Town and Country Planning (Scotland) Act 1969

76 Modification of transitory exemptions based on pre-1948 use

(1) Section 10(5)(a) of the Act of 1947 (exemption from requirement of planning permission for resumption of normal use before the original appointed day) and section 10(5)(c) of that Act (the same as to resumption of use of land which on that day was unoccupied) shall not have effect as respects any use of land begun or resumed after the commencement of this section.

(2) In the case of land which on the original appointed day was normally used for one purpose and was also used on occasions for another purpose, section 10(5)(b) of the Act of 1947 (exemption from requirement of planning permission for resumption of previous occasional use) shall, as respects any use of the land for the other purpose after the commencement of this section, apply only if the land has, since the original appointed day, been used for the other purpose on at least one similar occasion before the beginning of 1969.

(3) In applying sections 10(5), 16(5) and 16(6) of the Act of 1947 (factors relevant for determining whether planning permission is required for resumption of use), no account shall be taken of any contravention of planning control other than contravention of the provisions of Part II of the Act of 1947; and accordingly—

(a) in proviso (i) to section 10(5), for the words " previous planning control within the meaning of section 72 of this Act" there shall be substituted the words " the provisions of this Part of this Act ";

(b) in the proviso to section 16(5), the words from "or begun" to the end shall cease to have effect;

(c) in section 16(6), the words from " or was begun" to the end shall cease to have effect; and

(d) section 72(9) shall cease to have effect.

(4) Section 22(4) of the Act of 1947 (planning permission not required, where land has been developed without such permission, for a use of the land which would have been lawful apart from the development) shall not apply to any use of land which, by the operation of this section, has become unlawful without planning permission.

(5) In this section " the original appointed day " means the appointed day for the purposes of the Act of 1947, that is to say, 1st July 1948.