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Town and Country Planning (Scotland) Act 1997 CHAPTER 1 — Calling in planning authorities' proposals

14–152 provisions

Power to call in proposals

14

(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).

Powers after calling in

15

(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.

Back to Town and Country Planning (Scotland) Act 1997 — full text

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