Town and Country Planning (Scotland) Act 1969

PART II Specific Adaptations, Amendments and Modifications

The Town and Country Planning (Scotland) Act 1945 (c. 33)

8 In section 18(4) (consent of Secretary of State to disposal or appropriation of certain land) after the word " section " there shall be inserted the words " or of land acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

9 In section 18(5) (special provisions as to land comprised in an area of comprehensive development) for the words " comprised in an area defined by a development plan as an area of comprehensive development" there shall be substituted the words " acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

The Town and Country Planning (Scotland) Act 1947 (c. 53)

10 Any reference to section 35 of the Act shall be construed (according as the context may require) as including, or as being replaced by, a reference to section 29 of this Act.

11 In section 12 (applications for planning permission)—

(a) in subsection (1), after the word " provisions " (where first occurring) there shall be inserted the words " of sections 66 and 67 of the Act of 1969 and ";

(b) in subsection (3)(a), after the word " authority " there shall be inserted the words " either indefinitely or ".

12 In section 17 (obligation to purchase land on refusal of planning permission in certain cases), the following amendments shall be made:—

(a) after subsection (1A) of that subsection there shall be inserted the following subsection:—

“(1AA) Where the local planning authority upon whom a purchase notice is served under this section do not, within the period specified in subsection (1A) above, serve a notice under that subsection on the owner by whom the purchase notice was served, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof at the expiration of the said period.”;

(b) in subsection (1B), for the words "the last foregoing subsection " (in both places where they occur) there shall be substituted the words " subsection (1A) above ";

(c) in subsection (3), the words " the end of the period specified in subsection (1A) of this section " and the words " whichever is the earlier " shall cease to have effect;

(d) in subsection (7), after the word " purpose " there shall be inserted the words " or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing ".

13 In section 22 (supplementary provisions as to enforcement)—

(a) in subsection (1), for the words "sheriff under the last foregoing section" there shall be substituted the words " Secretary of State ";

(b) in subsection (2) for the words " any development" there shall be substituted the words " any breach of planning control (as defined by section 15 of the Act of 1969)

and for the words " by whom the development was carried out " there shall be substituted the words " by whom the breach of planning control was committed ".

14 In section 23(1) (agreements regulating development or use of land), the words " with the approval of the Secretary of State " shall be omitted.

15 In section 28(4) (duty of Secretary of State to notify owner etc. of building when it has become, or ceased to be, listed), for the words "the Secretary of State shall serve a notice " there shall be substituted the words " the local planning authority concerned in whose district the building is situated, on being informed of the fact by the Secretary of State, shall serve a notice in the prescribed form ".

16 In section 29(1)(d) (enforcement of control of advertising), after the words " this Act" there shall be inserted the words " or Part II of the Act of 1969 ".

17 In section 29(4) (definition of areas of special control in connection with advertisements), the words from " either" to first " or " shall be omitted.

18 In section 30(2) (compensation for restrictions on advertising), for the words " the date on which the regulations come into force " there shall be substituted the words " 16th August 1948 ".

19 In section 32(3) (local authority land), after the words " this Part of this Act", where they first occur, there shall be inserted the words " and Part II of the Act of 1969 ", and after the words " this Part of this Act", where they subsequently occur, there shall be inserted the words " or Part II of the Act of 1969 ".

20 In section 38(5) (acquisition by agreement of buildings of architectural or historic interest), for the words from " any building " to the end of the subsection there shall be substituted the following paragraphs :—

“(a) any building appearing to them to be of special architectural or historic interest; and

(b) any land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.”

21 In section 39(1) (appropriation of land for planning purposes), the words " specified in a development plan (being a purpose " shall cease to have effect.

22 In section 42(1) (objections to compulsory purchase orders), for the words from the beginning to " purpose" there shall be substituted the words " Where it is proposed that land should be acquired compulsorily under section 29 or 30 of the Act of 1969 ".

23 In section 73(2) (authorisation of existing development), for the words " Part II of this Act" there shall be substituted the words " Part II of the Act of 1969 ".

24 In section 78(1) (power to modify Act in relation to minerals), after the words " of this Act" there shall be inserted the words " and of the Act of 1969 ".

25 In section 83 (Crown land), the following amendments shall be made:—

(a) in subsection (3)(a), for the words " twenty-one, twenty-four, twenty-six, twenty-seven or thirty-one of this Act" there shall be substituted the words " 24, 26 or 31 of this Act or section 15 or 44 of the Act of 1969 ";

(b) in subsection (4), after the word " Act" there shall be inserted the words " or section 42 of the Act of 1969 ";

(c) for subsection (5) there shall be substituted the following subsections:—

“(5) No enforcement notice shall be served under section 15 of the Act of 1969 in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

(5A) No enforcement notice under section 44 of the Act of 1969 shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.”

26 In section 86(1) (application to National Coal Board of provisions of the Act of 1947 relating to statutory undertakers), after the words " of this Act" (where first occurring) there shall be inserted the words " or of the Act of 1969 ".

27 In section 93 (contributions by Ministers towards compensation paid by local authorities), after the words " section seventeen of this Act)" there shall be inserted the words " or Part II, III, or V of the Act of 1969 ".

28 In section 94(1)(b) (contribution by local authorities and statutory undertakers), at the end there shall be added the words " or Part II or Part V of the Act of 1969 or Schedule 4 to that Act ".

29 In section 95(2) (expenses of local authorities), for the words " section thirty-four of this Act" there shall be substituted the words " the Act of 1969 ".

30 Section 96 (default powers of Secretary of State) shall be amended as follows:—

(a) in subsection (1), for the words from "an enforcement notice " to " section 31 of this Act" there shall be substituted the following words—

“(a) an enforcement notice under section 15 of the Act of 1969 or under the provisions of that section as applied by regulations made under section 29 of this Act; or

(b) a notice under section 31 of this Act; or

(c) a stop notice under section 20 of the Act of 1969 ; or

(d) an enforcement notice under section 44 of that Act; or

(e) a completion notice under section 69 of that Act; should be served ", and for the words in the proviso from " an enforcement notice " to " this Act" there shall be substituted the words " an enforcement notice under section 15 or 44 of the Act of 1969 which is served by the Secretary of State, the provisions of section 22 of this Act or, as the case may be, sections 45 and 46 of that Act”;

(b) for subsection (4)(a) there shall be substituted the following paragraph:—

“(a) that the council of a county or a burgh have failed to take steps for the acquisition of any land which, in the opinion of the Secretary of State, ought to be acquired by that council under section 29 of the Act of 1969 for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated, or”.

31 Section 99 (powers of entry) shall be amended as follows:—

(a) at the end of subsection (1)(c) there shall be added the words " or to serve any notice under Part II or Part V of the Act of 1969 ";

(b) after that subsection there shall be inserted the following subsections:—

“(1A) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 28 of this Act.

(1B) Any person duly authorised in writing by the Secretary of State or a local planning authority may at any reasonable time enter any land for the purpose of ascertaining whether, with respect to any building on the land, an offence has been, or is being, committed under Part V of the Act of 1969, or whether the building is being maintained in a proper state of repair”;

(c) in subsection (2), for the words from " a Minister " to " so designated " there shall be substituted the words " a local authority or Minister authorised to acquire land under section 29 or 30 of the Act of 1969 ";

(d) in subsection (3)(a), at the end there shall be added the words " or under the Act of 1969 ".

32 In section 105(1) (determination of disputes as to compensation), after the words "compulsory acquisition of land)" there shall be inserted the words " or under Part II or Part V or section 91 of the Act of 1969 ".

33 In section 113(1) (interpretation), after the definition of "Act of 1945 " there shall be inserted the following—

• “' Act of 1969 ' means the Town and Country Planning (Scotland) Act 1969;”.

34 In paragraph 1 of Part III of Schedule 1 (joint advisory committees for advising constituent authorities as to preparation of development plans etc.), the reference to development plans shall be construed as a reference to structure plans and local plans.

35 In Schedule 4, in paragraph 1, after the words "of this Act" there shall be inserted the words " or under Part V or section 91 of the Act of 1969 ".

36 In Schedule 5 (development by statutory undertakers), the following amendments shall be made:—

(a) in paragraph 1(1), after the words " such an application " there shall be inserted the words " or such an application is deemed to be made under section 16(7) of the Act of 1969 on an appeal under that section by statutory undertakers ";

(b) after paragraph 1(1) there shall be inserted the following sub-paragraph:—

“(1A) An application for planning permission which is deemed to have been made by virtue of section 19(5) of the Act of 1969 shall be determined by the Secretary of State and the appropriate Minister.”

The Building (Scotland) Act 1959 (c. 24)

37 Section 17(2) (restriction on demolition requirement or on requirement as to operations to be carried out) shall be amended as follows:—

(a) for paragraph (b) there shall be substituted the following paragraph—

“(b) subject to a building preservation notice under section 48 of the Town and Country Planning (Scotland) Act 1969”;

(b) in paragraph (c) for the words " said Act of 1947 " there shall be substituted the words " Town and Country Planning (Scotland) Act 1947 ";

(c) after the words " Act of 1931 " there shall be inserted the words " the said Act of 1969 ".

Town and Country Planning (Scotland) Act 1959 (c. 70)

38 In section 31 (proceedings for challenging validity of certain orders and decisions), the following amendments shall be made :—

(a) at the end of subsection (3) there shall be added the following paragraphs—

“(f) any order under section 22 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 (extinguishment of right of way);

(g) any order under section 26 of the said Act of 1945 (relief for statutory undertakers);

(h) any order under section 46 of the Act of 1947 (stopping up and diversion of highways);

(i) any order under section 90 of the Act of 1969 (stopping up and diversion of highways);

(j) any order under section 91 of the Act of 1969 (conversion of highway into footpath or bridleway);

(k) any order under section 93 or 94 of the Act of 1969 (stopping up and extinguishment of footpaths etc) ;

(l) any order under Part II of Schedule 4 to the Act of 1969 (revocation or modification of listed building consent).”;

(b) at the end of subsection (4) there shall be added the following paragraphs—

“(f) any decision of the Secretary of State on an appeal to him under section 14 of the [1967 c. 69.] Civic Amenities Act 1967; "

(g) any decision of the Secretary of State on an appeal to him under section 16(1)(a), (f) or (g) of the Act of 1969 against any enforcement notice ;

(h) any decision of the Secretary of State on an application for an established use certificate referred to him under section 19(1) of the Act of 1969 ;

(i) any decision of the Secretary of State on an appeal under section 19(2) of the Act of 1969 ;

(j) any decision of the Secretary of State to confirm a purchase notice under section 42 of the Act of 1969 or not to confirm such a notice (including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice either wholly or in part);

(k) any decision of the Secretary of State to confirm a completion notice under section 69 of the Act of 1969 ;

(l) any decision of the Secretary of State on an application referred to him under paragraph 3 of Schedule 4 to the Act of 1969, being an application for listed building consent for any works;

(m) any decision of the Secretary of State on an appeal to him under paragraph 6 or Part IV of that Schedule ;

(n) any decision of the Secretary of State under paragraph 17(5)(a) of that Schedule to grant listed building consent for any works or under paragraph 17(5)(b) of that Schedule to grant planning permission in respect of any works.”;

(c) in subsection (5)(b), after the words " Act of 1954 " there shall be inserted the words " of the Act of 1969 ".

39 In section 35(1)(b) (certain planning applications not to be determined before end of a specified period), for the words from " appearing from the evidence " onwards there shall be substituted the words " of the application ".

40 In section 36(1) (application for planning permission to be accompanied by certificate that applicant is proprietor or lessee of the land etc.)—

(a) in paragraph (c), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so "; and

(b) in paragraph (d), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so ".

The Control of Office and Industrial Development Act 1965 (c. 33)

41 In section 17 (application to Scotland), after the words "Act of 1962 " there shall be inserted the words " or of the [1968 c. 72.] Town and Country Planning Act 1968 ".

The Industrial Development Act 1966 (c. 34)

42 In section 24 (provisions as to conditions of industrial development certificates), in subsection (9)(b), for the words after the word " reference" where first occurring there shall be substituted the words " in subsection (3) to section 16 of the Town and Country Planning Act 1968 there shall be substituted a reference to section 16 of the Town and Country Planning (Scotland) Act 1969 ".

The Housing (Scotland) Act 1966 (c. 49)

43 In section 18 (provisions as to houses subject to building preservation orders etc.), in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) in relation to which a building preservation notice served under section 48 of the Town and Country Planning (Scotland) Act 1969 is in force, or

(b) which is a listed building within the meaning of Part V of that Act ”,

and, in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) subject to a building preservation notice served under the said section 48, or

(b) a listed building within the meaning of the said Part V.”

The Local Government (Scotland) Act 1966 (c. 51)

44 In section 25(3)(c) (exemption from rating of unoccupied property), for the words from " of a building " to " of that Act" there shall be substituted the words " of a building preservation notice as defined by section 48 of the Town and Country Planning (Scotland) Act 1969 or are included in a list compiled or approved under section 28 of the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 "

The Land Commission Act 1967 (c. 1)

45 In section 6(3) (conditions precedent to the compulsory purchase of land by the Land Commission), the reference in paragraph (b) to the current development plan shall be construed as a reference to a local plan for the time being applicable to the district and any alterations thereto (including a plan or alterations made available for inspection in pursuance of section 7(2) of this Act, but not yet in force) and the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval or making of the plan or alterations.

The Civic Amenities Act 1967 (c. 69)

46 In section 1 (preservation of character of areas of special architectural or historic interest), at the end of subsection (5)(b) there shall be added the words " or the Scottish Planning Act of 1969 ".

47 In section 3 (acts causing or likely to result in damage to listed buildings), for subsection (4) there shall be substituted the following subsection—

“(4) In the application of this section to Scotland—

(a) in subsection (1), for the references to section 41(1) of the Planning Act of 1968 and section 32 of the Planning Act there shall be substituted respectively references to section 41(1) of the Scottish Planning Act of 1969 and section 28(1) of the Scottish Planning Act;

(b) in subsection (2), for the references to the Planning Act and to Part V of the Planning Act of 1968 there shall be substituted respectively references to the Scottish Planning Act and Part V of the Scottish Planning Act of 1969.”

48 In section 6 (works to preserve listed buildings etc.), in subsection (2), for the words from " the proviso " to the end there shall be substituted the words " subsection (2) of section 48 of the Scottish Planning Act of 1969 ".

49 In section 8 (management of buildings acquired under section 38 of the Scottish Planning Act), in subsection (3)(b), for the words after the word " references " where first occurring there shall be substituted the words " to section 71(1)(b) of the Planning Act, sections 50(1) and 50(2) of the Planning Act of 1968 there shall be substituted respectively references to section 38(5) of the Scottish Planning Act, sections 50(1) and 50(2) of the Scottish Planning Act of 1969 ".

50 In section 14 (default powers and appeals relating to notices in connection with tree preservation orders), for paragraph (b) of subsection (5) there shall be substituted the following paragraph—

“(b) in subsection (3), for the words from ' section 16(2)' onwards there shall be substituted the words ' section 16(2), (3) and (4)(a) of the Town and Country Planning (Scotland) Act 1969 and so much of section 16(5) of that Act as enables the Secretary of State to give directions shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice '”.

51 In section 16 (power of local planning authority to make tree preservation order with immediate effect)—

(a) in subsection (1), the words "by the Minister" shall be omitted; and

(b) for subsections (2) and (3) there shall be substituted the following subsections:—

“(2) Notwithstanding section 26(4) of the Scottish Planning Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—

(a) the expiration of a period of six months beginning with the date on which the order was made ; or

(b) the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Minister, on which he notifies the authority who made the order that he does not propose to confirm it;

whichever first occurs.

(3) Provision shall be made by regulations under the Scottish Planning Act for securing—

(a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction ; and

(b) that where the Minister, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) above, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners, occupiers and lessees of the land to which the order related.”.

52 In section 30 (interpretation), in subsection (1), after the definition of "the Scottish Planning Act" there shall be inserted the following—

• “" the Scottish Planning Act of 1969 " means the Town and Country Planning (Scotland) Act 1969”.