85.—(1) Subsection (2), (3), (4), (5) and (6) shall, upon the passing of a resolution by the planning authority concerned, be complied with in relation to the scheme specified in the resolution.

(2) The planning authority shall, as soon as may be after the passing of a resolution under subsection (1)—

(a) notify in writing the Minister, the Board and such other persons as may be prescribed, of the preparation of the scheme,

(b) send copies of the scheme to each of the persons referred to in paragraph (a), and

(c) publish a notice of the preparation of the scheme in one or more newspapers circulating in the city or town concerned.

(3) A notice under subsection (2) shall—

(a) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and a copy of the scheme shall be kept available for inspection accordingly), and

(b) invite submissions or observations in relation to the scheme within such period (being not less than 8 weeks) as is specified in the notice.

(4) (a) Where the scheme prepared under subsection (1) includes an objective or provision relating to—

(i) the co-ordination, upgrading or changing of specified shop frontages,

(ii) the control of the layout of specified areas, the density, building lines and height of specified structures and the treatment of spaces around and between specified structures,

(iii) the control of the design, colour and materials of specified structures,

(iv) the promotion of the maintenance, repair or cleaning of specified structures,

(v) the control of the use or uses of any specified structure or other land in the area,

(vi) the discontinuance of the existing use of any specified structure or other land,

(vii) the development or redevelopment of specified derelict or vacant sites, or

(viii) the control of specified advertisement structures or of the exhibition of specified advertisements,

the planning authority shall, as soon as may be after the making of a resolution under subsection (1), notify in writing each person who is the owner or occupier of land thereby affected, of the objective or provision concerned.

(b) A notice under paragraph (a) shall refer to the land concerned and shall—

(i) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the proposed objective or objectives,

(ii) indicate the place or places at which, and the period (being not less than 8 weeks) during and times at which, a copy of the scheme may be inspected (and the copy shall be kept available for inspection accordingly), and

(iii) invite submissions or observations in relation to the proposed objective or provision within such period (being not less than 8 weeks) as is specified in the notice.

(5) (a) Not later than 12 weeks after giving notice under subsection (2) and, where appropriate, a notification under subsection (4), whichever occurs later, the F486[chief executive] of a planning authority shall prepare a report on any submissions or observations received in relation to a scheme prepared under subsection (1) and shall submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons who made submissions or observations in relation to the scheme,

(ii) give a summary of the matters raised in those submissions or observations, and

(iii) include the response of the F486[chief executive] to the submissions or observations.

(6) In responding to submissions or observations made in relation to a scheme prepared under subsection (1), the F486[chief executive] of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government.

(7) A planning authority may, after considering a scheme prepared under subsection (1) and the report of the F486[chief executive] under subsection (5), by resolution, approve the scheme with or without modifications, or refuse to so approve, and a scheme so approved shall be known as and is referred to in this Part as an “approved scheme”.

(8) An architectural conservation area, or that part of an architectural conservation area, to which a scheme approved by a planning authority under subsection (7) applies shall be known as and is referred to in this Act as an “area of special planning control”.

(9) (a) Where a planning authority approves a scheme under subsection (7), it shall publish a notice thereof in one or more newspapers circulating in the city or town concerned.

(b) A notice under paragraph (a) shall indicate the place or places at which, and times during which, an approved scheme may be inspected (and a copy thereof shall be kept available for inspection accordingly).

(c) A planning authority shall send a copy of the scheme to the Minister, the Board and such other persons as may be prescribed.