Town and Country Planning (Scotland) Act 1969

36 Extension of grounds of objection to blight notice

(1) Where a blight notice is served under section 38 of the Act of 1959 or section 35 above, then in the case of land—

(a) falling within section 38(1)(c) of the Act of 1959 or section 34(1)(a) of this Act, and

(b) not falling within section 38(1)(e) or (f) of that Act or section 34(1)(d) of this Act,

the grounds on which an objection may be made in a counter-notice under section 39 of the Act of 1959 shall include the grounds that the appropriate authority (unless compelled to do so by virtue of Part IV of that Act and section 35 above) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice.

(2) An objection may not be made as aforesaid on the grounds mentioned in subsection (1) above if it may be made on the grounds mentioned in section 39(2)(b) of the Act of 1959 (objection on the grounds that the appropriate authority do not propose to acquire any part of the hereditament or affected area in question).

(3) An objection on the grounds mentioned in subsection (1) above which is referred to the Lands Tribunal shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

(4) Paragraph 11(1) and (2) of Schedule 5 to the Act of 1959 (lapsing of compulsory purchase powers when objection under section 39 of that Act is successful) shall apply in relation to an objection on the said grounds as they apply in relation to an objection on the grounds mentioned in section 39(2)(b) of that Act.

(5) A county council or a town council may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 39 of the Act of 1959 specifying the grounds mentioned in subsection (1) above as, or as one of, the grounds of objection, if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 38(4)(a) of that Act (interests qualifying for protection under that Act).

(6) Paragraph (c) of section 39(2) of the Act of 1959 (objection on the grounds that the appropriate authority propose to acquire part only of the affected area of an agricultural unit) and the following provisions of that Act, that is to say, sections 40(5) and 41(3) (subsequent proceedings where such an objection made) and paragraph 12(1) and (2) of Schedule 5 to that Act (lapsing of compulsory purchase powers when objection under section 39 is successful) shall apply to hereditaments as they apply to any such area, references in those provisions to the affected area being construed as references to the hereditament.

(7) Subsection (6) above shall not affect the right of a claimant under section 90 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.

(8) Subsection (6) above shall not affect the right of a claimant under paragraph 4 of Schedule 2 to the Acquisition Act 1947 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly, in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in paragraph (c) of section 39(2) of the Act of 1959, the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—

(a) in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory ; or

(b) in the case of a park or garden belonging to a house the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.