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Publication - Guidance

Planning Circular 6/2013: development planning

Published: 27 Dec 2013
Part of:
Building, planning and design
ISBN:
9781784121761

Guidance on the legislative procedural requirements relating to the preparation of development plans in Scotland.

49 page PDF

703.9kB

49 page PDF

703.9kB

Contents
Planning Circular 6/2013: development planning
LEGAL CHALLENGE

49 page PDF

703.9kB

LEGAL CHALLENGE

160. If any person aggrieved by a strategic or local development plan desires to question the validity of the plan on the ground:

(a) that it is not within the powers conferred by Part II of the Town and Country Planning Act 1997, as amended, or

(b) that any relevant requirement of that Part or of any regulations made under than Part have not been complied with;

he may make an application to the Court of Session under section 238 of the Act.

161. Any such application must, under section 238(4) be made within six weeks from the relevant date. The relevant date is the date of the plan's publication, in respect of a:

  • SDP, under section 14(1)(b), after approval of the plan - see paragraph 54;
  • LDP, under section 20A(1)(b), after adoption of the plan- see paragraph 99.

Contact

Email: Scottish Government Planning