Town and Country Planning (Scotland) Act 1969

Owner's and lessee's rights on refusal of consent to works

42 Purchase notice on refusal or conditional grant of listed building consent

(1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 4 to this Act, listed building consent is revoked or modified, then if any owner or lessee of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state; and

(b) in a case where consent was granted subject to conditions with respect to the execution of the works, or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

(c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Secretary of State have undertaken to grant such consent,

he may, within the prescribed time and manner, serve on the local planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with Part III of Schedule 4 to this Act.

(2) A notice under this section is in this Act referred to as a " listed building purchase notice ".

(3) In this section and in Part III of Schedule 4 to this Act, " the land" means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner or lessee serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned or occupied with it, being land as to which the owner or lessee claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

(4) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) of subsection (1) above are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of new development or of any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Secretary of State have undertaken to grant such consent.

43 Compensation for refusal of consent to alterations etc.

(1) The provisions of this section shall have effect where an application is made for listed building consent for the alteration or extension of a listed building and—

(a) either the works do not constitute development or they do so but the development is such that planning permission therefor is granted by a development order; and

(b) the Secretary of State, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.

(2) If, on a claim made to the local planning authority within the prescribed time and manner, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted, or had been granted unconditionally, as the case may be, the local planning authority shall pay to that person compensation of an amount equal to the difference.

(3) In determining, for the purposes of subsection (2) above, whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally—

(a) it shall be assumed that any subsequent application for the like consent would be determined in the same way; but

(b) if, in the case of a refusal of listed building consent, the Secretary of State, on refusing that consent, undertook to grant such consent for some other works to the building in the event of an application being made in that behalf, regard shall be had to that undertaking.

(4) No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served, whether under section 17, or under that section as applied by section 20(4), of the Act of 1947 or under section 42 above, being a purchase notice which takes effect.