The Scottish Government

Circular 32/1996

THE SCOTTISH OFFICE DEVELOPMENT DEPARTMENT
THE SCOTTISH OFFICE INQUIRY REPORTERS UNIT
CODE OF PRACTICE FOR LOCAL PLAN INQUIRIES

Introduction

1. The preparation of local plans gives the community the opportunity to participate in deciding the detailed policies and specific proposals for the future development and use of land in the area. The plan identifies particular areas as suitable for housing, industry, shopping or other uses and sets out the policies the council proposes to apply in assessing development proposals. The plan guides and informs day-to-day decisions as to whether or not planning permission should be granted under the system known as development control. The Government has given increased emphasis to the primacy of the development plan in making development control decisions, so that plan preparation and adoption has become a more important part of the planning system.

2. Unlike structure plans which are approved by the Secretary of State for Scotland, responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. It has to comply with statutory requirements, including ensuring that the plan conforms with the approved structure plan. It is responsible for considering any objections to the plan, if necessary by appointing a Reporter and holding a local plan inquiry, considering the Reporter's recommendations to them, incorporating any modifications it considers appropriate, and adopting the plan so that it is brought into force. It is for the planning authority to decide whether to accept or reject the recommendations made by the Reporter. The Secretary of State can be expected to become involved only in exceptional circumstances. This could lead to modification or call-in of the local plan for the Secretary of State's own decision.

3. The purpose of this Code is to provide advice for all who may be involved in a local plan inquiry. If all participants follow the guidance and adhere to the requests of the Reporter, the procedure is likely to be more efficient and effective. Based on past experience it offers advice on:

• the handling of objections to local plans;
• the arrangements for any public local inquiry that may be required;
• the conduct of the inquiry;
• the form of report that is produced;
• the adoption process.

4. This guidance, which replaces the Code published in 1985, applies to the processing of objections arising from the initial preparation of a local plan, but the same or similar procedures apply to proposals for the alteration or replacement of a local plan which has already been adopted.

5. The legal basis of the procedures is to be found in the Town and Country Planning (Scotland) Act 1972, Sections 9-13 (as amended), and the Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983, Regulations 28-41. These procedures are summarised in the flowchart at Annex 2 to this Code. Reference should also be made to Planning Advice Note 49 "Local Planning" and to the Local Plan Service Standards Document issued with Scottish Office Development Department Circular 1/1996.

Before the Inquiry

Pre-Deposit Consultation

6. Planning authorities have a statutory duty to advertise their intention to prepare a local plan and to publicise the consultative draft plan. An opportunity has to be provided for the public, local organisations and the business community to make comments on the policies and proposals contained in the consultative draft plan. The planning authority has to show how it has taken account of these comments when preparing their proposals for the next stage of the process - a finalised draft plan which is then placed on deposit. Draft local plans are intended to be subject to wide public consultation and debate before the planning authority commits itself to any specific planning proposals to address the area's problems and opportunities. In so doing it must conform with the strategic framework of the approved structure plan within whose area it lies.

7. In certain cases, where an authority propose to make alterations to a local plan, the authority may consider it unnecessary to comply with the normal requirements for pre-deposit consultation on their proposals. In such cases the authority must provide the Secretary of State with a statement setting out their reasons for not taking such steps, as required by Section 13(4) of the 1972 Act.

Notice of Deposit

8. When the planning authority has prepared a finalised draft plan it is required to advertise the fact in a local newspaper and state where and when it is to be available for public inspection. Authorities should also notify any other local authority whose interests may be affected by the plan. Reasonable access should be made available for those wishing to study the documents, in convenient locations such as public libraries and council offices. The plan placed on deposit must be accompanied by a statement of the planning authority's response to earlier consultation. All of these documents together with any relevant survey or review material should be available for sale at reasonable charge. The authority must also serve notice on the Secretary of State indicating the steps that it has taken.

9. When a planning authority knows that a finalised draft plan is to be placed on deposit, and that objections are likely, The Scottish Office Inquiry Reporters Unit should be informed of the likelihood of a need for a local plan inquiry. This will allow it to be included in the forward programme of Reporters' commitments.

Making objections and representations

10. The advertisement will set out the address to which objections or supporting representations are to be sent and the date before which they must be submitted if they are to be considered. This date will be a minimum of 6 weeks from the date on which the plan is placed on deposit. In exceptional circumstances the planning authority may agree to accept a late objection, for example where it relates to a matter which is already the subject of objection. The Reporter has no authority to accept a late objection, unless the planning authority agrees.

11. An objection to a local plan must be made in writing and must contain the name and address of the objector together (preferably) with a telephone number where contact can be made during office hours. The objection should state:

• the precise matters to which the objection relates by reference to a specific paragraph number, policy or proposal in the local plan, or to the grid reference and land use allocation of an item shown on the proposals map; it should be noted that objections should be on land use planning grounds and can relate to the text of the plan, the content of the proposals map, or to an omission of some matter from the plan;

• the grounds on which the objection is made and the details of the change that is sought, i.e. the revised wording or map allocation that would be an acceptable alternative or an addition to correct an omission;

• whether the objection may be considered on the basis of a written submission, rather than being presented and discussed at any local plan inquiry. Objections proceeding by written submissions will be given full consideration and this will normally be carried out by the Reporter, who will cover the matter in the report and make recommendations to the planning authority. The status of objections considered in this way is no different to those heard at any inquiry, and it is a more efficient way of considering objections that do not require investigation of complex issues;

• if the objector wishes to be heard at a local plan inquiry, whether he/she is prepared to group with other objectors concerned about the same issue;

• whether the objector intends to be professionally represented at the inquiry and if so, the name, address and details of their agent, if available.

12. A model form for objections and representations is included as an Appendix to this Code. A similar form will be made available at the places where the plan is on deposit and objectors should use it to ensure that the planning authority has the information necessary to consider each objection. To assist in the preparations for the inquiry a separate form should be used for each of the matters of objection. It is for the planning authority to decide whether an objection has been duly made. In particular, the planning authority has the discretion not to accept an objection which is considered to be frivolous or irrelevant.

13. After the closing date, copies of all the objections and representations made will be available for inspection at the offices of the planning authority and at any other convenient locations specified by them. This allows objectors to identify others with a common interest so that they can jointly seek to resolve matters with the planning authority, or present their case jointly at any inquiry. No objection can be treated as confidential.

14. If the planning authority considers that insufficient information has been provided to explain an objection the objector should be asked to supply additional information. Planning authority officials should, where appropriate, meet objectors to correct misunderstandings and to discuss the scope for agreed changes that might result in the withdrawal of objections.

Consideration of objections

15. All relevant objections will be sifted and analysed. This should be done by a senior officer who is competent to assess the subject matter of each objection. Matters of objection should be numbered individually for each item, so that each point has a separate number where more than one objection is contained in the same submission. The planning authority should produce a summary list of the policies, proposals, and other local plan matters which are the subject of objection, by whom, and why. This should also include a statement of the authority's initial response to each representation. This consideration should be made available to parties within 5 weeks of the end of the objection period so that objectors can confer on matters of mutual concern.

16. In certain cases where there are only limited matters to resolve or perhaps very few objectors to an authority's proposals it may be appropriate to arrange a Hearing before a Reporter rather than a full local plan inquiry. Hearings can allow a more informal approach than the inquiry process. Nevertheless the principles set out in this Code, designed to ensure that the process operates as efficiently and effectively as possible, should apply.

17. If an objector does not wish to be heard at an inquiry the objection can be considered on the basis of written submissions. It is recommended that all such objections are placed before the Reporter for consideration and recommendation. This also reduces the likelihood of a further inquiry if an objection leads to a proposed modification of the plan.

18. Where an inquiry is taking place into objections to other matters in the plan, the objections proceeding by written submissions should have their place in the inquiry timetable. At the inquiry, the Reporter can seek any necessary clarification from planning authority officials. If necessary, any additional material can be circulated to interested parties after the inquiry, with an opportunity to lodge any final responses.

19. If all objectors opt for the written submissions method and no local plan inquiry is to be held it is still recommended that the submissions are considered by a Reporter at the request of the planning authority.

Programme officer

20. For all inquiries expected to last more than 1-2 days, the planning authority should appoint a programme officer with suitable administrative experience to assist in the management and organisation of the inquiry. The person appointed may be a member of the planning authority's staff, but should not have been substantially involved in the preparation of the plan, or an external contract appointment. He or she must be seen as an impartial officer of the inquiry and will work directly for the Reporter, acting as the initial point of contact for all parties. He/she should therefore be in post, at least on a part-time basis, from the end of the period for lodging objections, and certainly before any pre-inquiry meeting is held. His/her name and business telephone number should be made available.

21. Once appointed, the programme officer will, in consultation with the Reporter:-

• deal with general correspondence relating to the inquiry arrangements;

• maintain lists of objections;

• establish the nature of the cases to be presented, including whether witnesses are to be called;

• draw up a provisional programme and timetable (if this has not been done already), showing the running order for hearing the objections and how long the inquiry is likely to last;

• bring together objectors with a common interest;

• arrange for the exchange of documents by and between parties both before and during the inquiry;

• manage the day-to-day programme during the inquiry;

• arrange the Reporter's accompanied site inspections.

22. The programme officer will be available throughout the inquiry for consultation about the arrangements either in person or by telephone. Objectors do not have to be present throughout the inquiry but the responsibility for keeping in touch with progress - since the inquiry may proceed either faster or slower than anticipated - lies with those wishing to appear. If there are any significant changes in the programme the programme officer will try to inform those who are affected.

Appointment of the Reporter

23. The planning authority will appoint a Reporter to hold the local plan inquiry from The Scottish Office Inquiry Reporters Local Plans Panel, a list provided by the Secretary of State. The Reporter will be selected after the end of the deposit period, so that he/she can become involved in the inquiry arrangements once the volume and range of objections is known. The Reporter should be supplied with copies of the plan, the statements on publicity and consultation, objections and related correspondence, and any other relevant documents (or extracts) such as the structure plan for the area.

Inquiry programming and the procedure meeting

24. Where there are complex issues and/or a large number of objectors, the planning authority will normally arrange a pre-inquiry procedure meeting which will be chaired by the Reporter. The meeting will be advertised, and objectors who have indicated their intention to appear at the inquiry should receive individual invitations to attend. The procedure meeting is a crucial element in achieving efficiency in the inquiry process, and all important procedural matters should be raised at this meeting rather than shortly before or during the inquiry.

25. The purpose of the meeting is to:

• discuss the provisional timetable and other arrangements for the inquiry;

• answer any queries that objectors may have on practical matters;

• identify areas of agreement and disagreement to be defined before the inquiry;

• consider whether there is a need for prepared statements of evidence or precognitions to be lodged and circulated before the inquiry begins;

• set dates for the pre-inquiry exchange of documents by and between parties, including witness precognitions, statements of case and productions, and topic papers by the planning authority where a number of objections are interrelated;

• agree the means of achieving these exchanges.

26. Parties should attend the pre-inquiry meeting with a clear view of the case that they intend to present to the inquiry and also of the availability of clients, witnesses and specialist advisers, including legal representatives, if they are to be called in the presentation of the objector's case. In complex cases, in particular, it is important that all parties should have as much prior notice as possible of the evidence which others will submit to the inquiry. The Reporter may therefore request participants, particularly principal parties and expert witnesses, to prepare a statement of the evidence which they will lead and to submit this to the Reporter by a particular date for inspection in advance of the inquiry commencing. Such statements should also be circulated to other parties to the inquiry, as prescribed at the procedure meeting.

27. The probable date for the start of the local plan inquiry will have been selected by the planning authority and the Reporter. In some cases, the planning authority may consult with major objectors about the choice of date. The procedure meeting should preferably have taken place at least 10-12 weeks before the inquiry to:

• give objectors adequate notice of when their part of the inquiry is likely to take place;
• allow time to commission any further work that may be required;
• allow time to co-ordinate analysis or to produce agreed statements of fact relating to, for example, matters such as the effective land supply for housebuilding;
• allow sufficient time to enable documents to be exchanged and studied.

28. At the pre-inquiry meeting the inquiry programme will be discussed and the Reporter will explain the procedure to be followed. In large and complex cases the draft timetable will be circulated to parties before the pre-inquiry meeting as a basis for discussion. Each subject of objection will be assigned to a particular day, and possibly to the morning or afternoon if it is expected to be a short item. In certain circumstances the Reporter may consider it appropriate to arrange a limited session of the inquiry in the evening, for the benefit of those who find it particularly difficult to attend during the day.

29. Once the timetable has been agreed, changes to it affecting specific topics of objection will not be made without discussion with participating parties. As each topic of objection is dealt with separately it may be necessary for objectors to attend on different days if they are concerned about a variety of matters which are also the subject of objection by others. Every effort will be made to avoid keeping people waiting and participants are asked to co-operate in meeting the inquiry timetable.

Pre-inquiry negotiations

30. Possible changes made as a consequence of agreements struck with objectors in advance of the inquiry can sometimes prejudice the position of those in support of the initial approach of the plan. Where the planning authority proposes to make changes to the plan as a consequence of such agreements these should be advertised and notified to all those with a known interest in the matter, including owners and occupiers of affected land. This should normally be done not less than 8 weeks before the inquiry. The reasons for the proposed changes should be stated, and a reasonable period allowed for further representation from others who may be adversely affected. An objector who is satisfied by the planning authority's suggested change should indicate in writing that this is the case. Nevertheless, the original objection will still be considered at the inquiry, together with the agreed change and any counter-representations.

31. Where insufficient time is available before the inquiry to advertise the proposed changes, the planning authority should make every effort to ensure that any objectors or third parties affected by them are told and given the opportunity to comment. The Reporter will then be aware of whether these changes are likely to be contentious. All proposed modifications to the plan, whether resulting from pre-inquiry negotiations or recommendations from the Reporter following an inquiry, must in any event be formally advertised after the inquiry, so that the position of all interested parties is safeguarded.

32. An objector can withdraw the objection at any time by writing to the planning authority. Once an objection has been withdrawn no further action will be taken on it, unless it is linked to a proposed modification of the plan.

Alternative sites

33. Objectors sometimes suggest alternative sites for developments proposed in the plan. Where an objector proposes to do this, he/she should notify the planning authority and the Reporter either at the procedure meeting or in writing beforehand. Consideration will then be given as to how the owner of any land affected by the objection is to be informed of the change that is being sought. There will be limits to the extent to which the Reporter will allow alternatives to be considered because the inquiry is concerned with the published plan and the objections to it, and not with alternative proposals. The requirement to advertise proposed modifications is a further safeguard for those who may be adversely affected.

Exchange of documents

34. As part of the preliminary documentation, the planning authority will prepare a series of statements, giving a summary of its initial response to each matter of objection. This will explain what changes to the plan might be accepted, or give details of the authority's reasons for not responding positively to the objections. If a number of objections cover related matters, such as housing sites, the planning authority may prepare a wider background document embracing all relevant objections. The Reporter will also consider whether statements in amplification should be requested, and at what time, from an objector or from any other person or organisation, including Government departments and agencies, who may have relevant information to put forward on the matters at issue.

35. The planning authority, at least 4 weeks before the inquiry starts or by some earlier date agreed with the Reporter, will prepare and place on deposit a master schedule of documents (known as productions) which will be referred to in the course of the evidence. All the main core documents applying to the plan in general, and a master set of the productions relating to individual objections, should be placed on deposit and made available for inspection. The particular documents relating to a specific objection should also be sent to the objector concerned, wherever practicable.

36. At least 2 weeks before the inquiry starts (subject to any timetable agreed with the Reporter) participants should lodge copies of any productions to which they will refer. Objectors may also be asked by the Reporter to lodge statements of evidence by this date. Any such request will have been discussed by the Reporter at the pre-inquiry meeting. This sequence gives a 2 week period for objectors to study the planning authority's material and to refine their own statements. At the inquiry, there should be spare copies of witnesses' statements for the convenience of other people taking part in the inquiry. If there is any difficulty in supplying copies or extracts of documents, objectors should contact the programme officer. A full set of productions should be available for reference at the inquiry.

37. These arrangements do not prevent the introduction of additional arguments and documents during the inquiry in response to matters raised by other parties or by the Reporter. Alterations to the scope and nature of an objector's case may result from changes agreed by the planning authority, and also from consideration of the authority's statement. However the inquiry will be shorter, and run more smoothly, if both sides have had adequate advance notice of the case that they have to meet. This is of benefit to all concerned.

38. It is particularly important that, after the procedure meeting and before the inquiry opens, all parties keep to the programme they have agreed with the Reporter. If, for example, there is slippage in the circulation of the planning authority's pre-inquiry statements, it could lead to corresponding slippage in the responses of all of those dependent on them. This may have the result that other parties are denied adequate time to prepare.

The Local Plan Inquiry

Notification of the inquiry arrangements

39. The planning authority must give at least 4 weeks notice of the date of the local plan inquiry by publishing details in a newspaper circulating in the locality. The notice must state where and when the inquiry is to take place and give details of the intended timetable so that members of the public can see which matters are to be considered on which days. At the same time, the planning authority is also required to inform each objector individually about the inquiry arrangements, and should inform any other party with an interest. It is recommended that all parties are sent a copy of the inquiry timetable and a list of the proposed changes to the plan.

Concurrent inquiries

40. On some occasions a development which is the subject of a planning appeal may be relevant to objections to a local plan and vice versa. In these situations it may be appropriate, subject to the agreement of the parties concerned, to arrange a concurrent public local inquiry to avoid the duplication that is likely to occur if the procedures operate separately. If concurrent inquiries are to be arranged the details will be explained at the pre-inquiry meeting.

41. The effect of this arrangement is that one or more days of the local plan inquiry also serve the purpose of an inquiry into a planning application which has come before the Secretary of State under the planning appeal procedure (Sections 32 or 33 of the 1972 Act), or which has been called-in for the Secretary of State's determination (Section 32 of the Act). The Reporter serves 2 functions during this period, producing 2 separate but consistent reports from the same evidence, one addressed to the planning authority, the other to Secretary of State. In appeal cases responsibility for the Secretary of State's decision may be delegated to the Reporter, in which case a decision letter rather than a report will be prepared.

42. The planning authority will retain responsibility for the administration and conduct of the local plan inquiry in accordance with this Code, while The Scottish Office Inquiry Reporters Unit will handle the additional arrangements and statutory procedures required by the Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1980 or the Town and Country Planning Appeals (Determination by Appointed Persons) (Inquiries Procedure) (Scotland) Rules 1980, as appropriate.

Accommodation for the inquiry

43. The venue for the inquiry will be decided between the planning authority and the Reporter. It will be in a location which is related to the objections and suitable for the purpose. It should be accessible and convenient for members of the public, taking account of the need for disabled access and proper acoustics, but should be consistent with the need for economy in the use of public funds. Smoking is not permitted. For a local plan covering a large area where there are significant numbers of objections at different locations, it may be appropriate for the inquiry to take place at more than one venue.

44. Wherever possible, the layout of the inquiry room should allow the objectors giving evidence, the planning authority's representatives and the Reporter to site in close proximity, but audible to any members of the public who are following the proceedings. The intention is to create an informal atmosphere for discussion, rather than a formal court or council chamber layout. There should be display boards for plans and illustrations in a visible position.

Site inspections

45. Before an inquiry the Reporter will usually make an unaccompanied general tour of the area covered by the local plan. He/she may also make an unaccompanied inspection of any site which is relevant to the inquiry before, during or after the inquiry, without giving notice of this intention to the parties. The Reporter may also inspect any site under consideration at the inquiry, or any alternative site mentioned at the inquiry, in the company of such of the parties as wish to accompany him, including those resting on written submissions. In all cases where the Reporter intends to make an accompanied site inspection he will announce during the inquiry the date and time at which he proposes to do so.

46. The purpose of site inspections is to see the physical circumstances and features referred to in the inquiry evidence and written submissions. The Reporter cannot receive additional evidence or submissions during a site inspection. Participants should therefore restrict their contribution to pointing out the physical features that are mentioned in their submissions.

The local plan inquiry

47. At the start of the inquiry the Reporter will explain the procedure to be followed, outline the timetable for the inquiry and deal with any other matters which have to be brought to the attention of parties. The Reporter will ensure that everyone concerned has access to all of the relevant information.

48. The Reporter will decide how the proceedings are to be conducted and will ensure that the inquiry follows the well established principles of impartiality, openness and fairness. The inquiry will be as informal as possible and participants will be allowed to present their case in their own way. Although it is open to objectors to be professionally represented if they so wish, there is generally no need for such representation at the inquiry as the Reporter listens carefully to everyone. The objective is not to stage any kind of judicial arbitration between opposing parties, but to give the Reporter the opportunity to reach recommendations having regard to the authority's proposals and any relevant objections made by interested parties.

49. The Reporter will maintain customary standards of order and will discourage repetition so as to ensure that the inquiry is completed in the shortest timetable consistent with each of the parties having a fair hearing. Local plan inquiries are covered by the provisions of section 267 of the 1972 Act, and also by the Tribunals and Inquiries Act 1992. This gives the Reporter powers to require attendance, for evidence to be given on oath if appropriate, and various other matters.

50. Each topic of objection is considered in turn at the inquiry. The Reporter will wish to be informed of the relevant facts and arguments in relation to each of the objections. The planning authority may make a short opening submission at the start of a session to explain any changes which it considers appropriate in the light of the formal objections and to bring matters up to date where there have been continuing discussions. However, the merits of these proposed changes will still be considered at the inquiry. The normal procedure then is that the objector(s) make their submissions to the inquiry, the planning authority responds, and the objector has the right of reply. The evidence on behalf of each objector may be presented by one or more witnesses, each speaking from a prepared statement. Where a number of objectors are each making a submission about different aspects of the same issue, the planning authority may make a single composite reply. Where the Reporter considers that there would be merit in hearing representations in support of the plan policies or proposals he will hear these after the planning authority has presented its case.

51. Where all participating parties have already read the preliminary statements, there is no need for them to be re-read at the inquiry unless the Reporter considers that it would be helpful to do so or where any party would be prejudiced by not doing so. All persons giving evidence or expressing opinions to the Reporter may be asked questions by participants who support a different view. The Reporter may question witnesses directly. There will usually be an opportunity for those participating to make a closing submission at the end of the session on each topic of objection.

Objectors' expenses

52. In common with other planning proceedings, parties are responsible for meeting their own expenses and those of their advisers. There is no provision for the award of costs for or against any party at a local plan inquiry held by a Reporter on behalf of a planning authority.

After the Inquiry

New evidence after the inquiry

53. If any new information is received by the Reporter after the close of the inquiry but before the report has been completed, he/she will decide whether the additional information is significant to consideration of the matter. If so, the interested parties will be notified and invited to comment on the extra information within a specified period. The matter will then either be reported and taken into account by the Reporter in reaching recommendations, or taken into account by the planning authority when considering the report.

Procedure after the inquiry

54. The Reporter will prepare a report for the planning authority, not for the Secretary of State. The reason for this is that Parliament has given responsibility for most local planning decisions to planning authorities. The level of detail required in the report will be agreed between the Reporter and the planning authority prior to the start of the inquiry as will, as far as possible, the layout of the report although this may change according to the evidence heard. Unless the planning authority requires a full summary of evidence the report will be restricted to a very brief summary of the main points of evidence, which will already be known to the authority and the relevant objector. It will also give the Reporter's conclusions and recommendations on the merits of each of the matters of objection. These will include not only the objections and representations heard at the inquiry but also those before the Reporter to be dealt with as written submissions. Recommendations may be made as to modifications which ought to be considered, including matters which might be deleted.

55. The final report will therefore include:

• a short description of each matter explaining what is in dispute;
• the Reporter's conclusions and recommendation on each matter;
• a list of proposed modifications to the plan;
• a list of the persons who appeared at the inquiry;
• a list of the productions lodged.

56. The planning authority will consider the Reporter's conclusions and recommendations and decide what action to take in relation to the plan as a whole - since one option is abandonment - and also to each matter of objection. The planning authority is responsible for the final content of the local plan, and is therefore not obliged to accept the Reporter's recommendations. The authority will set out its response to each of the Reporter's recommendations in a statement, giving their reasons for accepting or rejecting each recommendation. The contents of the report may be made public by the authority during their consideration of the recommendations, and this can be particularly helpful where appeal cases are proceeding in parallel. The local plan regulations require that both the report and the planning authority's statement are made available no later than when notice is first given of proposed modifications, or of an intention to adopt the plan without modification.

57. If the planning authority proposes to make modifications to the plan, derived either from agreements reached with objectors or recommendations made by the Reporter then, with the exception of minor matters which do not materially affect the policies and proposals contained in the plan, these must be publicised and the opportunity giving for objection to them. The procedures for advertisement, deposit and objection are generally similar to those referred to at paragraphs 8-14, with the exception that the authority is bound to notify separately those objectors who have not withdrawn their objections to the deposited plan.

58. Any person or organisation may object to or make representations in support of the proposed modifications to the plan, including the decision of the planning authority not to accept a recommendation made by the Reporter. However, objections cannot be lodged at this stage to the content of the original plan.

59. The arrangements for this second stage of objections to proposed modifications are similar to those followed when the plan was originally placed on deposit. Once the objection period has finished the authority will consider all of the submissions and decide whether it is necessary to hold a further local plan inquiry. A further inquiry will only be required where a proposed modification has generated objections on a matter which has not already been considered at inquiry. Thus an inquiry into a proposed modification will not be necessary if it has resulted from a recommendation made by the Reporter, unless there has been a material change in circumstances. The same procedures apply to an inquiry into objections to proposed modifications as those applying to an inquiry into objections to the deposited local plan.

Adoption

60. Once the planning authority has considered the report of the inquiry, and any representations in response to proposed modifications, it can take steps to adopt the local plan. Notice of intention to adopt the plan must be advertised in a local newspaper. The Secretary of State and anyone who objected to either the plan or the proposed modifications, and who has not withdrawn that objection, must also be notified. The published notice should state that the planning authority intends to adopt the plan, either as originally proposed, or as modified, on a specified date. That date must be at least 28 days after the advertisement. The notice must also indicate where and when reference can be made to a copy of the local plan, the report of the local plan inquiry, and the authority's statement of responses to the Reporter's conclusions and recommendations, or on the matters of objection if no inquiry was held. Copies have to be made available for reference at the offices of the planning authority and in any other locations considered appropriate. Where numbers permit, the statement or an appropriate extract from it should be sent to each objector.

61. Subject to any direction by the Secretary of State the planning authority is free to adopt the plan on the date specified in the notice. A notice indicating that the plan has been adopted and of the date on which it became operative has to be published. In addition, certified copies have to be served on the Secretary of State. The planning authority must send an individual notice of adoption to anyone who asked to be notified of the final decision on the plan. The planning authority will make printed copies of the final form of the plan, including the proposals map, available for sale at reasonable charge. It will also be made available for reference during reasonable hours at the authority's offices.

Other Matters

Involvement of the Secretary of State

62. At any time after notification that the plan is in preparation and before adoption, the Secretary of State may direct the authority to consider modifying the plan or that the plan shall not have effect unless approved by him. This is an exceptional occurrence likely to be prompted, for example, where national policy considerations are concerned, where matters of national security are involved or where there is a clear and irreconcilable failure of the planning authority to act in accordance with the Regulations. But, if the Secretary of State directs that the plan is to be dealt with by him, it will be processed according to the terms of this Code, taking into account any actions already taken by the planning authority.

Government departments

63. Where a Government department or agency is an objector, the guidance contained in this Code applies to them as it does to all parties. Any participant in a local plan inquiry can request that a departmental witness appears to give evidence about the objection. Any such request ought to be made before or at the procedure meeting, so that a statement from the department can be circulated for consideration prior to the inquiry. A request for a departmental contribution will not be entertained any later than 4 weeks before the start of the inquiry, unless the emergence of new information makes this impracticable. Departmental witnesses may be questioned on fact or expert opinion, but not on the merits of Government policy.

Complaints Procedure

64. Anyone who considers that the planning authority have failed to comply with a statutory requirement or with the guidance contained in this Code should write to the authority in the first instance. If the matter cannot be resolved the Commissioner for Local Administration in Scotland (the Local Ombudsman) may be able to assist in the case. The Ombudsman's office is at 23 Walker Street, Edinburgh, EH3 7HX. However, the Ombudsman can only examine and comment on procedural matters, not on the planning or technical merits of the plan or any objections.

65. Any comment or complaint with regard to the conduct of a local plan inquiry should be addressed to the Chief Reporter, The Scottish Office Inquiry Reporters Unit, 2 Greenside Lane, Edinburgh, EH1 3AG.

Legal Challenge

66. If any person wishes to question the validity of a local plan on the grounds that it is outwith the powers conferred by statute, or that the requirements of the existing legislation have not be complied with, it is open to them under Section 232 of the Town and Country Planning (Scotland) Act 1972 to make application to the Court of Session within 6 weeks of the publication of the Notice to Adopt the plan. On any such application the Court of Session may wholly or in part suspend or quash the plan, either generally or in so far as it affects the property of the applicant.