scottish Ministers may (in accordance with paragraph 17) make, or alter, a scheme if—
(a) they have given a planning authority a direction under paragraph 6, and
(b) they are satisfied that the planning authority are not fulfilling the duty arising from that direction within a reasonable period.
(2) In order to satisfy themselves of the matter mentioned in sub-paragraph (1)(b), the Scottish Ministers must cause a local inquiry or other hearing to be held by a person appointed by them.
Process for making or altering schemes
(1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2) apply to the making, or alteration, of a scheme by the Scottish Ministers under paragraph 16—
(a) as they apply to the making or (as the case may be) alteration of a scheme by a planning authority, but
(b) subject to the modifications set out in sub-paragraphs (3) to (6).
(2) The enactments referred to in sub-paragraph (1) are—
(a) Part 3, and
(b) any regulations made under—
(i) Part 3, or
(ii) paragraph 22.
(3) References to a planning authority are to be read as references to the Scottish Ministers.
(4) References to a planning authority's district are to the district in which the area to which the scheme relates lies (or would lie were the scheme or alteration in question made).
(5) References to a committee of a planning authority are to—
(a) the Scottish Ministers, or
(b) a person appointed by the Scottish Ministers to discharge the function in question on their behalf.
(6) Requirements to—
(a) consult, and
(b) send things to,
the Scottish Ministers do not apply.
(1) Having incurred costs in complying with an enactment mentioned in paragraph 17(2) in connection with making or altering a scheme under paragraph 16, the Scottish Ministers may require the relevant planning authority to pay them―
(a) an amount equal to the costs they incurred, or
(b) such lesser amount as they consider appropriate.
(2) In sub-paragraph (1) “the relevant planning authority” is the authority in whose district the area to which the scheme relates lies (or would have lain had it been made).
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