http://www.legislation.gov.uk/id/ukpga/1972/52

Part I

1F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C1Part II Development Plans

Annotations:

Modifications etc. (not altering text)

Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)

Survey and structure plan

4 Survey of planning districts. C2

1

It shall be the duty of the . . . F2 planning authority to institute a survey of their district, in so far as they have not already done so, examining the matters which may be expected to affect the development of that district or the planning of its development and in any event to keep all such matters under review.

2

Notwithstanding that the . . . F2 planning authority have carried out their duty under subsection (1) of this section, the authority may, if they think fit, . . . F3 institute a fresh survey of their district examining the matters mentioned in that subsection.

3

Without prejudice to the generality of the preceding provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—

a

the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

b

the size, composition and distribution of the population of that district (whether resident or otherwise);

c

without prejudice to paragraph (a) of this subsection, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

d

any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters so mentioned;

e

such other matters as may be prescribed . . . F3;

f

any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

4

A . . . F2 planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.

5

Subsection (1) of this section shall, as respects any period during which this section is in operation in part only of the district of a . . . F2 planning authority, be construed as requiring a . . . F2 planning authority to institute a survey of that part of that district and to keep under review matters affecting only that part of that district; and subsection (2) of this section shall, whether or not this section is in operation in the whole of such a district, have effect as if the power thereby conferred included power for a . . . F2 planning authority to institute . . . F3 a fresh survey of part only of their district; and references in subsection (3) of this section to the district of a . . . F2 planning authority or any neighbouring districts shall be construed accordingly.

F164A Structure plans.

1

The Secretary of State may by order designate areas (“structure plan areas”) in respect of which planning authorities are to prepare structure plans.

2

The district of every planning authority in Scotland shall be included in a structure plan area.

3

A structure plan area may extend to the district of more than one planning authority, and may extend to only part of the district of a planning authority.

4

Where a structure plan area extends to the district of more than one planning authority, the planning authorities concerned shall jointly carry out the functions conferred upon them under sections 4, 5, 6, 6A and 8 of this Act in accordance with such arrangements as they may agree for that purpose under sections 56 (discharge of functions by local authorities), 57 (appointment of committees) and 58 (expenses of joint committees) of the M2Local Government (Scotland) Act 1973.

5

An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

5 Preparation of structure plans.

1

The . . . F4 planning authority shall, within such period from the commencement of this section within their district as the Secretary of State may direct, prepare and send the Secretary of State a report of their survey under section 4 of this Act and at the same time prepare and submit to him for his approval a structure plan for their district complying with the provisions of subsection (3) of this section.

2

The said report shall include an estimate of any changes likely to occur F5, during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act.

C33

The structure plan for any district shall be a written statement—

a

formulating the . . . F4 planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for the improvement of the physical environment and the management of traffic);

b

stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and

c

containing such other matters as may be prescribed . . . F6.

4

In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . F4 planning authority shall secure that the policy and proposals are justified by the results of their survey under section 4 of this Act and by any other information which they may obtain and shall have regard—

a

to current policies with respect to the economic planning and development of the region as a whole;

b

to the resources likely to be available for the carrying out of the proposals of the structure plan . . . F7

c

. . . F7

5

A . . . F4 planning authority’s general proposals under this section with respect to land in their district shall indicate any part of that district (in this Act referred to as an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.

6

A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . F4 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F6; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

7

At any time before the Secretary of State has under section 7 of this Act approved a structure plan with respect to the whole of the district of a . . . F4 planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that district; and where the Secretary of State has given a consent or direction for the preparation of a structure plan for part of such a district, references in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

6 Publicity in connection with preparation of structure plans.

1

When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the . . . F8 planning authority shall take such steps as will in their opinion secure—

a

that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan;

b

that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

c

that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

2

Not later than the submission of a structure plan to the Secretary of State, the . . . F8 planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

3

A structure plan submitted by the . . . F8 planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

a

of the steps which the authority have taken to comply with subsection (1) of this section; and

b

of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

4

If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the . . . F8 planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) of this section have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

a

to take such further action as he may specify in order better to achieve those purposes; and

b

after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

5

Where the Secretary of State returns the structure plan to the . . . F8 planning authority under subsection (4) of this section, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

6

A . . . F8 planning authority who are given directions by the Secretary of State under subsection (4) of this section shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) of this section.

7

Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

6AF17 Consultation with other planning authorities.

Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals.

7 Approval or rejection of structure plan by Secretary of State.

1

The Secretary of State may, after considering a structure plan submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

2

In considering any such plan the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.

F93

Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

a

consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

F10b

if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the plan, cause a person or persons, appointed by him for the purpose, to hold such an examination.

4

The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

5

The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

6

An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M1Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

7

On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

8

On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.

8 Alteration of structure plans.

7

Without prejudice to the preceding provisions of this section, the . . . F21 planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a part of a district for which a structure plan has been, or is in course of being, prepared as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

8

Directions under subsection (7) of this section may be given by the Secretary of State F22only before he approves the structure plan . . . F19.

9

In formulating their proposals in a local plan the . . . F21 planning authority shall secure that F23where a structure plan has been prepared under section 5 of this Act the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Secretary of State) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed . . . F19.

10

Before giving a direction under the preceding provisions of this section to a . . . F21 planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.

11

Where a . . . F21 planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

10 Publicity in connection with preparation of local plans.

1

A . . . F24 planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

a

that adequate publicity is given in their district to any relevant matter arising out of a survey of the district F25or part of the district carried out under sections 4 or 9 of this Act and to the matters proposed to be included in the plan;

b

2B

An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.

3

After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the . . . F33 planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

F404

Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

a

the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

b

in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

c

subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

i

consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

ii

afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

iii

if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

d

before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

e

without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

f

after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.

13 Alteration of local plans.

F411

A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of such plan; and any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan:

Provided that where a local plan has been approved by the Secretary of State they shall not make such proposals in relation to that plan without his consent.

2

Without prejudice to subsection (1) of this section, a . . . F42 planning authority shall, if F43before the Secretary of State F44approves the structure plan for their district he gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the F45local plan.

3

F46Subject to subsection (4) below The provisions of sections 9(9) to (11), 10, 11 and 12 of this Act shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under section 9 of this Act and to a local plan prepared thereunder, . . . F47.

F484

If a planning authority do not consider it appropriate to take the steps required by section 10(1) of this Act in relation to proposals made by them under subsection (1) of this section for alteration of a local plan, they may instead include, with the copies of those proposals made available for inspection and with the copy sent to the Secretary of State under section 10(2) of this Act, a statement of their reasons for not taking such steps.

5

In carrying out their duty under subsection (1) above the authority shall have regard to any structure plan approved for the area by the Secretary of State.

Supplementary provisions

14 Disregarding of representations with respect to development authorised by or under other enactments.

Notwithstanding anything in the preceding provisions of this Act, neither the Secretary of State nor a . . . F49 planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

a

an order or scheme under section F505, 7, 9 or 12 of the Roads (Scotland) Act 1984 (trunk road orders, special road schemes and ancillary orders);

b

an order under section 1 of the M4New Towns Act 1946 or section 1 of the M5New Towns (Scotland) Act 1968 (designation of sites of new towns).

15 Default powers of Secretary of State.

1

Where, by virtue of any of the preceding provisions of this Part of this Act, F51or of the provisions of Part IX of the M6Local Government (Scotland) Act 1973 any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then—

a

if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the . . . F52 planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

b

in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

F53the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or the Secretary of State may carry out the survey or prepare and make a structure plan or local plan or, as the case may be, alter repeal or replace it, as he thinks fit.

2

Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a . . . F52 planning authority, he may, if he thinks fit, authorise any other . . . F52 planning authority who appear to the Secretary of State to have an interest in the proper planning of the district of the first-mentioned authority to do that thing.

3

Where under this section anything which ought to have been done by a . . . F52 planning authority is done by the Secretary of State or another such authority, the preceding provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the latter authority and the thing so done.

4

Where the Secretary of State incurs expenses under this section in connection with the doing of anything which should have been done by a . . . F52 planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

5

Where under this section anything which should have been done by one . . . F52 planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Secretary of State, shall be repaid to the latter authority by the former authority.

16 Supplementary provisions as to structure and local plans.

1

Without prejudice to the powers conferred on him by the preceding provisions of this Part of this Act, the Secretary of State may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, F54modification, repeal and replacement; and in particular any such regulations may—

a

provide for the publicity to be given to the report of any survey carried out by a . . . F55 planning authority under section 4 of this Act;

b

provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, F54modification, repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

c

make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, F54modification, repeal or replacement;

d

without prejudice to paragraph (b) of this subsection, provide for notice to be given to particular persons of the approval, adoption, F54modification or alteration of any plan, if they have objected to the plan and have notified the . . . F55 planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

e

require or authorise a . . . F55 planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

f

require a . . . F55 planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 6(1)(a) or 10(1)(a) of this Act or has been made available for inspection under section 6(2) or 10(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

g

provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

2

Regulations under this section may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

3

Subject to the preceding provisions of this Part of this Act and to any regulations under this section, the Secretary of State may give directions to any . . . F55 planning authority, or to . . . F55 planning authorities generally,—

a

for formulating the procedure for the carrying out of their functions under this Part of this Act;

b

for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

4

Subject to the provisions of section 231 of this Act, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

17 Meaning of “development plan”.

1

For the purposes of this Act, any other enactment relating to town and country planning and the M7Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a . . . F56 planning authority) shall be taken as consisting of—

a

the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan;

b

any alterations to that plan, together with the Secretary of State’s notices of approval thereof;

c

any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

d

any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval thereof.

2

References in subsection (1) of this section to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

3

References in subsections (1) and (2) of this section to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 15 of this Act be construed as references to notices of the making of the plan or alteration.

4

This section has effect subject to Schedule 5 and Part I of Schedule 21 to this Act.

18 Commencement of Part II and interim provisions. C4

1

The preceding provisions of this Part of this Act (other than section 16 and except so far as they enable any matter or thing to be prescribed), and Part I of Schedule 21 to this Act, shall come into operation on a day appointed by an order made by the Secretary of State.

F572

Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been ap- proved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.

3

Schedule 5 to this Act shall have effect as respects the transition from the said Schedules 3 and 4 to the preceding provisions of this Part of this Act.

4

Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

5

Any reference in this Part of this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

6

An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provision of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

7

The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

a

as to the provisions which have come, or are to be brought, into operation or have been, or are to be, repealed, and on which dates and in relation to which areas; and

b

as to whether, in the case of a particular area, any transitional provision has been made by such an order.

8

The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at all reasonable hours.

F58 General

Annotations:

Amendments (Textual)

F58

S. 18A and crossheading inserted (7.3.1994) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.58 (with s. 84(5)); S.I. 1994/398, art. 2

F5918AF59Status of development plans.

—Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.

C5 C6Part III General Planning Control

Annotations:

Modifications etc. (not altering text)

Pt. III excluded by Local Government, Planning and Land Act 1980 (c. 65), s. 149(6)(9)

the extraction of minerals from a disused railway embankment.

4

Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

5

In this Act “new development” means any development other than development of a class specified in Part I or Part II of Schedule 6 to this Act; and the provisions of Part III of that Schedule shall have effect for the purposes of Parts I and II thereof.

20 Development requiring planning permission.

7

For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947 or any regulations, orders or byelaws made at any time under any such enactment, shall not apply to any development specified in the order, or shall apply thereto subject to such modifications as may be so specified.

7 F67 Simplified planning zone schemes

Annotations:

Amendments (Textual)

F67

Ss. 21A–21E inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(1)

21AF68Simplified planning zones.

1

A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

2

The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.

3

Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

4

and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.

21CF70 Duration of simplified planning zone scheme.

1

A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of ten years beginning with that date.

2

Upon the scheme’s ceasing to have effect planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

3

The provisions of section 41(2) to (6) of this Act (which provide for the termination of planning permission if the completion of development is unreasonably delayed) apply to planning permission under a simplified planning zone scheme where development has been begun but not completed by the time the area ceases to be a simplified planning zone.

4

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this section when development shall be taken to be begun.

21DF71 Alteration of simplified planning scheme.

1

The adoption or approval of alterations to a simplified planning zone scheme has effect as follows.

2

The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.

3

The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

4

The adoption or approval of alterations providing for the withdrawal of relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.

5

The adoption or approval of alterations providing for—

a

the exclusion of land from the simplified planning zone,

b

the withdrawal of planning permission, or

c

the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of twelve months beginning with the date of the adoption or approval.

6

The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.

21EF72 Exclusion of certain descriptions of land or development.

1

The following descriptions of land may not be included in a simplified planning zone—

a

land in a conservation area;

b

land in a National Scenic Area;

c

In this section “owner” in relation to any land means any person F90who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of F91an undertaking and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years, and “agricultural holding” has the same meaning as in the M9Agricultural Holdings (Scotland) Act 1949.

25 Publicity for applications affecting conservation areas.

1

This section applies where an application for planning permission for any development of land is made to a. . . F92 planning authority and either—

a

the development would, in the opinion of the authority, affect the character or appearance of a conservation area;. . . F93

F94aa

the development would, in the opinion of the authority, affect the selling of a listed building; or

b

. . . F95

2

The. . . F92 planning authority shall—

a

publish in a local newspaper circulating in the locality in which the land is situated; and

b

for not less than seven days display on or near the land,

a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of twenty-one days beginning with the date of publication of the notice under paragraph (a) of this subsection.

3

The application shall not be determined by the. . . F92 planning authority before both the following periods have elapsed, namely—

a

the period of twenty-one days referred to in subsection (2) of this section; and

b

the period of twenty-one days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

F964

Where an application for planning permission is dealt with by a regional planning authority by virtue of section 179 of the M10Local Government (Scotland) Act 1973, subsection (3) above shall apply as if the reference therein to “the planning authority” were a reference to the regional planning authority.

Determination by. . . F97 planning authorities of applications for planning permission

Annotations:

Amendments (Textual)

F97

Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

26 Determination of applications.

1

Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . F98 planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

a

subject to F99sections 38 and 39 of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

b

may refuse planning permission.

2

In determining any application. . . F100 to which section 23 of this Act applies, the. . . F98 planning authority shall take into account any representations relating to that application which are received by them before F101the expiry of any period prescribed under subsection (1)(h) of that section.

3

Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 24 of this Act, or by a certificate containing a statement in accordance with subsection (3)(b) of that section, the. . . F98 planning authority—

a

27 Conditional grant of planning permission.

1

Without prejudice to the generality of section 26(1) of this Act, conditions may be imposed on the grant of planning permission thereunder—

C15a

for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the. . . F103 planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

b

for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period:

Provided that conditions may not be imposed by a. . . F103 planning authority under paragraph (a) of this subsection for regulating the development or use of any land within the area of another. . . F103 planning authority except with the consent of that authority.

2

F104Subject to section 41A(6) of this Act, any planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as “planning permission granted for a limited period”.

3

Where—

a

planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition (not being a condition attached to the planning permission by or under section 38 or 39 of this Act); and

b

any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

27AF105 Aftercare conditions on permission for winning and working of minerals.

1

Where planning permission for development consisting of the winning and working of minerals is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the planning authority think fit.

2

In this Act—

“restoration condition” means a condition requiring that after operations for the winning and working of minerals have been completed, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and
“aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

10

In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

11

Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

12

Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants.

13

Before imposing an aftercare condition in a case where the use specified in the condition is for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.

14

Where after consultations required by subsection (13) of this section the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

15

The planning authority shall also consult the Forestry Commission—

a

as to the steps to be specified in an aftercare condition which specifies a use for forestry; and

b

before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

16

The planning authority shall also, from time to time as they consider expedient, consult the Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

17

On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect.

18

A person who has complied with an aftercare condition but who has not himself carried out any operations for the winning and working of minerals in, on or under the land shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred by him in complying with the aftercare condition.

19

In this section “authorised” means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.

28 Directions, etc. as to method of dealing with applications. C16

1

Subject to the provisions of section 26(2) to (5) of this Act, provision may be made by a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by. . . F106 planning authorities, and in particular—

a

for enabling the Secretary of State to give directions restricting the grant of planning permission by the. . . F106 planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

b

for authorising the. . . F106 planning authority, in such cases and subject to such conditions as may be prescribed by the order, or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

c

for requiring the. . . F106 planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by the order or by directions given by the Secretary of State thereunder;

d

for requiring the. . . F106 planning authority to give to any applicant for planning permission, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

F107dd

for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

e

for requiring the. . . F106 planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

F1082

The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.

F1093

In this section “planning authority” includes a regional planning authority.

28AF110 Permission to develop land without compliance with conditions previously attached.

1

This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

2

Special provision may be made with respect to such applications—

a

by regulations under section 22 of this Act as regards the form and content of the application, and

b

by a development order as regards the procedure to be followed in connection with the application.

3

On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

a

if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

b

if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

4

This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to have begun, that time has expired without the development having been begun.

29 Permission to retain buildings or works or continue use of land.

1

An application for planning permission may relate to buildings or works constructed or carried out, or a use of land instituted, before the date of the application, whether F111—

a

the buildings or works were constructed or carried out, or the use instituted, without planning permission or in accordance with planning permission granted for a limited period F112; or

b

the application is for permission to retain the buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.

2

Any power to grant planning permission to develop land under this Act shall include power to grant planning permission for the retention on land of buildings or works constructed or carried out, or for the continuance of a use of land instituted, as mentioned in subsection (1) of this section; and references in this Act to planning permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly:

Provided that this subsection shall not affect the construction of section 23, 25, 26(2) or (4), or 57,. . . F113 or of Part VII of this Act.

3

Any planning permission granted in accordance with subsection (2) of this section may be granted so as to take effect from the date on which the buildings or works were constructed or carried out, or the use was instituted, or (in the case of buildings or works constructed or carried out or a use instituted in accordance with planning permission granted for a limited period) so as to take effect from the end of that period, as the case may be.

30 Provisions as to effect of planning permission.

1

Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

2

Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

30AF114 Date of planning permission.

The date of the granting or of the refusal of any such application as is mentioned in section 23(2) of this Act shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.

31 Information regarding, and registers of, applications and decisions.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

2

Every. . . F116 planning authority shall keep, in such manner as may be prescribed by a development order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . F117F118and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area.

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

3

a development order may make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by the order, and may also make provision—

a

for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

b

for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion of any different entry relating thereto in another part of the register.

4

Every register kept under this section shall be available for inspection by the public at all reasonable hours.

F1205

The provisions of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.

31AF121 Power of planning authorities to vary planning permission.

Notwithstanding any other provision of this Part of this Act, a planning authority may, at the request of the grantee or of a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material.

Secretary of State’s powers in relation to planning applications and decisions

32 Reference of applications to Secretary of State.

C171

The Secretary of State may give directions requiring, F124any such application as is mentioned in section 23(2) of this Act, to be referred to him instead of being dealt with by. . . F125 planning authorities.

C172

a direction under this section—

a

may be given either to a particular. . . F125 planning authority or to. . . F125 planning authorities generally; and

b

may relate either to a particular application or to applications of a class specified in the direction.

C173

Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

C174

Subject to subsection (5) of this section, where an application. . . F126 is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 23 F127(1)(f) and (h), 24 F128(2B), (2C), (2D) and (4), 26 F126. . . F129, 27(1) F13027A and 28A, shall apply, with any necessary modifications, as they apply to an application. . . F126 which falls to be determined by the. . . F125 planning authority.

C175

Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F125 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

6

The decision of the Secretary of State on any application referred to him under this section shall be final.

F1317

In this section “planning authority” includes a regional planning authority.

33 Appeals against planning decisions. C18

1

Where an application is made to a. . . F132 planning authority

F133a

for planning permission to develop land;

b

for an approval of that authority required under a development order; or

c

for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

C192

Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by a development order.

3

Where an appeal is brought under this section from a decision of a. . . F132 planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . F132 planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

Provided that where the Secretary of State proposes to reverse or vary any part of the decision of the. . . F132 planning authority to which the appeal does not relate, he shall give notice of his intention to the. . . F132 planning authority and to the applicant and shall afford to them an opportunity to make representations in regard thereto.

4

Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F132 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

5

Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections F13423, 24, 26(1) and (3) F135, 27(1) F13627A and 28A shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . F132 planning authority.

6

The decision of the Secretary of State on any appeal under this section shall be final.

7

If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 26(1), F137and 27(1) of this Act and of the development order and to any directions given under that order, planning permission for that development—

a

could not have been granted by the. . . F132 planning authority; or

b

could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

8

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

34 Appeal in default of planning decision. C20

Where F138any such application as is mentioned in section 33(1) of this Act is made to a planning authority, then unless within such period as may be prescribed by the development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . F139 planning authority, the. . . F139 planning authority either—

a

give notice to the applicant of their decision on the application; or

b

give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,

the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . F139 planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by the development order, or at the end of the said extended period, as the case may be.

35 Review of planning decisions where compensation claimed.

1

The provisions of this section and of section 36 of this Act shall have effect where, in accordance with the provisions of section 143 of this Act, one or more claims for compensation in respect of a planning decision have been received by the Secretary of State, and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.

2

If, in the case of a planning decision of the. . . F140 planning authority, it appears to the Secretary of State that, if the application for permission to develop the land in question had been referred to him for determination, he would have made a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the decision of the. . . F140 planning authority.

3

If, in any case, it appears to the Secretary of State that planning permission could properly be granted (either unconditionally or subject to certain conditions) for some development of the land in question other than the development to which the application for planning permission related, the Secretary of State may give a direction that the provisions of this Act shall have effect in relation to that application and to the planning decision—

a

as if the application had included an application for permission for that other development, and the decision had included the grant of planning permission (unconditionally or subject to the said conditions, as the case may be) for that development; or

b

as if the decision had been a decision of the Secretary of State and had included an undertaking to grant planning permission (unconditionally or subject to the said conditions, as the case may be) for that development,

as may be specified in the direction.

4

The reference in subsection (2) of this section to a decision more favourable to the applicant shall be construed—

a

in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either in respect of the whole of the land to which the application for permission related or in respect of part of that land; and

b

in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.

36 Provisions supplementary to s. 35.

1

Before giving a direction under section 35 of this Act the Secretary of State shall give notice in writing of his proposed direction to the. . . F141 planning authority to whose decision that direction relates, and to any person who made, and has not since withdrawn, a claim for compensation in respect of that decision; and, if so required by the. . . F141 planning authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

2

In giving any direction under section 35 of this Act, the Secretary of State shall have regard to the provisions of the development plan for the area in which the land in question is situated, in so far as those provisions are material to the development of that land, and shall also have regard to the local circumstances affecting the proposed development, including the use which prevails generally in the case of contiguous or adjacent land, and to any other material considerations.

3

Where the Secretary of State gives a direction under section 35 of this Act, he shall give notice of the direction to the. . . F141 planning authority to whose decision the direction relates, and to every person (if any) who made, and has not since withdrawn, a claim for compensation in respect of that decision.

Deemed planning permission

C2237 Development by local authorities and statutory undertakers with sanction of government department. C21

1

Where the sanction of a government department. . . F142 is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that sanction, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

2

The provisions of this Act (except Parts VII and XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act.

3

For the purposes of this section development shall be taken to be sanctioned by a government department if—

a

any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

b

a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

c

consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

d

authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

e

any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the sanction of a government department shall be construed accordingly.

Duration of planning permission

38 Limit of duration of planning permission.

1

Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

a

five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

b

such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

2

If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

3

Nothing in this section applies—

a

to any planning permission granted by a development order;

F143aa

to any planning permission granted by an enterprise zone scheme;

F144ab

to any planning permission granted by a simplified planning zone scheme;

b

to any planning permission granted for a limited period;

F145bb

to any planning permission for development consisting of the winning and working of minerals which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after the completion of other development consisting of the winning and working of minerals which is already being carried out by the applicant for the planning permission.

c

to any planning permission granted under section 29 of this Act on an application relating to buildings or works completed, or a use of land instituted, before the date of the application; or

d

to any outline planning permission, as defined by section 39 of this Act.

39 Outline planning permission.

1

In this section and section 38 of this Act “outline planning permission” means planning permission granted, in accordance with the provisions of a development order, with the reservation for subsequent approval by the. . . F146 planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.

2

Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—

a

that, in the case of any reserved matter, application for approval must be made F147before—

i

the expiration of 3 years from the date of the grant of outline planning permission; or

ii

the expiration of 6 months from the date on which an earlier application for such approval was refused; or

iii

the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest:

Provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above; and

b

that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

i

the expiration of five years from the date of the grant of outline planning permission; or

ii

the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

3

If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.

4

The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

5

The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

6

In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.

40 Provisions supplementary to ss. 38 and 39.

1

For the purposes of sections 38 and 39 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

2

In subsection (1) of this section “specified operation” means any of the following, that is to say—

a

any work of construction in the course of the erection of a building;

b

the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

c

the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in the last preceding paragraph;

d

any operation in the course of laying out or constructing a road or part of a road;

e

any change in the use of any land, where that change constitutes material development.

3

In subsection (2)(e) of this section “material development” means any development other than—

a

development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

b

development falling within any of paragraphs 1, 2, 3 and 5 to 9 of Schedule 6 to this Act, as read with Part III of that Schedule; and

c

development of any class prescribed for the purposes of this subsection;

and in this subsection “general development order” means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.

4

The authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F148 planning authority or the Secretary of State, in the case of planning permission granted by them, and—

a

in the case of planning permission under section 37 of this Act is the department on whose direction planning permission is deemed to be granted; and

b

in the case of planning permission granted on an appeal determined, under paragraph 1 or 4 of Schedule 7 to this Act, by a person appointed by the Secretary of State to determine the appeal, is that person.

5

For the purposes of section 39 of this Act, a reserved matter shall be treated as finally approved when an application for approval is granted or, in a case where the application is made to the. . . F148 planning authority and there is an appeal to the Secretary of State against the authority’s decision on the application and the Secretary of State or a person appointed by him under paragraph 1 or 4 of Schedule 7 to this Act to determine the appeal grants the approval, on the date of the determination of the appeal by the Secretary of State or that person.

6

Where a. . . F148 planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of sections 38 or 39 of this Act to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 33 of this Act against the decision of the authority.

7

In the case of planning permission (whether outline or other) having conditions attached to it by or under section 38 or 39 of this Act—

a

development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and

b

an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

41 Termination of planning permission by reference to time limit.

1

The following provisions of this section shall have effect where, by virtue of section 38 or 39 of this Act, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.

2

If the. . . F149 planning authority are of opinion that the development will not be completed within a reasonable period, they may serve a notice (in this section referred to as a “completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

3

a completion notice—

a

shall be served on the owner and on the occupier of the land and on any other person who in the opinion of the. . . F149 planning authority will be affected by the notice; and

b

shall take effect only if and when it is confirmed by the Secretary of State, who may in confirming it substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

4

If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall afford to that person and to the. . . F149 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

5

If a completion notice takes effect, the planning permission therein referred to shall at the expiration of the period specified in the notice, whether the original period specified under subsection (2) of this section or a longer period substituted by the Secretary of State under subsection (3) of this section, be invalid except so far as it authorises any development carried out thereunder up to the end of that period.

6

The. . . F149 planning authority may withdraw a completion notice at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if they do so they shall forthwith give notice of the withdrawal to every person who was served with the completion notice.

41AF150 Limit of duration of planning permission for winning and working of minerals.

1

Every planning permission for development consisting of the winning and working of minerals shall be subject to a condition as to the duration of the development.

2

Except where a condition is specified under subsection (3) of this section the condition in the case of planning permission granted or deemed to be granted after the date of the commencement of section 24 of the M14Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the permission.

3

An authority granting planning permission after the date of the commencement of the said section 24 or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than sixty years, and if they do so, the condition is that the development must cease not later than the expiration of a period of the specified length beginning with the date of the permission.

4

A longer or shorter period than sixty years may be prescribed for the purposes of subsections (2) and (3) of this section.

5

The condition in the case of planning permission granted or the commencement of section 24 of the M15Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the commencement of that section.

6

A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this section is not to be regarded for the purposes of this Act as a condition such as is mentioned in subsection (1)(b) of section 27 of this Act.

7

Where planning permission for development consisting of the winning and working of minerals is granted by the planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 33 of this Act as a condition imposed by a decision of the planning authority, and may accordingly be the subject of an appeal under that section.

Revocation or modification of planning permission

42 Power to revoke or modify planning permission.

1

If it appears to the. . . F151 planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part of this Act, the authority, subject to the following provisions of this section, may by order revoke or modify the permission to such extent as (having regard to those matters) they consider expedient.

2

b

the period (not being less than fourteen days from the expiration of the period referred to in paragraph (a) of this subsection) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section and without being confirmed by the Secretary of State.

3

The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(a) of this section,. . . F154.

4

The authority shall send a copy of any advertisement published under subsection (2) of this section to the Secretary of State, not more than three days after the publication.

5

If within the period referred to in subsection (2)(a) of this section no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid, and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 42(2) of this Act.

6

This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part of this Act or under Part IV or V thereof; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 38 or 39 of this Act.

Reference of certain matters to Planning Inquiry Commission or independent tribunal

44 Constitution of Planning Inquiry Commission.

1

The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 45 of this Act.

2

Any such commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.

3

The Secretary of State may pay to the members of any such commission such remuneration and allowances as he may with the consent of F155the Treasury determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

4

The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

report to the responsible Minister or Ministers on the matter referred to them.

7

Any such commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

8

Schedule 8 to this Act shall have effect for the construction of references in this section and in section 46 of this Act to “the responsible Minister or Ministers”.

C2746 Procedure on reference to a Planning Inquiry Commission. C26

1

A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 45 of this Act may be made at any time before, but not after, the determination of the relevant application referred under section 32 of this Act or the relevant appeal under section 33 of this Act or, as the case may be, the giving of the relevant direction under section 37 of this Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

2

Notice of the making of a reference to any such commission shall be published in the prescribed manner, and a copy of the notice shall be served on the. . . F158 planning authority for the area in which it is proposed that the relevant development shall be carried out, and—

a

in the case of an application for planning permission referred under section 32 of this Act or an appeal under section 33 of this Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act;

b

in the case of a proposal that a direction should be given under section 37 of this Act with respect to any development, on the local authority or statutory undertakers applying for sanction to carry out that development.

3

A Planning Inquiry Commission shall, for the purpose of complying with section 45(6)(b) of this Act, hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the. . . F158 planning authority desire an opportunity of appearing and being heard.

4

Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) of this section in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

5

An inquiry held by such a commission under this section shall be treated for the purposes of the M16Tribunals and Inquiries Act 1971 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

6

Subsections (4) to (9) of section 267 of this Act (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under subsection (3) of this section as they apply to an inquiry held under that section.

7

Subject to the provisions of this section and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

47 Commissions to inquire into planning matters affecting Scotland and England.

1

The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under this section; and the matters which may be so referred are those which may, under section 45 of this Act or F159section 101 of the Town and Country Planning Act 1990, be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.

2

a Joint Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Ministers.

3

The Ministers may pay to the members of any such commission such remuneration and allowances as they may with the consent of F160the Treasury determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting the commission in the discharge of their functions.

4

The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161

6

In this section “the Ministers” means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly; but their functions under subsection (3) of this section may, by arrangements made between them, be exercised by either acting on behalf of both.

7

Schedule 9 to this Act shall have effect with respect to the Joint Planning Inquiry Commissions and references to them under this section, and with respect to the proceedings of a commission on any such reference.

48F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional powers of control

49 Orders requiring discontinuance of use or alteration or removal of buildings or works.

1

If it appears to a. . . F163 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

a

that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

b

that any buildings or works should be altered or removed,

the. . . F163 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

F1641A

For the purposes of this section development consisting of the winning and working of minerals in, on or under any land is to be treated as a use of that land.

1B

Subsection (1) of this section shall have effect as if—

a

the words

or
c
that any plant or machinery used for the winning and working of minerals should be altered or removed,

c

the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

1G

In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

2

An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F163 planning authority on an application made under this Part of this Act.

3

The power conferred by subsection (2) of this section shall include power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order—

a

for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State; or

b

for the continuance of a use of that land constituted before that date;

and subsection (3) of section 29 of this Act shall apply to planning permission granted by virtue of this subsection as it applies to planning permission granted in accordance with subsection (2) of that section.

4

An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

5

Where a. . . F163 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F163 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

6

Where an order under this section has been confirmed by the Secretary of State, the. . . F163 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

7

Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F163 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

8

In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F163 planning authority making the order.

49AF165 Prohibition of resumption of winning and working of minerals.

1

Where it appears to the planning authority—

a

that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

b

that it has permanently ceased,

the planning authority may by order—

i

prohibit the resumption of such development; and

10

Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.

11

On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals.

49BF166Orders after suspension of winning and working of minerals.

1

Where it appears to the planning authority—

a

that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

b

49CF167Confirmation and coming into operation of suspension orders.

1

Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient

2

Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.

3

Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.

49DF168Registration of suspension orders.

No order under section 49A or 49B of this Act shall take effect until it is registered either—

a

in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or

b

in any other case, in the appropriate division of the General Register of Sasines.

49EF169Reviews of suspension orders.

1

It shall be the duty of a planning authority—

a

to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

b

to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—

i

an order under section 49A of this Act; or

ii

a supplementary suspension order.

2

The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

3

Each subsequent review shall be undertaken not more than five years after the previous review.

4

If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

5

If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.

6

The first review shall be undertaken not more than five years from the date on which the order takes effect.

7

Each subsequent review shall be undertaken not more than five years after the previous review.

8

The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.

49FF170Resumption of winning and working of minerals after suspension order.

1

Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals in, on, or under the land in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.

2

A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence development consisting of the winning and working of minerals.

3

The planning authority shall revoke the order if development consisting of the winning and working of minerals has recommenced to a substantial extent in, on or under the land in relation to which the order is in effect.

4

If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.

5

Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.

6

If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

7

If the Secretary of State is satisfied that development consisting of the winning and working of minerals in, on or under the land has recommenced to a substantial extent, he shall revoke the order.

8

If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.

49GF171Powers of regional planning authorities regarding orders under sections 49A or 49B.

The provisions of section 181 of the M17Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.

F17449H Old mining permissions.

1

In this section and Schedule 10A to this Act, “old mining permission” means any planning permission for development—

a

consisting of the winning and working of minerals, or

b

involving the depositing of mineral waste,

which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to this Act (development authorised under interim development orders after 10th November 1943).

2

An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.

3

If no such development has, at any time in the period of two years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after the coming into force of this section unless—

a

the permission has effect in accordance with subsection (2) above; and

b

the development is carried out after such an application is finally determined.

4

An old mining permission shall—

a

if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made, and

b

if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

5

An old mining permission shall, if—

a

such an application is granted; but

b

an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,

cease to have effect on the day following the last date on which the application to determine those conditions may be served.

6

Subject to subsection (3) above, this section—

a

shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and

b

shall not affect any order made or having effect as if made under section 49 or 49A to 49F of this Act (discontinuance, etc., orders).

50 Agreements regulating development or use of land.

1

A. . . F172 planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F172 planning authority to be necessary or expedient for the purposes of the agreement.

2

An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines, be enforceable at the instance of the. . . F172 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:

Provided that no such agreement shall at any time be enforceable against a third party who shall have in bona fide onerously acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid or against any person deriving title from such third party.

3

Nothing in this section or in any agreement made thereunder shall be construed—

a

as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

b

as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.

F1734

In this section “planning authority” includes a regional planning authority.

Determination whether planning permission required

C29 C3051 Applications to determine whether planning permission required. C28

1

If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land F175and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme F176or simplified planning zone scheme, he may, either as part of an application for planning permission, or without any such application, apply to the. . . F177 planning authority to determine that question.

2

The provisions of sections 21, 26(1), 28(1), 31(2) and (4) and 32 to 34 of this Act shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.

3

Where it is decided by the Secretary of State under any of the said provisions that any operations or use to which an application under this section relates would constitute or involve development, that decision shall not be final for the purposes of any appeal under the provisions of this Act relating to the enforcement of planning control, in relation to those operations or that use.

Part IV Additional Control in Special Cases

Buildings of special architectural or historic interest

C3152 Lists of buildings of special architectural or historic interest.

1

For the purposes of this Act and with a view to the guidance of. . . F178 planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

2

In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

a

any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

b

the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

3

Before compiling or approving, with or without modifications, any list under this section, or amending any list thereunder the Secretary of State shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

4

As soon as may be after any list has been compiled or approved under this section, or any amendments of such a list have been made, a copy of so much of the list as relates to the district of F179any regional, general or district planning authority within the meaning of Part IX of the M18Local Government (Scotland) Act 1973 or the local authority for the purposes of the Housing (Scotland) Acts 1966 to 1969, or of so much of the amendments as relates thereto, as the case may be, certified by or on behalf of the Secretary of State to be a true copy thereof, shall be deposited with the clerk of that authority.

5

As soon as may be after the inclusion of any building in a list under this section, whether on the compilation or approval of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, the. . . F178 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 on every owner, lessee and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

6

The Secretary of State shall keep available for public inspection, free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under this section; and every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

7

In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; F180and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building—

a

any object or structure fixed to the building;

b

any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so much before 1st July 1948.

8

Every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Act of 1947 but was not then included in a list compiled or approved under section 28 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the. . . F178 planning authority in whose district the building is situated, on being notified of the Secretary of State’s direction, shall give notice of it to the owner, lessee and occupier of the building.

9

Before giving a direction under subsection (8) of this section in relation to a building, the Secretary of State shall consult with the. . . F178 planning authority and with the owner, lessee and occupier of the building.

53 Control of works for demolition, alteration or extension of listed buildings C32

1

Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under F181subsection (2) of this section, he shall be guilty of an offence.

2

Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act F182only if—

a

the. . . F183 planning authority or the Secretary of State have granted written consent F182(in this Act referred to as “listed building consent”) for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 54 of this Act; and

b

in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

i

for a period of at least three months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

ii

the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission’s behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

F1842A

If written consent is granted by the planning authority or the Secretary of State for the retention of works for the demolition, alteration or extension of a listed building which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.

3

In subsection (2) of this section “the Royal Commission” means the Royal Commission on the Ancient and Historical Monuments of Scotland; but the Secretary of State may, by order provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

F1853A

Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as “building consent”.

4

Without prejudice to subsection (1) of this section, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent F186under section 54 of this Act, he shall be guilty of an offence.

5

a person guilty of an offence under this section shall be liable—

a

on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding £250, or both; or

b

on conviction on indictment to imprisonment for a term not exceeding twelve months or a fine, or both;

and, in determining the amount of any fine to be imposed on a person convicted on indictment, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

F1876

In proceedings for an offence under this section it shall be a defence to prove the following matters—

a

that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

b

that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

c

that the works carried out were limited to the minimum measures immediately necessary, and

d

that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.

54 Provisions supplementary to s. 53.

1

Section 53 of this Act shall not apply to works for the demolition, alteration or extension of—

a

an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

F188b

a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M19Ancient Monuments and Archaeological Areas Act 1979.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189

3

In considering whether to grant planning Permission for development which F190affects a listed building or its setting, and in considering whether to grant listed building consent for any works, the. . . F191 planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building F192or its setting or any features of special architectural or historic interest which it possesses.

F1934

Listed building consent may be granted subject to conditions; and, without prejudice to the generality of the foregoing provisions of this subsection, the conditions may include conditions with respect to—

a

the preservation of particular features of the building, either as part of it or after severance therefrom;

b

the making good, after the works are completed, of any damage caused to the building by the works;

c

the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

F1944A

Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.

F1955

In granting a listed building consent a planning authority may attach to the consent a condition that no demolition of the listed building shall take place until either or both of the following requirements have been met—

a

an agreement for the regulation of the development of the site of the listed building has been made and recorded under section 50 of this Act;

b

the planning authority are satisfied that contracts have been placed either—

i

for the redevelopment of the site; or

ii

for its conversion to an acceptable open space,

in accordance with a current planning permission.

6

Part I of Schedule 10 to this Act shall have effect with respect to applications to. . . F191 planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a. . . F191 planning authority or the Secretary of State.

54AF196 Limit on duration of listed building consent.

1

Any listed building consent granted after the commencement of this section shall be granted subject to a condition that works permitted by that consent shall be commenced within such period as the planning authority may specify in the consent.

2

If no time limit is specified in any grant of listed building consent under subsection (1) above, the grant shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced with 5 years from the date of the grant.

3

Any grant of listed building consent made prior to 1st January 1980 which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been granted subject to a condition that works in terms thereof shall be commenced within 3 years of the commencement of this section.

4

Any grant of listed building consent made on or after 1st January 1980 but before the commencement of this section which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced within 5 years of the commencement of this section.]

F1975

Nothing in this section applies to any consent to the retention of works granted under section 53(2A) of this Act.

54B [F198Date of listed building consent.

The date of the granting or of the refusal of an application for listed building consent shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.

54CF199 Intimation of notices etc. affecting listed buildings.

1

Subject to subsection (2) below, where a local authority—

a

have, under or by virtue of any enactment, served a notice requiring any person to show cause why a listed building should not conform to the building regulations; or

b

have, under or by virtue of any enactment, served a notice or made an order requiring—

i

the demolition of such a building; or

ii

the carrying out of works affecting such a building; or

c

propose (whether under or by virtue of any enactment or otherwise) to carry out emergency works or demolitions affecting such a building,

In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

3

Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding F202£40 for each day on which the failure continues.

If it appears to the. . . F203 planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.

56AAF205 Power to restrict exemption of certain ecclesiastical buildings.

1

The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 54(1) and 56(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices).

2

An order under this section may—

a

make provision for buildings generally, for descriptions of building or for particular buildings;

b

make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

c

make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 52(7) of this Act) as may be made in relation to a building and make different provision for different parts of the same building;

d

make different provision with respect to works of different descriptions or according to the extent of the works;

e

make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate.

3

This section is without prejudice to the Church of Scotland Act M211921.

F206 Hazardous substances]

Annotations:

Amendments (Textual)

F206

Ss. 56A–56O inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

56A [F207Hazardous substances.

1

Subject to subsection (2) of this section F208and to section 56B below, it shall be the duty of the planning authority to control hazardous substances in accordance with the provisions of this Act.

2

An urban development corporation shall control hazardous substances in their area if they are the planning authority in relation to all kinds of development.

56BF209 Hazardous substances—statutory undertakers.

1

The appropriate Minister shall be the planning authority in respect of hazardous substances in relation to land to which this section applies.

2

This section applies—

a

to operational land of statutory undertakers;

b

to land in which statutory undertakers hold, or propose to acquire, an interest with a view to the land being used as operational land.

3

For the purposes of this section any land to which this subsection applies but which is not operational land of statutory undertakers authorised to carry on a harbour shall be treated as if it were such operational land.

4

Subsection (3) above applies—

a

to a wharf; and

b

to harbour land,

as defined in the M22Harbours Act 1964.

5

Any question whether subsection (3) above applies to land shall be determined by the Secretary of State and the Minister who is the appropriate Minister in relation to operational land of statutory undertakers who are authorised to carry on harbour undertakings.

56CF210 Requirement of hazardous substances consent.

1

Subject to the provisions of this Part of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”) unless the aggregate quantity of the substance—

a

on, under or over the land;

b

on, under or over other land which is within 500 metres of it and controlled by the same person; or

c

in or on a structure controlled by the same person any part of which is within 500 metres of it,

is less than the controlled quantity.

2

The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.

3

The Secretary of State—

a

shall by regulations specify—

i

the substances that are hazardous substances for the purposes of this Act;

ii

the quantity which is to be the controlled quantity of any such substance;

b

may by regulations provide that hazardous substances consent is not required or is only required—

i

in relation to land of prescribed descriptions;

ii

by reason of the presence of hazardous substances in prescribed circumstances;

c

may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance for the purposes of this Act.

4

Regulations which—

a

are made by virtue of sub-paragraph (i) of subsection (3)(a) above; or

b

are made by virtue of sub-paragraph (ii) of that paragraph and reduce the controlled quantity of a substance,

may make such transitional provision as appears to the Secretary of State to be appropriate.

5

The power to make such transitional provision includes, without prejudice to its generality, power to apply section 38 of the Housing and Planning Act 1986 subject to such modifications as appear to the Secretary of State to be appropriate.

6

Regulations under this section may make different provision for different cases or descriptions of cases.

7

Bodies corporate which are inter-connected for the purposes of the Fair Trading Act 1973 are to be treated as being one person for the purposes of this section and sections 56D to 56L and 97B below.

may require the planning authority to conduct appropriate consultations before determining applications for hazardous substances consent;

c

may provide for the manner in which such a consultation is to be carried out and the time within which—

i

such a consultation;

ii

any stage in such a consultation,

is to be completed;

d

may require the planning authority to determine applications for hazardous substances consent within such time as may be prescribed;

e

may require the planning authority to give prescribed persons or bodies prescribed information about applications forhazardous substances consent including information as to the manner in which such applications have been dealt with.

5

In subsection (4) above “appropriate consultations”F213means—

a

consultations—

i

in the case of a planning authority other than the appropriate Minister, with the Health and Safety Executive; and

ii

in the case of the appropriate Minister, with the Health and Safety Commission; and

b

consultations withF213means consultations with the Health and Safety Executive and with such persons or bodies as may be prescribed.

6

Regulations under this section may make different provision for different cases or descriptions of cases.

C3456DAF243 Fees.

1

The Secretary of State may by regulations makeprovision for fees of the prescribed amount in respect of applications for, or for the continuation of, hazardous substances consent—

a

made to an urban development corporation under section 56A(2) above to be paid to the corporation;

b

referred to him under section 32 above as having effect by virtue of section 56F below to be paid to him;

c

deemed to have been made to him under section 85(7) below by virtue of regulations made under section 97B(10) below to be paid to him.

2

Regulations made under this section may provide for—

a

the transfer to the Secretary of State of any fee received by a planning authority in respect of an application referred to in paragraph (b) or (c) of subsection (1) above;

b

the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by him;

and the regulations may make different provision for different areas or for different cases or descriptions of cases.

in section 34, the words “by the development order” shall be omitted from both places where they occur.

F2193

Subsections (1) and (2) above do not have effect in relation to applications for hazardous substances consent relating to land to which section 56B of this Act applies or to decisions on such applications.

56GF222 Deemed hazardous substances consent by virtue of authorisation of government department.

1

Where—

a

the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority; and

b

the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,

the department may, on granting that authorisation, also direct that hazardous substances consent for that development shall be deemed to be granted subject to such conditions (if any) as may be specified in the directions.

2

The department shall consult the Health and Safety Commission before issuing any such directions.

3

The provisions of this Act (except F223Part XII) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act, as applied by section 56F of this Act.

4

The reference in subsection (1) above to the authorisation of a government department is to be construed in accordance with section 37(3) of this Act,

F2245

A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the planning authority concerned any such information as appears to be required by them for the purposes of a register under section 56N.

56GF220 Deemed hazardous substances consent by virtue of authorisation of government department.

1

Where—

a

the planning authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.

4

Where—

a

more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and

b

an application under this section does not relate to all the consents,

the planning authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for a consent to which the application does relate.

F2265

Regulations may make provision in relation to applications under this section corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.

56JF227 Power to revoke or modify hazardous substance consent.

1

If it appears to the planning authority that—

a

there has been a material change of use of land to which a hazardous substances consent relates; or

b

planning permission has been granted for development the carrying out of which would involve a material change of use of such land and the development to which the permission relates has been commenced,

they may by order—

i

if the consent relates only to one substance, revoke it;

ii

if it relates to more than one, revoke it or revoke it so far as it relates to a specified substance.

2

The planning authority may by order—

a

revoke a hazardous substances consent which relates to only one substance if it appears to them that that substance has not for at least 5 years been present on, under or over the land to which the consent relates in a quantity equal to or exceeding the controlled quantity; and

b

revoke a hazardous substances consent which relates to a number of substances if it appears to them that none of those substances has for at least 5 years been so present.

3

The planning authority may by order revoke a hazardous substances consent or modify it to such extent as they consider expedient if it appears to them, having regard to any material consideration, that it is expedient to revoke or modify it.

4

An order under this section shall specify the grounds on which it is being made.

5

An order under this section, F228other than an order relating to land to which section 56B of this Act applies, shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modification as he considers expedient.

6

Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, the authority shall serve notice of the order on—

a

any person who is an owner, occupier or lessee of the whole or any part of the land to which the order relates; and

b

any other person who in their opinion will be affected by the order;

and if within the period specified in that behalf in the notice (not being less than 28 days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

7

8

Section 159 of this Act shall have effect where a hazardous substances consent is revoked or modified by an order made in the exercise of the power conferred by subsection (3) of this section as it has effect where an order is made under section 49 of this Act.

in section 34—

i

the words “by the development order” shall be omitted from the first place where they occur; and

ii

the words “the application shall be deemed to have been granted” shall be substituted for the words following paragraph (b).

12

Where the authority modify or revoke the consent, they shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.

56LF231 Offences. C33

1

Subject to this Part of this Act, if there is a contravention of hazardous substances control, the appropriate person shall be guilty of an offence.

2

There is a contravention of hazardous substances control—

a

if a quantity of a hazardous substance equal to or exceeding the controlled quantity is or has been present on, under or over land and either—

i

there is no hazardous substances consent for the presence of the substance; or

ii

there is hazardous substances consent for its presence but the quantity present exceeds the maximum quantity permitted by the consent;

b

if there is or has been a failure to comply with a condition subject to which a hazardous substances consent was granted.

3

In subsection (1) above

“the appropriate person” means—

a

in relation to a contravention falling within paragraph (a) of subsection (2) above—

i

any person knowingly causing the substance to be present on, over or under the land;

ii

any person allowing it to be so present; and

b

in relation to a contravention falling within paragraph (a) or (b) of that subsection, the occupier of the land.

4

A person guilty of an offence under this section shall be liable—

a

on summary conviction, to a fine not exceeding the statutory maximum; or

b

on conviction on indictment, to a fine,

and if the contravention is continued after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £200 for each day on which it continues or on conviction on indictment to a fine.

5

In any proceedings for an offence under this section it shall be a defence for the accused to prove—

a

that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or

b

that commission of the offence could be avoided only by the taking of action amounting to a breach of a statutory duty.

6

In any proceedings for an offence consisting of a contravention falling within subsection (2)(a) above, it shall be a defence for the accused to prove that at the time of the alleged commission of the offence he did not know, and had no reason to believe—

a

if the case falls within paragraph (a)(i)

F233Subject to subsection (4) below, the Secretary of State shall send a copy of any such direction to the planning authority in relation to the land.

F2344

Where the land is land to which section 56B of this Act applies, the Secretary of State shall send the copy to the authority which would be the planning authority in relation to that land but for that section.

56NF235 Registers, etc.

1

Every planning authority shall keep, in such manner as may be prescribed, a register containing such information as may be so prescribed with respect—

a

to applications for hazardous substances consent F236—

i

made to that authority, or

ii

made to the appropriate Minister with respect to land in relation to which, but for section 56B of this Act, that authority would be the planning authority;

and including information as to the manner in which such applications have been dealt with;F236made to that authority;

aa

to applications under section 56K(2) above made to that authority;

b

to hazardous substances consent deemed to be granted under section 38 of the Housing and Planning Act 1986 with respect to land in relation to which that authority is F237or but for section 56B of this Act would be, the planning authority;

c

to revocations or modifications of hazardous substances consent granted with respect to such land; and

d

to directions under section 56M above sent to the authority by the Secretary of State, F238, and every such register shall also contain such information as may be prescribed as to the manner in which applications for hazardous substances consent have been dealt with.

F2392

Where with respect to any land the appropriate Minister exercises any of the functions of a planning authority for the purposes of hazardous substances control he shall send to the authority which, but for section 56B of this Act, would be the planning authority for those purposes in relation to that land any such information as appears to him to be required by them for the purposes of maintaining a register under this section.

3

Every register kept under this section shall be available for inspection by the public at all reasonable hours.

56OF240 Health and safety requirements.

1

Nothing in—

a

any hazardous substances consent granted or deemed to be granted under—

i

the preceding provisions of this Act; or

ii

section 38 of the Housing and Planning Act 1986; or

b

any hazardous substances contravention notice issued under section 97B of this Act,

shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions; and to the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.

2

Where it appears to a planning authority who have granted or are deemed to have granted a hazardous substances consent or who have issued a hazardous substances contravention notice that the consent or notice or part of it is rendered void by subsection (1) above, the authority shall, as soon as is reasonably practicable, consult the F241appropriate bodyF241Health and Safety Executive with regard to the matter.

3

If the F241appropriate bodyF241Health and Safety Executive advise the authority that the consent or notice is rendered wholly void, the authority shall revoke it.

4

If they advise that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.

5

In this section—

F242“the appropriate body” means—

a

in relation to a planning authority other than the appropriate Minister, the Health and Safety Executive; and

b

in relation to the appropriate Minister, the Health and Safety Commission; and

“relevant statutory provisions”,

“improvement notice” and

“prohibition notice” have the same meanings as in Part I of the Health and Safety at Work etc. Act M251974.

Trees

57 Planning permission to include appropriate provision for preservation and planting of trees.

It shall be the duty of the. . . F244 planning authority—

a

to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and

b

to make such orders under section 58 of this Act as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

that he served notice of his intention to do the act in question, with sufficient particulars to identify the tree, on the planning authority in whose district the tree is or was situated; and

b

that he did the act in question—

i

with the consent of the said planning authority, or

ii

after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.

4

The Secretary of State may by regulations direct that this section shall not apply in such cases as may be specified in the regulations.

5

Without prejudice to the generality of subsection (4) above, the regulations may be framed so as to exempt from the application of this section cases defined by reference to all or any of the following matters, namely—

a

acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;

b

trees in such conservation areas as may be so specified;

c

trees of a size or species so specified; or

d

trees belonging to persons or bodies of a description so specified;

and the regulations may, in relation to any matter by reference to which an exemption is conferred by them, make different provision for different circumstances.

6

Regulations under subsection (4) above may in particular, but without prejudice to the generality of that subsection, exempt from the application of this section cases exempted from the application of section 58 above by subsection (6) of that section.

7

It shall be the duty of every planning authority to compile and keep available for public inspection free of charge at all reasonable hours and at a convenient place a list, containing such particulars as the Secretary of State may determine of notices under this section affecting trees in their district.

8

If any tree to which this section applies is removed, uprooted or destroyed in contravention of this section or is removed, uprooted or destroyed or dies at a time when its uprooting or felling is authorised only by virtue of the provisions of such regulations under subsection (4) above as are mentioned in subsection (6) above, it shall be the duty of the owner of the land, unless on his application the planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

9

The duty imposed by subsection (8) above on the owner of any land shall attach to the person who is from time to time the owner of he land and may be enforced as provided by section 99 of this Act and not otherwise.

60 Replacement of trees.

1

If any tree in respect of which a tree preservation order is for the time being in force,. . . F260, is removed, F261uprooted or destroyed in contravention of the order or F262, except in the case of a tree to which the order applies as part of a woodland, is removed, F261uprooted or destroyed or dies at a time when its F261uprooting or felling is authorised only by virtue of the provisions of section 58(6) of this Act relating to F261uprooting or felling where urgently necessary in the interests of safety, it shall be the duty of the owner of the land, unless on his application the. . . F263 planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

F2641A

In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees either on or near the land on which the trees removed, uprooted or destroyed stood or on such other land as may be agreed between the planning authority and the owner of the land, and (in either case) in such places as may be designated by the planning authority.

2

In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.

3

The duty imposed by subsection (1) of this section on the owner of any land shall attach to the person who is from time to time the owner of the land and may be enforced as provided by section 99 of this Act and not otherwise.

61 Control of advertisements.

—(1)Subject to the provisions of this section, provision shall be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.

2

Without prejudice to the generality of subsection (1) of this section, any such regulations may provide—

a

for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed, and the manner in which they are to be affixed to the land;

b

for requiring the consent of the. . . F265 planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations;

c

for applying, in relation to any such consent and to applications for such consent, any of the provisions of this Act falling within section 58(2) thereof, subject to such adaptations and modifications as may be specified in the regulations;

d

for the constitution, for the purposes of the regulations, of such advisory committees as may be prescribed, by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.

F2663

Regulations made for the purposes of this section may make different provision with respect to different areas, and in particular may make special provision—

a

with respect to conservation areas; and

b

with respect to areas defined for the purposes of the regulations as areas of special control, being either rural areas or areas other than rural areas which appear to the Secretary of State to require special protection on grounds of amenity;

and, without prejudice to the generality of this subsection, the regulations may prohibit the display in an area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.

4

Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.

5

Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (4) of this section, the regulations shall provide for the publication of notice of the proposed order in such manner as may be prescribed by the regulations, for the consideration of objections duly made thereto, and for the holding of such inquiries or other hearings as may be so prescribed, before the order is made or approved.

6

Regulations made under this section may be made so as to apply to advertisements which are being displayed on the date on which the regulations come into force, or to the use for the display of the advertisements of any site which was being used for that purpose on that date; but any regulations made in accordance with this subsection shall provide for exempting therefrom—

a

the continued display of any such advertisement; and

b

the continued use for the display of advertisements of any such site,

during such period as may be prescribed in that behalf by the regulations, and different periods may be so prescribed for the purposes of different provisions of the regulations.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F267

8

Nothing in this section or in any regulations made thereunder shall be construed as authorising the restriction or regulation of the display of any advertisement by reason only of the subject matter or wording thereof.

62 Application for planning permission not needed for advertisements complying with regulations.

Where the display of advertisements in accordance with regulations made under section 61 of this Act involves development of land, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under Part III of this Act.

Waste land

63 Proper maintenance of waste land.

F268F2691

If it appears to a planning authority that the amenity of any part of their district, or an adjoining district, is adversely affected by the condition of any land in their district, they may serve on the owner, lessee and occupier of the land a notice under this section requiring such steps for abating the adverse effect as may be specified in the notice to be taken within such period as may be so specified.

1A

Service under subsection (1) above shall be effected by the service of a copy of the notice. . . F270

1B

Subject to section 63A of this Act, a F271notice under this section shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (1) above.

1C

The planning authority may withdraw a F271notice under this section (without prejudice to their power to serve another) at any time before it takes effect; and if they so withdraw it, they shall forthwith give notice of the withdrawal to every person on whom the notice was served.

2

No notice may be served under subsection (1) of this section with reference to any building which is—

a

a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments, or

b

a building for the time being included in a list of monuments published by the Secretary of State under any such enactment as aforesaid.

3

The provisions of F272section 88 of this Act shall, subject to any necessary modifications, apply in respect of a notice served under this section as they apply in respect of an enforcement notice served under section 84 of this Act.

63AF273 Appeals against waste land notices.

1

A person on whom a F274notice under section 63 of this Act is served, or any other person having an interest in the land to which the notice relates, may at any time before the date specified in the notice as the date on which it is to take effect appeal to the Secretary of State against the notice, on any of the following grounds—

F275a

that neither the amenity of any part of the planning authority’s district nor that of any adjoining district has been adversely affected;

b

that the steps required by the notice to be taken exceed what is necessary to remedy any such F276adverse effect;

c

that the specified period for compliance with the notice falls short of what should reasonably be allowed;

d

that the condition of the land is attributable to, and such as results in the ordinary course of events from, a continuing lawful use of the land or from continuing lawful operations carried out thereon; or

e

that the notice was served other than in accordance with section 63 of this Act.

2

An appeal under this section shall be made by notice in writing to the Secretary of State.

3

The provisions of subsections (2A) to (2D) of section 85 of this Act shall apply to appeals under this section as they apply to appeals under that section.

4

On an appeal under this section the Secretary of State—

a

may correct any informality, defect or technical error in the notice if he is satisfied that it is not material; and

b

may disregard the failure of the planning authority to serve the notice upon a person upon whom it should have been served, if it appears to him that neither that person nor the appellant has been substantially prejudiced by that failure.

5

Where an appeal is brought under this section, the F274notice under section 63 of this Act shall be of no effect pending the final determination, or the withdrawal, of the appeal.

6

In determining an appeal under this section the Secretary of State shall give such directions as seem to him appropriate; and these may include directions for quashing the notice or for varying its terms in favour of the appellant.

F2777

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

64F278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C37Part V Enforcement of Control under Parts III and IV

Annotations:

Modifications etc. (not altering text)

C37

Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

F355 Introductory

Annotations:

Amendments (Textual)

F355

Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art.4 and S.I. 1992/1937, art. 4 (with art. 5).

F35683AF356Expressions used in connection with enforcement.

1

For the purposes of this Act—

a

carrying out development without the required planning permission; or

b

failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

2

For the purposes of this Act—

a

the issue of an enforcement notice (defined in section 84 of this Act); or

b

the service of a breach of condition notice (defined in section 87AA of this Act),

constitutes taking enforcement action.

3

In this Part of this Act “planning permission” includes planning permission under Part III of the M28Town and Country Planning (Scotland) Act 1947.

F35783BF357Time limits.

1

Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

2

Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

C493

In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

4

The preceding subsections do not prevent—

a

the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or

C50b

taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the planning authority have taken or purported to take enforcement action in respect of that breach.

F358 Planning contravention notices

Annotations:

Amendments (Textual)

F358

Ss. 83C, 83D and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.33 (with s. 84(5)); S.I. 1992/334, art.4.

F35983CF359Power to require information about activities on land.

1

Where it appears to the planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—

a

is the owner or occupier of the land or has any other interest in it; or

b

is carrying out operations on the land or is using it for any purpose.

2

A planning contravention notice may require the person on whom it is served to give such information as to—

a

any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and

b

any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,

as may be specified in the notice.

3

Without prejudice to the generality of subsection (2) of this section, the notice may require the person on whom it is served, so far as he is able—

a

to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;

b

b

recklessly makes such a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

6

A person guilty of an offence under subsection (5) of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Development requiring planning permission

84 Power to serve enforcement notice.

1

Where it appears to the. . . F279 planning authority that there has been a breach of planning control after the end of 1964, then, subject. . . F280 to the following provisions of this section, the authority, if they consider it expedient to do so having regard to the provisions of the development plan and to any other material considerations, may serve a notice under this section (in this Act referred to as an “enforcement notice”) requiring the breach to be remedied.

2

There is a breach of planning control if development has been carried out, whether before or after the commencement of this Act, without the grant of planning permission required in that behalf in accordance with Part III of this Act, or if any conditions or limitations subject to which planning permission was granted have not been complied with.

3

Where an enforcement notice relates to a breach of planning control consisting in—

a

the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land; or

b

the failure to comply with any condition or limitation which relates to the carrying out of such operations and subject to which planning permission was granted for the development of that land; or

c

the making without planning permission of a change of use of any building to use as a single dwelling-house F281; or

d

the failure to comply with a condition which prohibits, or has the effect of preventing, a change of use of a building to use as a single dwelling-house,

it may be served only within the period of four years from the date of the breach.

4

If any dispute arises under subsection (3) of this section as to the date on which the breach of planning control occurred, the onus of proof as to that date shall rest on the person claiming the benefit of that subsection.

5

An enforcement notice shall be served on the owner, lessee and occupier of the land to which it relates and on any other person having an interest in that land, being an interest which in the opinion of the authority is materially affected by the notice.

F2825A

Service under subsection (5) above shall be effected by the service of a copy of the notice; and references in this Act to service of enforcement notices shall be so construed.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283

F2847

In an enforcement notice the planning authority shall specify the matters alleged to constitute a breach of planning control and the steps required to be taken to restore the land to its condition before the breach took place F285or, (according to the particular circumstances of the breach) to secure compliance with the conditions or limitations subject to which planning permission was granted; but may in addition specify, as an alternative, the steps required to be taken to bring the land to a condition acceptable to the planning authority, having regard to the development plan and any other material consideration.

7A

The planning authority shall also specify in the enforcement notice—

a

the period or periods within which any steps specified under subsection (7) above are to be carried out; and any such period shall begin with the date when the notice is to take effect; and

C38b

such additional matters as may be prescribed under subsection (12) of this section.

7B

Where a development in respect of which an enforcement notice has been served is altered in accordance with steps required by virtue of subsection (7) above, planning permission shall be deemed to have been granted in respect of the development as so altered.

8

The steps which may be required by an enforcement notice to be taken include the demolition or alteration of any buildings or works, the discontinuance of any use of land, or the carrying out on land of any building or other operations.

F2869

Subject to section 85 of this Act, an enforcement notice shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (5) above.

C3810

The. . . F279 planning authority may withdraw an enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and, if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

11

The validity of a notice purporting to be an enforcement notice shall not depend on whether any non-compliance to which the notice relates was a non-compliance with conditions, or with limitations, or with both; and any reference in such a notice to non-compliance with conditions or limitations (whether both expressions are used in the notice or only one of them) shall be construed as a reference to non-compliance with conditions, or with limitations, or both with conditions and limitations, as the case may require.

F287 C3812

The Secretary of State may prescribe matters, additional to those mentioned in subsections (7) and (7A) above, to be specified by planning authorities in enforcement notices; and without prejudice to the generality of the foregoing provisions of this subsection may require a planning authority to include in an enforcement notice—

a

a note, in such terms as may be prescribed, explaining the rights of persons to appeal against the notice; and

b

a note of the planning authority’s reasons for serving the notice.

all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

12

Where—

a

an enforcement notice requires the construction of a replacement building; and

b

all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of that construction.

F299 C4484ABF299Variation and withdrawal of enforcement notices.

1

The planning authority may—

a

withdraw an enforcement notice issued by them; or

b

waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 84AA(9) of this Act.

2

The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

3

The planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

4

The withdrawal of an enforcement notice does not affect the power of the planning authority to issue a further enforcement notice.

84AF288 Power of regional planning authority to take enforcement action.

1

If a regional planning authority are of the opinion that a structure plan prepared by them and approved by the Secretary of State is materially prejudiced by a breach of planning control they may, after consultation with any district planning authority in whose district the breach has taken place, and subject to subsection (2) below, serve an enforcement notice under this subsection requiring the breach Ato be remedied.

2

Where a regional planning authority serve a notice under subsection (1) above the provisions of sections 84 (except subsection (1)), 85, 86, 87, 88, 89, 89A, 166, 265(1)(c) and 265(2A) of this Act shall apply, with any necessary modifications, in relation to the regional planning authority and a notice under subsection (1) above as they apply in relation to a district planning authority and a notice under subsection (1) of the said section 84.

grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate;

b

determine any purpose for which the land may, in the circumstances obtaining at the time of the determination, be lawfully used having regard to any past use thereof and to any planning permission relating to the land.

6

In considering whether to grant planning permission under subsection (5) of this section, the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations; and any planning permission granted by him under that subsection may—

a

include permission to retain or complete any buildings or works on the land, or to do so without complying with some condition attached to a previous planning permission;

b

be granted subject to such conditions as the Secretary of State thinks fit;

and where under that subsection he discharges a condition or limitation, he may substitute for it any other condition or limitation.

7

Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission for the development to which the notice relates and, in relation to any exercise by the Secretary of State of his powers under subsection (5) of this section, the following provisions shall have effect—

a

any planning permission granted thereunder shall be treated as granted on the said application;

b

in relation to a grant of planning permission or a determination under that subsection, the Secretary of State’s decision shall be final; and

c

for the purposes of section 31 of this Act, the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the. . . F293 planning authority.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294

9

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by regulations under any other provision of this Act.

C4010

The validity of an enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of this section.

C4011

Subsection (10) of this section shall not apply to proceedings brought under section 86 of this Act against a person who—

a

has held an interest in the land since before the enforcement notice was served under section 84 of this Act; and

b

did not have the enforcement notice served on him thereunder; and

c

satisfies the court that—

i

he did not know and could not reasonably have been expected to know that the enforcement notice had been served; and

ii

his interests have been substantially prejudiced by the failure to serve him.

86 Penalties for non-compliance with enforcement notices. C41

Where, by virtue of an enforcement notice, a use of land is required to be discontinued, or any conditions or limitations are required to be complied with in respect of a use of land or in respect of the carrying out of operations thereon, then if any person, without the grant of planning permission, uses the land or causes or permits it to be used, or carries out those operations or causes or permits them to be carried out, in contravention of the notice, he shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine; and if the use is continued after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding F295£200 for each day on which the use is so continued, or on conviction on indictment to a fine.

C4287F296 Stop Notices.

1

Subject to the provisions of subsection (2) of this section, where a planning authority have served an enforcement notice, they may at any time before it takes effect serve a further notice (to be referred to as a “stop notice”) referring to the enforcement notice, a copy of which shall be enclosed therewith, for the purpose of prohibiting the carrying out or continuing of any activity or part of any activity which either is alleged in the enforcement notice to constitute or involve a breach of planning control or is so closely associated therewith as to constitute substantially the same activity.

2

A stop notice—

a

b

shall be publicised by displaying it for seven days in place of all or any relative site notices.

F300 Breach of condition

Annotations:

Amendments (Textual)

F300

S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

F30787AAF307Enforcement of conditions.

1

This section applies where planning permission for carrying out any development has been granted subject to conditions.

2

The planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—

a

any person who is carrying out or has carried out the development; or

b

any person having control of the land,

requiring him to secure compliance with such of the conditions as are specified in the notice.

3

References in this section to the person responsible are to the person on whom the breach of condition notice has been served.

4

The conditions which may be specified in a notice served by virtue of subsection (2)(b) of this section are any of the conditions regulating the use of the land.

5

A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.

6

The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.

7

The period allowed for compliance with the notice is—

a

such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice, or

b

that period as extended by a further notice served by the planning authority on the person responsible.

8

If, at any time after the end of the period allowed for compliance with the notice.

a

any of the conditions specified in the notice is not complied with, and

b

the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,

the person responsible is in breach of the notice.

9

If the person responsible is in breach of the notice he shall be guilty of an offence.

10

An offence under subsection (9) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

11

It shall be a defence for a person charged with an offence under subsection (9) of this section to prove—

a

that he took all reasonable measures to secure compliance with the conditions specified in the notice; or

b

where the notice was served on him by virtue of subsection (2)(b) of this section, that he no longer had control of the land.

12

A person who is guilty of an offence under subsection (9) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

13

In this section—

a

“conditions” includes limitations; and

b

references to carrying out any development include causing or permitting another to do so.

C4587AF301 Register of waste land, enforcement and stop notices.

1

Every general and district planning authority shall, with respect to waste land notices, enforcement notices and stop notices which have been served in relation to land in their district, keep a register—

a

in such manner; and

b

containing such information,

as may be prescribed; and there may also be prescribed circumstances in which an entry in the register shall be deleted.

2

Every register kept under this section shall be available for inspection by the public at all reasonable hours.

88 Execution and cost of works required by enforcement notice.

1

If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the. . . F302 planning authority may allow, any steps required by the notice to be taken (other than the discontinuance of a use of land) have not been taken, the. . . F302 planning authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so; and if that person, having been entitled to appeal to the Secretary of State failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken in accordance with the notice by the. . . F302 planning authority.

F3031A

In computing the amount of the expenses which may be recovered by them under subsection (1) above, a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.

2

Any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with an enforcement notice served in respect of any breach of planning control (as defined in section 84(2) of this Act) and any sums paid by the owner or lessee of any land under subsection (1) of this section in respect of expenses incurred by the. . . F302 planning authority in taking steps required by such a notice to be taken, shall be recoverable from the person by whom the breach of planning control was committed.

F3043

If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is proventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.

4

A planning authority taking steps under subsection (1) above may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

5

Where a planning authority seek, under subsection (1) above, to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—

a

he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person; and

b

he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but a planning authority who by reason of the foregoing provisions of this subsection have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.

89 Enforcement notice to have effect against subsequent development. C46

1

Compliance with an enforcement notice, whether in respect of—

a

the demolition or alteration of any building or works; or

b

the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

2

Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

3

Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered.

4

a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding F305level 5 on the standard scale.

89AF306 Effect of subsequent planning permission on enforcement notice. C47

—Notwithstanding subsections (1) to (3) of section 89 of this Act, an enforcement notice shall cease to have effect to the extent that its terms are inconsistent with the terms of any planning permission granted, or deemed to have been granted, subsequent to the service of the notice.

F308 Certificate of lawful use or development

Annotations:

Amendments (Textual)

F308

Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

90 Certification of established use.

1

For the purposes of this Part of this Act, a use of land is established if—

a

it was begun before the beginning of 1965 without planning permission in that behalf and has continued since the end of 1964; or

b

it was begun before the beginning of 1965 under a planning permission in that behalf granted subject to conditions or limitations, which either have never been complied with or have not been complied with since the end of 1964; or

c

it was begun after the end of 1964 as the result of a change of use not requiring planning permission and there has been, since the end of 1964, no change of use requiring planning permission.

2

Where a person having an interest in land claims that a particular use of it has become established, he may apply to the. . . F309 planning authority for a certificate (in this Act referred to as an “established use certificate”) to that effect:

Provided that no such application may be made in respect of the use of land as a single dwellinghouse, or of any use not subsisting at the time of the application.

3

An established use certificate may be granted (either by the. . . F309 planning authority or, under section 91 of this Act, by the Secretary of State)—

a

either for the whole of the land specified in the application, or for a part of it;

b

in the case of an application specifying two or more uses, either for all those uses or for some one or more of them.

4

On an application to them under this section, the. . . F309 planning authority shall, if and so far as they are satisfied that the applicant’s claim is made out, grant to him an established use certificate accordingly; and if and so far as they are not so satisfied, they shall refuse the application.

5

Where an application is made to a. . . F309 planning authority for an established use certificate, then unless within such period as may be prescribed by a development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . F309 planning authority, the authority give notice to the applicant of their decision on the application, then, for the purposes of section 91(2) of this Act, the application shall be deemed to be refused.

6

Schedule 12 to this Act shall have effect with respect to established use certificates and applications therefor and to appeals under section 91 of this Act.

7

An established use certificate shall, as respects any matters state therein, be conclusive for the purposes of an appeal to the Secretary of State against an enforcement notice served in respect of any land to which the certificate relates, but only where the notice is served after the date of the application on which the certificate was granted.

8

If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for an established use certificate or on an appeal arising out of such an application—

a

knowingly or recklessly makes a statement which is false in a material particular; or

b

with intent to deceive, produces, furnishes, sends or otherwise makes use of any document which is false in a material particular; or

c

with intent to deceive, withholds any material information,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

F31390AF313Certificate of lawfulness of proposed use or development.

1

If any person wishes to ascertain whether—

a

any proposed use of buildings or other land; or

b

any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the planning authority specifying the land and describing the use or operations in question.

2

If, on an application under this section, the planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application they shall issue a certificate to that effect; and in any other case they shall refuse the application.

3

A certificate under this section shall—

a

specify the land to which it relates;

b

describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

c

give the reasons for determining the use or operations to be lawful; and

d

specify the date of the application for the certificate.

4

There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.

F31490BF314Certificates under sections 90 and 90A: supplementary provisions.

1

An application for a certificate under section 90 or 90A of this Act shall be made in such manner as may be prescribed by regulations under this Act or a development order and shall include such particulars, and be verified by such evidence, as may be required by such regulations or such an order or by any directions given under such regulations or such an order or by the planning authority.

2

Provision may be made by such regulations or a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by planning authorities.

3

In particular, such regulations or such an order may provide for requiring the authority—

a

to give to any applicant within such time as may be prescribed by the regulations or the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

b

to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

4

A certificate under either of those sections may be issued—

a

for the whole or part of the land specified in the application; and

b

where the application specifies two or more uses, operations or other things, for all of them or some one or more of them,

and shall be in such form as may be prescribed by such regulations or a development order.

5

A certificate under section 90 or 90A shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

6

In section 31 of this Act references to applications for planning permission shall include references to applications for certificates under section 90 or 90A of this Act.

7

A planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

91 Grant of certificate by Secretary of State on referred application or appeal against refusal.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F310

2

Where an application is made to a. . . F311 planning authority for an estblished use certificateand is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—

a

if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and

b

if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.

3

On. . . F312 an appeal to him under subsection (2) of this section, the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the. . . F311 planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

4

Before determining an. . . F312 appeal under this section the Secretary of State shall, if either the. . . F312 appellant. . . F312 or the. . . F311 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

5

In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the. . . F312 appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application.

6

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

F361 Rights of entry for enforcement purposes

Annotations:

Amendments (Textual)

F361

Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 43(1), 84(2) (with s. 84(5)); S.I. 1992/334, art.4

F36291AF362Right to enter without warrant.

1

2

Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

4

The provisions of section 168 of this Act shall apply in relation to compensation under subsection (3) of this section as they apply in relation to compensation under Part VIII of this Act.

5

If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

6

Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

7

A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

Listed buildings

92 Power to serve listed building enforcement notice.

1

Where it appears to the. . . F316 planning authority that any works have been, or are being, executed to a listed building in their district and are such as to involve a contravention of section 53(1) or (4) of this Act, then,. . . F317, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

a

specifying the alleged contravention; and

F318b

specifying one of the following sets of steps—

i

the steps required to restore the building to its former state;

ii

the steps required to bring the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with;

iii

subject to subsection (1A) below, the steps required to alleviate, in a manner acceptable to the planning authority, the effects of works executed without listed building consent; and

c

specifying the period within which steps specified under paragraph (b) above are to be taken.

F3191A

A planning authority may specify steps under sub-paragraph (iii) of paragraph (b) of subsection (1) above, if, but only if, it appears to them either—

a

that complete restoration of the building to its former state is not reasonably practicable; or

b

that such restoration is undesirable, having regard to the desirability of preserving—

i

the character of the building; or

ii

its features of architectural or historical interest.

2

a notice under this section is in this Act referred to as a “listed building enforcement notice”.

F3202A

Where such steps as are mentioned in subsection (1)(b)(iii) above have been taken in relation to works carried out on a building, listed building consent shall be deemed to have been granted in respect of those works as alleviated.

3

a listed building enforcement notice shall be served on the owner, on the lessee and on the occupier of the building to which it relates and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

F3213A

Service under subsection (3) above shall be effected by the service of a copy of the notice; and references in this Act to service of listed building enforcement notices shall be so construed.

F3224

Subject to section 93 of this Act, a listed building enforcement notice shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (3) above.

5

The. . . F316 planning authority may withdraw a listed building enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

6

Every. . . F316 planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.

. . . F327

c

if he thinks fit, exercise his power under section 52 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (8) of that section to direct that that subsection shall no longer apply to the building.

F3286

Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.

7

The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.

8

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

94 Penalties for non-compliance with listed building enforcement notice.

1

Subject to the provisions of this section, where a listed building enforcement notice has been served in respect of any building and any steps required by the notice to be taken have not been taken within the period allowed for compliance with the notice, the person responsible for the contravention mentioned in section 92(1) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine.

2

96 Enforcement by, or by direction of, the Secretary of State.

2

The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

3

Where the works consist of or include works for affording temporary support or shelter for the building—

a

the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

b

notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

4

b

that—

i

admission to the land has been refused, or a refusal is reasonably apprehended; or

ii

the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

3

For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

4

A warrant authorises entry on one occasion only and that entry must be—

a

within one month from the date of the issue of the warrant; and

b

at a reasonable hour, unless the case is one of urgency.

F33797ACF337Rights of entry in relation to listed buildings: supplementary provisions.

1

Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—

a

shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

b

may take with him such other persons as may be necessary; and

c

on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

2

Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.

3

4

If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.

5

6

Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

7

8

No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.

9

The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—

a

the land in question is held by statutory undertakers; and

b

they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

10

Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.

F338 Hazardous substances

Annotations:

Amendments (Textual)

F338

S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5

make such other provision as he considers necessary orexpedient in relation to hazardous substances contravention notices.

11

If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

12

Regulations under this section may make different provisions for different cases or descriptions of cases.

F34197BAF341Variation of hazardous substances contravention notices.

1

A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.

2

The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.

3

The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.

F34297BBF342Further provision as to rights of entry in relation to hazardous substances control.

1

The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.

2

2

3

4

5

Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

6

A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

7

The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—

a

the land in question is held by statutory undertakers; and

b

they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

8

Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.

Trees

98 Penalties for non-compliance with tree preservation order.

F3441

If any person, in contravention of a tree preservation order, cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and shall be liable—

a

on summary conviction to a fine not exceeding £400 or twice the sum which appears to the court to be the value of the tree, whichever is the greater; or

b

on conviction on indictment, to a fine,

2

If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1) of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F345level 4 on the standard scale.

3

If, in the case of a continuing offence under this section, the contravention is continued after the conviction, the offender shall be guilty of a further offence and liable on summary conviction to an additional fine not exceeding F346£100 for each day on which the contravention is so continued.

F3474

This section shall apply to an offence under section 59A above as it applies to a contravention of a tree preservation order.

99 Enforcement of duties as to replacement of trees.

1

If it appears to the. . . F348 planning authority that the provisions of section 60 of this Act, or any conditions of a consent given under a tree preservation order which require the replacement of trees, are not complied with in the case of any tree or trees, that authority may, at any time within two years from the date on which the failure to comply with the said provisions or conditions came to their knowledge, serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.

2

Subject to the following provisions of this section, a notice under this section shall take effect at the end of such period, not being less than twenty-eight days after the service of the notice, as may be specified in the notice.

3

a person on whom a notice under this section is served may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

a

that the provisions of the said section 60 or the conditions aforesaid are not applicable or have been complied with;

b

that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified therein;

c

that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;

d

that the place on which the tree is or trees are required to be planted is unsuitable for that purpose;

and the provisions of section 85(2) F349to (2D), (3) and (4)(a) of this Act, and of so much of section 85(5) of this 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.

4

Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under subsection (3) of this section.

5

In section 88 of this Act, and in regulations in force under that section, references to an enforcement notice and an enforcement notice served in respect of any breach of planning control shall include references to a notice under this section; and in relation to such a notice the reference in subsection (2) of that section to the person by whom the breach of planning control was committed shall be construed as a reference to any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.

F365 Rights of entry

Annotations:

Amendments (Textual)

F365

Ss. 99A-99C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 54(3) (with s. 84(5)); S.I. 1992/334, art. 4.

F36699AF366Rights to enter without warrant.

1

Any person duly authorised in writing by a planning authority may enter any land for the purpose of—

a

surveying it in connection with making or confirming a tree preservation order with respect to the land;

b

ascertaining whether an offence under section 59A or 98 of this Act has been committed on the land; or

c

determining whether a notice under section 99 should be served on the owner of the land,

if there are reasonable grounds for entering for the purpose in question.

2

Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.

3

Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 57 to 60 and 99 of this Act.

4

Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 163 of this Act.

5

Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under section 58 or 99 of this Act.

6

The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.

7

Admission shall not be demanded as of right—

a

by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or

b

by virtue of subsection (3), (4) or (5) to any land which is occupied,

unless 24 hours’ notice of the intended entry has been given to the occupier.

8

Any right to enter by virtue of this section shall be exercised at a reasonable hour.

F36799BF367Right to enter under warrant.

1

c

on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

3

4 Other controls

100F350 Enforcement of orders under sections 49, 49A and 49B.

1

Any person who, without the grant of planning permission in that behalf,—

a

uses land, or causes or permits land to be used,—

i

for any purpose for which an order under section 49 of this Act has required that its use shall be discontinued; or(ii)in contravention of any condition imposed by such an order by virtue of subsection (1) of that section; or

b

resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals the resumption of which an order under section 49A of this Act has prohibited; or

c

contravenes, or causes or permits to be contravened, any such requirement as is specified in section 49A(3) or (4) of this Act,

shall be guilty of an offence.

2

Any person who contravenes any requirement of a suspension order or a supplementary suspension order or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

3

Any person guilty of an offence under this section shall be liable—

a

on summary conviction to a fine not exceeding the statutory maximum; and

b

on conviction on indictment, to a fine.

4

If—

a

any step required by an order under section 49 of this Act to be taken for the alteration or removal of any buildings or works or any plant or machinery; or

b

any step required by an order under section 49A of this Act to be taken—

i

for the alteration or removal of plant or machinery; or

ii

for the removal or alleviation of any injury to amenity; or

c

any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order,

has not been taken within the period specified in the order, or within such extended period as the planning authority may allow, the planning authority may enter the land and take that step, and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

5

A planning authority taking any step in terms of subsection (4) of this section may sell any materials removed by them from any land unless those materials are claimed by the owner within three days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

6

It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

7

If any person charged with an offence under this section alleges that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.

101 Enforcement of control as to advertisements.

1

The matters for which provision may be made by regulations under section 61 of this Act shall include provision for enabling the. . . F351 planning authority to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Part of this Act with respect to enforcement notices or the provisions of section 166 of this Act, subject to such adaptations and modifications as may be specified in the regulations.

C482

Without prejudice to any provisions included in regulations made under section 61 of this Act by virtue of subsection (1) of this section, if any person displays an advertisement in contravention of the provisions of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed by the regulations, not exceeding F352level 3 on the standard scale and, in the case of a continuing offence, F353£40 for each day during which the offence continues after conviction.

3

For the purposes of subsection (2) of this section, and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if—

a

the advertisement is displayed on land of which he is the owner or occupier; or

b

the advertisement gives publicity to his goods, trade, business or other concerns:

Provided that a person shall not be guilty of an offence under that subsection by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.

Annotations:

Modifications etc. (not altering text)

C51

1

The Secretary of State for the Environment may acquire compulsorily any land necessary for the public service.

2

The power of acquiring land compulsorily under this section shall include power to acquire a servitude or other right over land by the grant of a new right:

Provided that this subsection shall not apply to a servitude or other right over any land which would for the purposes of the M30Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 form part of a common or open space.

3

The said Act of 1947 shall apply to any compulsory acquisition by the Secretary of State for the Environment under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.

104 Compulsory acquisition of listed building in need of repair.

1

Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, the Secretary of State may authorise the. . . F372 planning authority for the district in which the building is situated to acquire compulsorily under this section the building and 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.

2

Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, he may be authorised under this section to acquire compulsorily the building and any land comprising or contiguous or adjacent to it which appears to him to be required for the purpose mentioned in subsection (1) of this section.

3

This section applies to any listed building, not being an excepted building as defined in section 56(2) of this Act.

4

The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

5

M31The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect—

a

as if this section had been in force immediately before the commencement of that Act; and

b

as if references therein to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Secretary of State and to the provisions of this section.

6

Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within twenty-eight days after the service of the notice required to be served under paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order prohibiting further proceedings on the compulsory purchase order; and, if the sheriff is satisfied that reasonable steps have been taken for properly preserving the building, he shall make an order accordingly.

7

Any person aggrieved by the decision of the sheriff on an application under subsection (6) of this section may appeal against the decision to the Court of Session, but on a question of law only.

105 Repairs notice as preliminary to compulsory acquisition under s. 104.

1

Neither a. . . F373 planning authority nor the Secretary of State shall start the compulsory purchase of a building under section 104 of this Act unless at least two months previously they have served on the owner of the building, and not withdrawn, a notice under this section (in this section referred to as a “repairs notice”)—

a

specifying the works which they consider reasonably necessary for the proper preservation of the building; and

b

explaining the effect of sections 104 to 107 of this Act.

2

Where a. . . F373 planning authority or the Secretary of State have served a repairs notice, the demolition of the building thereafter shall not prevent them from being authorised under section 104 of this Act to acquire compulsorily the site of the building, if the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished.

3

A. . . F373 planning authority or the Secretary of State may at any time withdraw a repairs notice served by them; and if they do so, they shall forthwith give notice of the withdrawal to the person who was served with the notice.

4

For the purposes of this section a compulsory acquisition is started when the. . . F373 planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the M32Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

106 Compensation on compulsory acquisition of listed building.

Subject to section 107 of this Act, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which, immediately before the date of the compulsory purchase order, was listed, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building,. . . F374, other than works in respect of which such consent has been applied for before the date of the order and refused by the Secretary of State, or granted by him subject to conditions, the circumstances having been such that compensation thereupon became payable under section 160 of this Act.

107 Minimum compensation in case of listed building deliberately left derelict.

1

A. . . F375 planning authority proposing to acquire a building compulsorily under section 104 of this Act, if they are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or re-development of the site or any adjoining site, may F376make a direction for minimum compensation.

2

Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 104 of this Act, he may, if he is satisfied as mentioned in subsection (1) of this section, include a direction for minimum compensation in the compulsory purchase order.

3

The notice required to be served in accordance with paragraph 3(b) of Schedule 1 to the M33Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (notices stating effect of compulsory purchase order or, as the case may be, draft order) shall, without prejudice to so much of that paragraph as requires the notice to state the effect of the order, include a statement that the authority have made. . . F377 a direction for minimum compensation or, as the case may be, that the Secretary of State has included such a direction in the draft order prepared by him in accordance with paragraph 7 of that Schedule and shall in either case explain the meaning of the expression “direction for minimum compensation”.

4

a direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the M34Land Compensation (Scotland) Act 1963 or this Act, that planning permission would not be granted for any development or re-development of the site of the building and that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair; and if a compulsory purchase order is confirmed or made with the inclusion of such a direction, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.

5

Where a. . . F375 planning authority F378make a direction for minimum compensation, or the Secretary of State includes such a direction in a draft compulsory purchase order prepared by him, any person having an interest in the building may, within twenty-eight days after the service of the notice required by paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order that the. . . F375 planning authority’s F379direction for minimum compensation be reversed or, as the case may be, that such a direction be not included in the compulsory purchase order as made by the Secretary of State; and if the sheriff is satisfied that the building has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1) of this section, he shall make the order applied for.

6

a person aggrieved by the decision of the sheriff on an application under subsection (5) of this section may appeal against the decision to the Court of Session, but on a question of law only.

7

The rights conferred by subsections (5) and (6) of this section shall not prejudice those conferred by section 104(6) and (7) of this Act.

108 Extinguishment of rights over land compulsorily acquired. C54

1

Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land and all other rights or servitudes in or relating to that land shall be extinguished, and any such apparatus shall vest in the acquiring authority.

In construing the Lands Clauses Acts and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, as incorporated by virtue of paragraph 1 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, in relation to any of the provisions of this Part of this Act—

a

references to the execution of the works or to the construction of the railway shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by section 117 of this Act;

b

in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 6 of the said Act of 1845 to the company shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

c

references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

122 Interpretation of Part VI.

In this Part of this Act “established claim” means a claim which by virtue of subsection (2) of this section is to be taken to have been established as therein mentioned, and references to the establishment of a claim shall be construed accordingly; and “the claim area”, in relation to an established claim, means the land in respect of which the claim is by virtue of that subsection to be taken to have been established.

4

References in this Part of this Act to the benefit of an established claim—

a

in relation to any time before the passing of the Town and Country Planning Act 1953, whether before or after making of the claim, or before or after the establishment thereof, shall be construed as references to the prospective right, under the subject to the provisions of the scheme referred to in subsection (1) of this section, to receive a payment in respect of the interest in land to which the claim related; and

b

in relation to any time after the passing of the said Act of 1953, shall be construed as references to such prospective right to the satisfaction of the claim as subsisted by virtue of section 2 of that Act immediately before 1st January 1955 (being the date of the commencement of the Act 1954); and references to part of the benefit of an established claim shall be construed accordingly.

5

References in this Part of this Act to the amount of an established claim are references to the amount determined under Part V of the Act of 1947 as being the development value of the interest in land to which the claim related.

6

In this section any reference to Part V of the Act of 1947 includes a reference to the provisions of the said Part V as modified by Schedule 1 to the Act of 1954.

125 Original unexpended balance of established development value.

1

In this Part of this Act “original unexpended balance of established development value”, in relation to any land, means the unexpended balance of established development value which that land had immediately after the time when, in accordance with section 127 of this Act, the adjustment of claim holdings is deemed to have been completed.

2

For the purposes of this Part of this Act land shall be taken to have had such a balance if, immediately after the time referred to in subsection (1) of this section—

a

there were subsisting one or more claim holdings whose area consisted of that land, or included that land together with other land; and

b

there was not subsisting any claim holding whose area consisted of part only of that land, whether with or without other land.

3

Where subsection (2) of this section applies, there shall be attributed to the land referred to in that subsection—

a

the value of any claim holding having an area consisting of that land; and

b

such fraction of the value of any claim holding whose area included that land as attached to that land, and the original unexpended balance of established development value of that land shall be taken to have been an amount equal to eight-sevenths of the amount or aggregate amount so attributed.

the value of the holding is, by virtue of the adjustment of claim holdings, less or greater than so much of the amount of the relevant established claim as was properly attributable to the area of the holding, the amount of any such fraction as is referred to in subsection (1)(b) of this section shall be treated as reduced, or (as the case may be) increased, proportionately.

4

For the purposes of this section, the part of the amount of the relevant established claim which was properly attributable to any land forming part of the claim area shall be taken to have been so much of the amount of that claim as might reasonably be expected to have been attributed to that land if the authority determining that amount had been required to apportion it, in accordance with the same principles as applied to its determination, between that land and the residue of the claim area.

127 Adjustment of claim holdings.

1

The provisions of Schedule 13 to this Act shall have effect for the purposes of this Part of this Act; and any reference in this Part of this Act to the adjustment of claim holdings is a reference to the operation of those provisions.

2

For the purposes of this Part of this Act the adjustment of claim holdings shall be deemed to have been completed on 1st January 1955.

128 General provisions for continuance of unexpended balance.

Where in accordance with section 125 of this Act land had an original unexpended balance of established development value, then, subject to the following provisions of this Part of this Act, that land shall be taken—

a

to have continued to have that balance until the commencement of this Act; and

b

to continue to have that balance at all times thereafter.

129 Reduction or extinguishment consequence of compensation.

1

Where at any time compensation becomes payable under this Part of this Act, or became payable under Part II of the Act of 1954, in respect of depreciation of the value of an interest in land by a planning decision, then, for the purpose of determining whether that land or any part thereof has or had an unexpended balance of established development value at any subsequent time, the amount of the compensatlon shall be deducted from the original unexpended balance of established development value of that land, and the original unexpended balance of that land or that part thereof shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

2

Subsection (1) of this section shall have effect subject to the provisions of this Part of this Act relating to the recovery of compensation on subsequent development.

130 Reduction or extinguishment of balance on initiation of new development.

1

Where in accordance with section 125 of this Act land had an original unexpended balance of established development value, and at any time on or after 1st July 1948 (whether before or after the commencement of this Act) any new development of that land is or was initiated, then (subject to the following provisions of this section) for the purpose of determining whether that land or any part thereof has or had an unexpended balance of established development value at any subsequent time—

a

if the development relates or related only to that land, the value of that development (ascertained, with reference to that subsequent time, in accordance with the provisions of Schedule 14 to this Act); or

b

if the development relates or related to that land together with other land, so much of the value of that development (so ascertained) as is or was attributable to that land, shall be deducted from the original unexpended balance of established development value of that land, and the original unexpended balance of that land or that part thereof shall be treated as having been reduced or extinguished accordingly immediately before that subsequent time.

2

Subsection (1) of this section shall not apply to any land if, in respect of any interest therein, a payment has become or becomes payable under section 56 of the Act of 1947 (which provided for payments in respect of certain war-damaged land).

3

For the purposes of subsection (1) of this section no account shall be taken of any development initiated before 1st January 1955, if a development charge under Part VI of the Act of 1947 was determined to be payable in respect thereof, or would have fallen to be so determined but for any exemption conferred by regulations under that Part of that Act, or by any provisions of Part VII of that Act.

In this section “the relevant date” means the date of service of the notice to treat or the date of the contract in pursuance of which the interest was sold, as the case may be, and “excepted interest” means the interest of any such person as is mentioned in section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (which relates to persons having no greater interest than as tenant for a year or from year to year).

the amount of the difference shall be ascertained; and

b

for the purpose of determining whether, at any time after the acquisition or sale, the land in which the interest affected subsisted or any part thereof had or has an unexpended balance of established development value (whether or not that land or any part thereof would apart from this subsection have had an original unexpended balance of established development value) a claim holding with an area consisting of that land and a value equal to seven-eighths of the amount of the difference shall be deemed to have subsisted immediately after the time when the adjustment of claim holdings was completed.

7

In this section—

“the loss of immediate value” means the amount (if any) by which the difference in the value of the interest affected, immediately before and immediately after the acquisition or sale, exceeded the loss of development value;
“the loss of development value” means the amount (if any) by which the value of the interest affected immediately before the acquisition or sale, if calculated on the assumption that, until such time as the land in which that interest subsisted might reasonably be expected to become ripe for new development, no use whatever could be made of that land, would have exceeded the value of that interest immediately after the acquisition or sale if calculated on the like assumption;
“the depreciation in restricted value” means the amount (if any) by which the value of the interest affected, immediately after the acquisition or sale, would have been less than the value of that interest immediately before the acquisition or sale, if both values were calculated on the assumphon that planning permission would not be granted for any new development of that land, but would be granted for any development thereof other than new development;
“the relevant land”, in relation to an acquisition or sale, means the land in which the interest acquired or sold subsisted.

133 Supplementary provisions as to deductions from original balance.

1

Where, immediately after the time when the adjustment of claim holdings was completed, any land taken as a whole had an original unexpended balance of established development value, and at any time thereafter (whether before or after the commencement of this Act) an act or event occurs or has occurred in relation to part of that land such that, in accordance with any of the preceding provisions of this Part of this Act, an amount is required to be deducted from the original unexpended balance of that part of that land for the purpose of determining whether it has or had an unexpended balance of established development value at any subsequent time, then (without prejudice to the operation of any of the preceding provisions of this Part of this Act with respect to any part of the land taken separately) the land taken as a whole shall be treated as not having (or as not having had) any such balance at that subsequent time.

2

Where in accordance with any of the preceding provisions of this Part of this Act an amount is required to be deducted from the original unexpended balance of established development value of any land, there shall be attributed to the various parts of that land so much of that amount as might reasonably be expected to have been attributed thereto if the authority determining the amount had been required to apportion it between those parts in accordance with the same principles as applied to its determination.

3

Where two or more acts or events occur or have occurred in relation to the same land (whether before or after the commencement of this Act) such that, in accordance with any of the preceding provisions of this Part of this Act, an amount is required to be deducted from the original unexpended balance of established development value of that land or any part thereof, those provisions shall apply cumulatively, and the requisite deduction from the original unexpended balance of established development value of that land shall be made by reference to each of those acts or events.

A certificate under subsection (3) of this section shall be conclusive evidence of the unexpended balance shown therein; and a certificate under subsection (1) of this section shall be sufficient proof of any facts stated therein unless the contrary is shown.

8

An application for a certificate under this section shall be made in such form and manner as may be prescribed, and shall be accompanied by sufficient particulars, including a map if necessary, to enable the land to be identified, and, where a new apportionment will be involved, particulars of the nature of the applicant’s interest, and such information as to the nature of any other interest in the land, and as to the name and address of the person entitled to that other interest, as may be known to the applicant.

9

On any application under subsection (1) of this section the applicant shall pay in the prescribed manner a fee of twenty-five new pence, and, if the application involves a new apportionment, the certificate shall not be issued until the applicant has paid in the prescribed manner a further fee of seventy-five new pence.

10

In this section “new apportionment” means an apportionment which relates wholly or partly to any matter to which no previous apportionment related.

Right to compensation

135 General provlslons as to right to compensation.

Subject to the provisions of this Part of this Act, a person shall be entitled to compensation under this Part of this Act in respect of a planning decision whereby planning permission for the carrying out of new development of land is refused, or is granted subject to conditions, if—

a

at the time of the decision he is entitled to an interest in any land to which the decision relates which has an unexpended balance of established development value; and

b

the value of that interest, or, in the case of an interest extending to other land, the value of that interest in so far as it subsists in such land as is referred to in the preceding paragraph, is depreciated by the decision.

136 Planning decisions not ranking for compensation.

1

Compensation under this Part of this Act shall not be payable—

a

in respect of the refusal of planning permission for any development which consists of or includes the making of any material change in the use of any buildings or other land; or

b

in respect of any decision made on an application in pursuance of regulations under section 61 of this Act for consent to the display of advertisements.

2

Compensation under this Part of this Act shall not be payable in respect of the imposition, on the granting of planning permission to develop land, of any condition relating to—

a

the number or disposition of buildings on any land;

b

the dimensions, design, structure or external appearance of any building, or the materials to be used in its construction;

c

the manner in which any land is to be laid out for the purposes of the development, including the provision of facilities for the parking, loading, unloading or fuelling of vehicles on the land;

d

the use of any buildings or other land; or

e

the location or design of any means of access to a F412road, or the materials to be used in the construction of any such means of access, or in respect of any conditions subject to which permission is granted for the winning an working of minerals.

In this subsection “means of access to a F412road” does not include a service road.

3

Compensation under this Part of this Act shall not be payable in respect of the application to any planning permission of any of the conditions referred to in sections 38 and 39 of this Act F413

4

Compensation under this Part of this Act shall not be payable in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that development of the kind proposed would be premature by reference to either or both of the following matters, that is to say—

a

the stages indicated, in the structure plan or local plan for the area in which the land is situated, as the stages by which development is to be carried out;

b

any existing deficiency in the provision of water supplies or sewerage services, and the period within which any such deficiency may reasonably be expected to be made good;

Provided that this subsection shall not apply if F414the reason or one of the reasons so stated is that that development would be premature by reference to the matters mentioned in paragraph (a) of this subsection and the planning decision refusing the permission is made on an application made more than seven years after the date of a previous planning decision whereby permission to develop the same land was refused for the same reason, or for reasons which included the same reason.In this subsection, the reference to the structure plan or local plan for the area in which the land is situated is a reference to the structure plan or local plan for that area as approved by the Secretary of State, or, if the plan so approved has been amended by the Secretary of State, to that plan as so amended.

5

Compensation under this Part of this Act shall not be payable in respect of the refusal of permission to develop land, if the reason or one of the reasons stated for the refusal is that the land is unsuitable for the proposed development on account of its liability to flooding or to subsidence.

6

For the purposes of this section, a planning decision whereby permission to develop land is granted subject to a condition prohibiting development on a specified part of that land shall be treated as a decision refusing the permission with respect to that part of the land.

137 No compensation if certain other development permitted.

1

Compensation under this Part of this Act shall not be payable in respect of a planning decision whereby permission is refused for the development of land if, notwithstanding that refusal, there is available with respect to that land planning permission for development to which this section applies:

Provided that, where such permission is available with respect to part only of the land, this section shall have effect only in so far as the interest subsists in that part.

2

Where a claim for compensation under this Part of this Act is made in respect of an interest in any land, planning permission for development to which this section applies shall be taken for the purposes of this section to be available with respect to that land or a part thereof if, immediately before the Secretary of State gives notice of his determination in respect of that claim, there is in force with respect to that land, or that part thereof, a grant of, or an undertaking by the Secretary of State to grant, planning permission for some such development, subject to no conditions other than such as are mentioned in section 136(2) of this Act.

3

This section applies to any development of a residential, commercial or industrial character, being development which consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof.

C79 C80138 Further exclusions from compensation. C78

1

Where an interest in any land has (whether before or after the commencement of this Act) been compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers (not being statutory undertakers or the National Coal Board), that authority, and any person deriving title from that authority under a conveyance made by that authority on or at any time after 1st July 1948, shall not be entitled to compensation under this Part of this Act in respect of a planning decision made after the service of the notice to treat, or after the making of the contract of sale, as the case may be, by reason that the value of that interest, or of any interest created (whether directly or indirectly) out of that interest, is depreciated by the decision.

2

Subsection (1) of this section shall apply to land which has at any time on or after 1st July 1948 (whether before or after the commencement of this Act) been appropriated by a local authority for a purpose for which the authority could have been authorised to acquire the land compulsorily, as it applies to land in which an interest has been acquired as mentioned in that subsection, with the substitution, for the reference to the service of the notice to treat, of a reference to the appropriation.

C813

Where at the relevant date any land was or is operational land of statutory undertakers, or land of the National Coal Board of a class specified in regulations made under section 86 of the Act of 1947 or under section 259 of this Act, the statutory undertakers or the National Coal Board, as the case may be, and any person deriving title from those undertakers or that Board, shall not be entitled to compensation under this Part of this Act, in respect of a planning decision made after the relevant date, by reason that the value of any interest in that land is depreciated by that decision.

In this subsection “the relevant date”, in relation to land which was such operational land or land of the National Coal Board as is mentioned in this subsection on 1st January 1955, means that day, and, in relation to land which (whether before or after the commencement of this Act) became or becomes such operational land or land of the National Coat Board on a date subsequent to the said 1st January, means that subsequent date.

4

A person shall not be entitled to compensation under this Part of this Act in respect of depreciation of the value of an interest in land by a planning decision if he is entitled to compensation by virtue of section 154 of this Act in respect of depreciation of the value of that interest by that decision.

5

A creditor in a heritable security shall not be entitled to compensation under this Part of this Act in respect of his interest as creditor:

Provided that this subsection shall be without prejudice to the operation of any regulations made under section 151 of this Act.

139 Grant of planning permission treated as subject to notional condition.

1

The provisions of this section shall have effect where—

a

on an application for planning permission for the carrying out of new development of land, a planning decision is made whereby the permission is granted, whether unconditionally or subject to conditions; and

b

the Secretary of State certifies that he is satisfied that particular buildings or works to which the application related were included therein only because the applicant had reason to believe that permission for the other development to which the application related (in this section referred to as “the principal development”) would not have been granted except subject to a condition requiring the erection or construction of those buildings or works.

2

Where subsection (1) of this section applies, then for the purposes of this Part of this Act—

a

the application shall be deemed to have included, in place of those buildings or works, such other development of the land on which the buildings or works were to be erected or constructed as might reasonably have been expected to have been included having regard to the principal development; and

b

the permission shall be deemed to have been granted for the principal development subject to a condition requiring the erection or construction of those buildings or works.

F415140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Measure of compensation

141 General provisions as to amount of compensation.

1

Where a person is entitled to compensation under this Part of this Act in respect of depreciation by a planning decision of the value of an interest in land, the amount of the compensation, subject to the following provisions of this section, shall be whichever is the lesser of the following amounts, that is to say—

a

the amount by which the value of that interest (if it is an interest subsisting only in land to which this section applies), or (if it is an interest extending to other land) the amount by which the value of the interest in so far as it subsists in land to which this section applies, is depreciated by the decision; and

b

the amount of the unexpended balance of established development value, immediately before the decision, of so much of the land in which the interest subsists as is land to which this section applies.

2

Land to which this section applies, in relation to a planning decision, is land which—

a

constitutes or forms part of the decision area; and

b

at the time of the decision has an unexpended balance of established development value.

3

If, in the case of any land to which this section applies, compensation is payable under this Part of this Act in respect of two or more interests in that land by reason of the same planning decision, and the aggregate amount of compensation payable apart from this subsection in respect of those interests would exceed the amount mentioned in paragraph (b) of subsection (1) of this section, the amount mentioned in that paragraph shall be allocated between those interests in proportion to the depreciation of the value of each of them respectively, and the amount of the compensation payable in respect of any of those interests shall be the sum so allocated to that interest.

4

Where the land constituting the decision area, taken as a whole, does not satisfy both of the following conditions, that is to say—

a

that at the time of the decision it has an unexpended balance of established development value; and

b

that every interest subsisting therein, the value of which is depreciated by the decision, subsists in the whole of that land,

the provisions of subsection (5) of this section shall have effect for the purpose of assessing the compensation payable under this Part of this Act in respect of any interest subsisting in that land or any part thereof.

5

Where this subsection applies in relation to an interest in land—

a

the depreciation of the value of the interest by the planning decision shall first be ascertained with reference to the whole of the land which constitutes or forms part of the decision area and is land in which that interest subsists;

b

the land referred to in paragraph (a) of this subsection shall then be treated as divided into as many parts as may be requisite to ensure that each such part consists of land which either satisfies both of the conditions mentioned in subsection (4) of this section or is not land which, at the time of the decision, has an unexpended balance of established development value; and

c

the depreciation of the value of the interest, ascertained in accordance with paragraph (a) of this subsection, shall then be apportioned between those parts, according to the nature of those parts and the effect of the planning decision in relation to each of them,

and the amount of the compensation shall be the aggregate of the amounts which would be payable by virtue of the preceding provisions of this section if the planning decision had been made separately with respect to each of those parts.

6

In this section “the decision area” in relation to a planning decision means the aggregate of the land to which the decision relates.

142 Assessment of depreciation.

1

For the purposes of this Part of this Act, the value of an interest in land, or of an interest in so far as it subsists in particular land, shall be taken to be depreciated by a planning decision (in this section referred to as “the relevant decision”) if, and to the extent to which, that value, calculated in accordance with the following provisions of this section, falls short of what that value, so calculated, would have been if the relevant decision had been a decision to the contrary effect.

2

Subject to the following provisions of this section, any such value shall for the purposes of this section be calculated—

a

as at the time of the relevant decision; but

b

as affected by that decision, by any grant of planning permission made after that decision and in force immediately before the Secretary of State gives notice of his determination on the claim for compensation in respect of that decision, and by any undertaking to grant planning permission so in force; and

c

on the assumption that, after the relevant decision, and apart from any such permission or undertaking as is mentioned in paragraph (b) of this subsection, planning permission would not be granted for any new development of the land in question, but would be granted for any development thereof other than new development.

3

If in consequence of another planning decision or of an order, being a decision or order made—

a

before the relevant decision; and

b

either in respect of the whole or part of the land to which the relevant decision relates, or in respect of land which includes the whole or part of that land,

compensation to which this subsection applies has become or becomes payable in respect of that other planning decision or that order, the calculation to be made under this section shall be made as if that other planning decision had been a decision to the contrary effect, or that order had not been made, as the case may be.

4

Subsection (3) of this section applies—

a

to any compensation payable under this Part of this Act, or under Part II or Part V of the Act of 1954; and

b

to so much of any compensation payable under section 153 of this Act or under the provisions of that section as applied by section 154 of this Act, and so much of any compensation to which Part IV of the Act of 1954 applied, as is or was payable in respect of loss or damage consisting of depreciation of the value of an interest in land.

5

In this section “a decision to the contrary effect”—

a

in relation to a decision refusing permission, means a decision granting the permission subject to such condition (if any) of a description falling within subsection (2) of section 136 of this Act as the authority making the decision might reasonably have been expected to impose if the permission had not been refused; and

b

in relation to a decision granting the permission subject to conditions, means a decision granting the permission applied for subject only to such of those conditions (if any) as fell within subsection (2) of that section.

Claims for, and payment of, compensation

143 General provisions as to claims for compensation.

1

Compensation under this Part of this Act shall not be payable unless a claim for it is duly made to the Secretary of State in accordance with the provisions of this section.

2

A claim for compensation under this Part of this Act shall not have effect unless it is made before the end of the period of six months beginning with the date of the planning decision to which it relates:

Provided that the Secretary of State may in any particular case (either before, on or after the date on which the time for claiming would otherwise have expired) allow an extended, or further extended, period for making such a claim.

3

Regulations made under this section may—

a

require claims for compensation under this Part of this Act to be made in such manner as may be prescribed;

b

require a claimant to provide such evidence in support of the claim, and such information as to the interest of the claimant in the land to which the claim relates, and as to the interests of other persons therein which are known to the claimant, as may be so prescribed;

c

require the F416 planning authority to furnish the Secretary of State with such information (if any) as may be specified in, or in accordance with, the regulations, being information appearing to the Secretary of State to be relevant to the exercise of his powers under the provisions of Part III of this Act relating to the review of planning decisions where compensation is claimed.

4

Where a claim is received by the Secretary of State under this section—

a

if it appears to the Secretary of State that the development to which the planning decision related was not new development, or that at the time of the planning decision no part of the land to which the claim relates had an unexpended balance of established development value, or that compensation is excluded by section 136 or 137 of this Act, the Secretary of State shall notify the claimant accordingly, stating on which of those grounds it appears to him that compensation is not payable;

b

unless the claim is withdrawn, the Secretary of State shall give notice of the claim to every other person (if any) appearing to him to have an interest in the land to which the planning decision related.

144 Effect on claims of direction under s. 35.

1

Where, in accordance with section 36(3) of this Act, the Secretary of State gives notice of a direction under section 35 of this Act to a person who has made a claim for compensation in respect of the planning decision to which that direction relates, that person, if he does not withdraw the claim, may, at any time within thirty days after the service on him of the Secretary of State’s notice, give notice to the Secretary of State modifying the claim.

2

Subject to any modification by virtue of a notice given by a claimant under subsection (1) of this section, where the Secretary of State gives a direction under section 35 of this Act in respect of a decision of a F417 planning authority, any claim made in respect of that decision shall have effect as if it had been made in respect of the decision which, by virtue of the direction, is substituted for the decision of the authority, or, as the case may be, as if it had been made in respect of the decision of the authority as modified by the direction.

145 Determination of claims.

148 Recovery of compensation on subsequent development.

1

No person shall carry out any new development to which this section applies, on land in respect of which a notice (hereafter in this Part of this Act referred to as a “compensation notice”) is recorded under section 147 of this Act, until such amount (if any) as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

2

Subject to the following provisions of this section, this section applies to any new development—

a

which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof; or

b

which consists in the winning and working of minerals; or

c

to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

3

This section shall not apply to any development by virtue of subsection (2)(c) of this section if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply thereto.

4

Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

149 Amount recoverable, and provisions for payment or remission thereof.

1

Subject to the following provisions of this section, the amount recoverable under section 148 of this Act in respect of the compensation specified in a compensation notice—

a

if the land on which the development is to be carried out (in this subsection referred to as “the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice;

b

if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation specified in that notice as is attributable to land comprised in that notice and falling within the development area.

2

Where, in the case of any land in respect of which a compensation notice has been recorded, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or part of any amount otherwise recoverable under section 148 of this Act.

3

Where, in connection with the development of any land, an amount becomes recoverable under section 148 of this Act in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) of this section, no amount shall be recoverable under section 148 of this Act in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof.

4

No amount shall be recoverable under section 148 of this Act in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 244 of this Act.

5

An amount recoverable under section 148 of this Act in respect of any compensation shall be payable to the Secretary of State, and—

a

shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct, after taking into account any representations made by the person by whom the development is to be carried out; and

b

except where the amount is payable as a single capital payment, shall be secured by that person to the satisfaction of the Secretary of State (whether by heritable or other security, personal bond or otherwise).

6

If any person initiates any new development to which section 148 of this Act applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than three months after the service of the notice, as may be specified in the notice.

7

Where, after a compensation notice in respect of any land has been recorded, any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines a notice of that fact, specifying the land to which such fact relates, and, in the case of any notice of the fact that part only of any such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy thereof to the F419 planning authority.

150 Amount recovered not to be deducted from unexpended balance.

Provided that rule (3) of those rules shall not apply for the purposes of Schedule 14 to this Act and that the value of an interest, as calculated for the purposes of section 142 of this Act, may be a minus quantity.

C82 C83Part VIII Compensation for Other Planning Restrictions

Annotations:

Modifications etc. (not altering text)

C82

Pt. VIII modified (30.10.1994) by S.I. 1994/2716, regs. 74(1)(b), 78(1)(b)

Pt. VIII applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 74(2), 78(2)

C83

Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Revocation or modification of planning permission

C84153 Compensation where planning permission revoked or modified.

1

F420Subject to section 153A of this Act, where planning permission is revoked or modified by an order under section 42 of this Act, F421. . ., then if, on a claim made to the F422. . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the land—

C85a

has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

b

has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the F422. . . planning authority shall pay to that person compensation in respect of that expenditure, loss or damage.

2

For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

3

Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any work carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission.

4

In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted for development of the land of any class specified in Schedule 6 to this Act.

5

In this Part of this Act any reference to an order under section 42 of this Act includes a reference to an order under the provisions of that section as applied by section 49(2) of this Act.

does not impose any other condition.

4

Where the planning authority—

a

make an order under section 42 of this Act modifying planning permission for development consisting of the winning and working of minerals; and

b

have previously made a relevant order or orders,

mineral compensation requirements are not satisfied in relation to the order mentioned in paragraph (a) of this subsection unless it was made more than five years after the order previously made or the last such order.

154 Application of s. 153 to special cases of refusal or conditional grant of planning permission.

1

The provisions of this section shall have effect where—

a

planning permission for the development of land has been granted by a development order; and

b

that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and

c

on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

F4241A

Where planning permission granted by a development order is withdrawn by revocation or amendment of the order subsection (1) of this section applies only if the application referred to in paragraph (c) is made before the end of the period of twelve months beginning with the date on which the revocation or amendment came into operation.

2

In any case falling within subsection (1) of this section, the provisions of section 153 of this Act shall apply as if the planning permission granted by the development order—

a

had been granted by the. . . F425 planning authority under Part III of this Act; and

b

had been revoked or modified by an order under section 42 of this Act,

and the provisions of section 155. . . F426 and of sections 156 and 157 of this Act shall apply as if references therein to an order under section 42 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

C86 C87 C883

This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F427

155 Recording and apportionment of compensation for depreciation.

1

Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . F428 planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

2

In carrying out an apportionment under subsection (1) of this section, the. . . F428 planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.

3

Section 145(2) of this Act, and any regulations made by virtue thereof, shall have effect with respect to any such apportionment (subject to any necessary modifications) as they have effect with respect to an apportionment under section 147(1) of this Act.

4

On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . F428 planning authority, of references to the Lands Tribunal.

5

Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . F428 planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; and subsection (5) of section 147 of this Act shall have effect with respect to such compensation for depreciation as it has effect with respect to compensation under Part VII of this Act, subject, however, to any necessary modifications, and, in particular, with the substitution for references to the compensation mentioned in that section, of references to the compensation for depreciation specified in the notice.

6

In this section and in section 156 of this Act “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.

156 Contribution by Secretary of State towards compensation in certain cases.

1

Where a copy of the notice under section 155 of this Act is given to the Secretary of State in consequence of the making of an order under section 42 of this Act, and the circumstances are such that, if the permission revoked or modified by the order had been refused, or, as the case may be, had been granted as so modified, at the time when it was granted, compensation under Part VII of this Act could have been claimed and would have been payable by the Secretary of State, the Secretary of State may, subject to the provisions of this section, pay to the. . . F429 planning authority a contribution of the amount appearing to him to be the amount of compensation which would have been so payable by him under Part VII of this Act.

2

The amount of any such contribution shall not exceed—

a

the amount of the compensation for depreciation paid by the. . . F429 planning authority; or

b

the unexpended balance of established development value, at the date of the making of the order, of the land in respect of which that compensation was paid.

3

Regulations made under this section shall make provision, in relation to cases where the Secretary of State proposes to pay a contribution under this section—

a

for requiring the Secretary of State to give notice of his proposal to persons entitled to such interests as may be prescribed in the land to which the proposal relates, and to such other persons (if any) as may be determined in accordance with the regulations to be affected by the proposal;

b

for enabling persons to whom notice of the proposal is given to object to the proposal, on the grounds that compensation would not have been payable as mentioned in subsection (1) of this section, or that the amount of the compensation so payable would have been less than the amount of the proposed contribution;

c

for enabling any person making such an objection to require the matter in dispute to be referred to the Lands Tribunal for determination; and

d

where a contribution under this section is paid, for applying (with any necessary modifications) the provisions of Part VII of this Act as to the reduction or extinguishment of the unexpended balance of established development value of land, as if the contribution had been a payment of compensation under that Part of this Act.

F431156AF431Recovery of compensation on subsequent development.

1

No person shall carry out any development to which this section applies, on land in respect of which a notice (hereafter in this Part of this Act referred to as a “compensation notice”) is recorded or, as the case may be, registered under section 155(5) of this Act, until such amount, if any, as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

2

Subject to the following provisions of this section, this section applies to any development—

a

b

which consists in the winning and working of minerals; or

c

to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

3

4

5

This section does not apply to any development—

a

of a class specified in paragraph 1 of Schedule 6 which is carried out in accordance with the condition set out in Schedule 16; or

b

of a class specified in paragraph 2 of Schedule 6.

6

This section does not apply in a case where the compensation under section 153 of this Act specified in a compensation notice became payable in respect of an order modifying planning permission, and the development is in accordance with that permission as modified by that order.

F432156BF432Amount recoverable, and provisions for payment or remission thereof.

1

Subject to the following provisions of this section, the amount recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice—

a

b

2

Where, in the case of any land in respect of which a compensation notice has been recorded, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or any part of any amount otherwise recoverable under section 156A of this Act.

3

Where, in connection with the development of any land, an amount becomes recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) of this section, no amount shall be recoverable under section 156A of this Act in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof.

4

No amount shall be recoverable under section 156A of this Act in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 244 of this Act.

5

An amount recoverable under section 156A of this Act in respect of any compensation shall be payable to the Secretary of State, and

a

b

6

If any person initiates any development to which section 156A applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than three months after the service of the notice, as may be specified in the notice.

7

Where, after a compensation notice in respect of any land has been recorded or, as the case may be, registered, any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, a notice of that fact, specifying the land to which such fact relates, and, in the case of any notice of the fact that part only of such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy thereof to the planning authority.

157 Recovery, on subsequent development, of compensation under s. 153.

1

In relation to notices recorded under the provisions of section 147 of this Act, as applied by the preceding provisions of this Part of this Act, sections 148 and 149 of this Act shall have effect as they have effect in relation to compensation notices recorded as therein mentioned:

Provided that, in a case where the compensation under section 153 of this Act specified in such a notice became payable in respect of an order modifying planning permission, the said sections shall not apply to development in accordance with that permission as modified by the order.

2

Subject to subsection (3) of this section, any sum recovered by the Secretary of State under section 148 of this Act, as applied by subsection (1) of this section, shall be paid to the. . . F430 planning authority who paid the compensation to which that sum relates.

3

In paying any such sum to the. . . F430 planning authority, the Secretary of State shall deduct therefrom—

a

the amount of any contribution paid by him under section 156 of this Act in respect of the compensation to which the sum relates;

b

the amount of any grant paid by him under Part XIII of this Act in respect of that compensation;

No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served.

159 Compensation in respect of orders under s. 49. C89

1

F438Subject to section 159B of this Act, the provisions of this section shall have effect where an order is made under section 49 of this Act, requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any buildings or works on land to be altered or removed.

2

If, on a claim made to the. . . F439 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, that authority shall pay to that person compensation in respect of that damage.

3

Without prejudice to subsection (2) of this section, any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the. . . F439 planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

4

Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) of this section shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

159AF440 Compensation in respect of orders under s. 49A and suspension orders.

Subject to section 159B of this Act, the provisions of section 159 of this Act shall apply where an order is made under section 49A of this Act or a suspension order or supplementary suspension order is made as they apply where an order is made under section 49 of this Act.]

an order under section 49A of this Act; and

b

have previously made a relevant order or orders,

160 Compensation for refusal of consent to alteration, etc. of listed building.

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. . . F442 planning authority within the time and in the manner prescribed by regulations under this Act, 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. . . F442 planning authority shall pay to that person compensation of an amount equal to the difference.

3

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 169, 177 or 179 of this Act, being a purchase notice which takes effect.

161 Compensation where listed building consent revoked or modified.

1

Where listed building consent is revoked or modified by an order under paragraph 9 of Schedule 10 to this Act (other than an order which takes effect by virtue of paragraph 11 of that Schedule and without being confirmed by the Secretary of State), then if on a claim made to the. . . F443 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

a

has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or

b

has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

2

For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

3

Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

162 Compensation for loss or damage caused by service of building preservation notice.

1

The provisions of this section shall have effect as respects compensation where a building preservation notice is served.

2

The. . . F444 planning authority shall not be under any obligation to pay compensation under section 160 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Secretary of State under section 52 of this Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

3

If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the. . . F444 planning authority within the time and in the manner prescribed by regulations under this Act, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

4

The loss or damage in respect of which compensation is payable under subsection (3) of this section shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

163 Compensation in respect of tree preservation orders.

The matters for which provision may under section 58 of this Act be made by a tree preservation order include the payment by the. . . F445 planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence of the refusal of any consent required under the order, or of the grant of any such consent subject to conditions.

164 Compensation in respect of requirement as to replanting of trees.

1

The provisions of this section shall have effect where a requirement is imposed by the. . . F446 planning authority or the Secretary of State by or under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

2

If the Forestry Commissioners decide not to make any advance under F447section 1 of the M46Forestry Act 1979 in respect of the replanting and come to that decision on the ground that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the. . . F446 planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.

3

The Forestry Commissioners shall, at the request of the person under a duty to comply with the requirement, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

4

A claim for compensation under this section must be served on the. . . F446 planning authority within twelve months from the date on which the requirement was imposed, or where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, from the date of the decision of the Secretary of State on the application, but subject in either case to such extension of that period as the. . . F446 planning authority may allow.

5

Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M47Countryside (Scotland) Act 1967.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F448

165 Compensation for restrictions on advertising.

Where, for the purpose of complying with any regulations made under section 61 of this Act, works are carried out by any person—

a

for removing an advertisement which was being displayed on 16th August 1948; or

b

for discontinuing the use for the display of advertisements of a site used for that purpose on that date,

that person shall, on a claim made to the. . . F449 planning authority within the time and in the manner prescribed by regulations under this Act, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in that behalf.

166 Compensation for loss due to stop notice. C90

1

Where a stop notice under section 87 of this Act ceases to have effect, a person who, at the time when it was first served, had an interest F450, whether as owner or occupier or otherwise, in the land to which it relates shall, in any of the circumstances mentioned in subsection (2) of this section, be entitled to be compensated by the. . . F451 planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice.

2

A person shall be entitled to compensation under subsection (1) of this section in respect of a prohibition contained in a stop notice in any of the following circumstances:—

a

the enforcement notice is quashed on any of the grounds mentioned in section 85(1)(b), (c), (d) or (e) of this Act;

b

the allegation in the enforcement notice on which the prohibition in the stop notice is dependent is not upheld by reason that the enforcement notice is varied on one of those grounds;

c

the enforcement notice is withdrawn by the. . . F451 planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted;

d

the stop notice is withdrawn.

3

A prohibition in a stop notice shall be treated for the purposes of subsection (2) of this section as dependent on an allegation in an enforcement notice if and to the extent that the F452activity to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same F452activity.

4

A claim for compensation under this section shall be made to the. . . F451 planning authority within the time and in the manner prescribed by regulations under this Act.

5

The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. . . F453.

F4546

In the assessment of any compensation under this section, there shall be taken into account any failure on the part of the claimant to comply with the provisions of section 270 of this Act, to the extent, if any, that such failure has contributed to the circumstances in which the enforcement notice was withdrawn or varied or quashed, or the stop notice withdrawn.

Supplementary provisions

167 General provisions as to compensation for depreciation under Part VIII.

C911

For the purpose of assessing any compensation to which this section applies, the rules set out in section 12 of the M48Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

C912

F455Subject to regulations under section 167A of this Act, this section applies to any compensation which, under the preceding provisions of this Part of this Act, other than section 163, 164 or 166, is payable in respect of depreciation of the value of an interest in land.

3

In relation to the assessment of compensation payable under section 153 of this Act, the value of any interest may be a minus quantity.

C924

Where an interest in land is subject to a heritable security—

a

any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the security;

b

a claim for any such compensation may be made by any creditor in a heritable security over the interest, but without prejudice to the making of a claim by the person entitled to the interest;

c

no compensation to which this section applies shall be payable in respect of the interest of the creditor in the heritable security (as distinct from the interest which is subject to the security); and

d

any compensation to which this section applies which is payable in respect of the interest which is subject to the heritable security shall be paid to the creditor in the security, or, if there is more than one such creditor, to the creditor whose security ranks first, and shall in either case be applied by him as if it were proceeds of sale by him under the powers competent to creditors in heritable securities.

167AF456 Regulations as to compensation in respect of orders relating to mineral working—meaning of “mineral compensation modifications”.

1

The Secretary of State may by regulations made with the consent of the Treasury direct that sections 153, 159, 167, 226, and 227 of this Act shall have effect, where mineral compensation requirements are satisfied, subject, in such cases as may be specified in the regulations, to such modifications as may be so specified.

2

Any such regulations shall make provision as to circumstances in which compensation is not to be payable.

3

Any such regulations shall make provision—

a

for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; or

b

for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed.

4

167BF457 Orders relating to mineral working— meaning of “special consultations”.

1

Any reference in this Act to a planning authority carrying out special consultations about the making and terms of an order before they make it is a reference to their carrying out consultations—

a

subject to subsection (2) of this section, with any person who has an interest—

i

in the land to which the order will relate; or

ii

in minerals in, on or under that land; and

b

with the relevant authority or authorities.

2

The duty to consult imposed by subsection (1)(a) of this section is only a duty to consult persons whom the planning authority are able to trace by taking reasonable steps to do so.

3

In subsection (1)(b) above “the relevant authority or authorities” means—

a

if the planning authority is a district planning authority, the regional planning authority in whose area the land to which the order will relate is situated; and

b

if the planning authority is a regional planning authority, the district planning authority or authorities in whose area or areas the land to which the order will relate is situated.

167CF458 Orders relating to mineral working— meaning of “restriction on the winning and working of minerals” and “relevant order”.

1

In this Act “restriction on the winning and working of minerals” means—

a

in relation to planning permission granted for development consisting of the winning and working of minerals, a condition subject to which the permission was granted and which made provision to which this section applies; and

b

in relation to an order under section 42 or 49 of this Act, a term of the order which made such provision.

2

The provision to which this section applies is—

a

any provision—

i

for the period before the expiration of which development consisting of the winning and working of minerals was to be begun;

ii

for the size of the area to be used for the winning and working of minerals;

iii

for the depth to which operations for the winning and working of minerals were to extend;

iv

for the rate at which any particular mineral was to be extracted;

v

for the total quantity of minerals to be extracted; or

vi

for the period at the expiration of which the winning and working of minerals was to cease;

b

. . . F459

3

In this Act “relevant order”, in relation to any land, means an order under section 42, 49 or 49A of this Act.

168 Determination of claims for compensation.

1

Except in so far as may be otherwise provided by section 164(5) of this Act, by any tree preservation order or by any regulations made under this Act, any question of disputed compensation under this Part of this Act F460including any question of disputed compensation under section 153, 159, 167, 226 or 227 of this Act as modified by regulations under section 167A of this Act shall be referred to and determined by the Lands Tribunal.

2

In relation to the determination of any such question, the provisions of sections 9 and 11 of the M49Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications and to the provisions of any regulations made under this Act.

Part IX Provisions Enabling Owner or Lessee to Require Purchase of his Interest

Interests affected by planning decisions or orders

169 Purchase notice on refusal or conditional grant of planning permission. C93

1

Where, on an application for planning permission to develop any land, permission is refused or is granted subject to conditions, 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 planning permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development 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 development for which planning permission has been granted or for which the. . . F461 planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F461 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the following provisions of this Part of this Act.

2

Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section are fulfilled in relation to any 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 which would contravene the condition set out in Schedule 16 to this Act.

3

In the application of Schedule 6 to this Act for the purposes of any determination under subsection (2) of this section—

a

paragraph 3 of that Schedule shall be construed as not extending to works involving any increase in the cubic content of a building erected after the appointed day (including any building resulting from the carrying out of such works as are described in paragraph 1 of that Schedule); and

b

paragraph 8 of that Schedule shall not apply to any such building.

4

For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded,. . . F462

5

a person on whom there has been served a repairs notice under section 105 of this Act shall not in any case be entitled to serve a purchase notice under this section in respect of the building in question until the expiration of three months beginning with the date of the service of the repairs notice; and if during that period the. . . F461 planning authority or the Secretary of State start the compulsory acquisition of the building in the exercise of their powers under section 104 of this Act, that person shall not be so entitled unless and until the compulsory acquisition is discontinued.

6

For the purposes of subsection (5) of this section a compulsory acquisition—

a

is started when the. . . F461 planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the M50Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and

b

is discontinued, in the case of acquisition by a. . . F461 planning authority, when they withdraw the compulsory purchase order or the Secretary of State decides not to confirm it and, in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order.

7

A notice under this section, or under any other provision of this Part of this Act to which this subsection is applied, is in this Act referred to as a “purchase notice”.

F4638

The words “planning authority” in subsection (1) above shall in a case where a regional planning authority have dealt with an application by virtue of section 179 of the M51Local Government (Scotland) Act 1973 (which enables a regional planning authority to have an application for planning permission which has been made to a district planning authority referred to themselves) be construed as meaning that regional planning authority.

C95 C96 C97170 Action by. . . F464 planning authority on whom purchase notice is served. C94

1

The. . . F464 planning authority on whom a purchase notice is served under section 169 of this Act shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

a

that the. . . F464 planning authority are willing to comply with the purchase notice; or

b

that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or

c

that, for reasons specified in the notice under this subsection, the. . . F464 planning authority are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, F465and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection.

2

Where the. . . F464ning authority on whom a purchase notice is served by an owner or lessee have served on him a notice in accordance with subsection (1)(a) or (b) of this section, the. . . F464 planning authority, or the local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof on the date of service of the notice under that subsection.

3

Where the. . . F464 planning authority on whom a purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with subsection (1)(c) of this section, F466then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve.

4

Where the. . . F464 planning authority on whom a purchase notice is served by an owner or lessee do not, within the period specified in subsection (1) of this section, serve on him a notice under that subsection, 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 or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof at the expiration of the said period.

5

In this section “the relevant provisions” means the provisions of Part VI of this Act or, in the case of statutory undertakers any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

C99 C100 C101171 Procedure on reference of purchase notice to Secretary of State. C98

1

Where a copy of a purchase notice is transmitted to the Secretary of State under section 170(3) of this Act, the Secretary of State shall consider whether to confirm the notice or to take other action under section 172 of this Act in respect thereof.

2

174F471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C108 C109 C110175 Effect of Secretary of State’s action in relation to purchase notice. C107

1

Where the Secretary of State confirms a purchase notice, the. . . F472 planning authority on whom the purchase notice was served (or, if under section 172(4) of this Act the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that. . . F472 planning authority, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

2

If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in section 172(2) or (3) of this Act, and has not notified the owner or lessee, as the case may be, by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period, and the authority on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served notice to treat in respect thereof at the end of that period.

3

For the purposes of subsection (2) of this section the relevant period is F473, subject to subsection (3A) of this section, the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

F4743A

The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 170(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

section 33 (appeal against refusal of planning permission, &c.),
section 85 (appeal against enforcement notice),
section 91 (appeal against refusal of established use certificate),
section 93 (appeal against listed building enforcement notice), or
paragraph 7 or 8 of Schedule 10 (appeal against refusal of listed building consent, &c.).

4

Where the Secretary of State has notified the owner or lessee by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision not to confirm the 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 the notice, either wholly or in part) and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further purchase notice in its place.

5

For the purposes of any regulations made under this Act as to the time within which a purchase notice may be served, the service of a purchase notice under subsection (4) of this section shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the planning decision, in consequence of which the notice is served, had been made on the date on which the decision of the Secretary of State was quashed as mentioned in subsection (4) of this section.

6

In this section “the relevant provisions” has the same meaning as in section 170 of this Act.

176 Special provisions as to compensation where purchase notice served. C111

1

Where by virtue of section 153 of this Act compensation is payable in respect of expenditure incurred in carrying out any work on land, then, if a purchase notice is served in respect of an interest in that land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

2

Where a purchase notice served in respect of an interest in land does not take effect, or does not take effect in relation to a part of the land, by reason that the Secretary of State gives a direction under section 172(3) of this Act, then if, on a claim made to the. . . F475 planning authority within the time and in the manner prescribed by regulations under this Act it is shown that the permitted development value of that interest (or, as the case may be, of that interest so far as it relates to that part of the land) is less than its existing use value, the. . . F475 planning authority shall pay to the person entitled to that interest compensation of an amount which (subject to the following provisions of this section) shall be equal to the difference.

3

If the planning permission which, by the direction referred to in subsection (2) of this section, is required to be granted would be granted subject to conditions for regulating the design or external appearance of buildings, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State, if it appears to him to be reasonable to do so having regard to the local circumstances, may direct that those conditions shall be disregarded, either altogether or to such extent as may be specified in the direction, in assessing any compensation payable under subsection (2) of this section.

4

Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (2) of this section as they have effect in relation to compensation to which those sections apply.

5

In this section “permitted development value”, in relation to an interest in land in respect of which a direction is given under section 172(3) of this Act, means the value of that interest calculated with regard to that direction, but on the assumption that no planning permission would be granted otherwise than in accordance with that direction, and “existing use value”, in relation to such an interest, means the value of that interest as (for the purpose of ascertaining the compensation payable on an acquisition thereof in pursuance of the purchase notice) that value would have been assessed in accordance with the provisions of the M52Acquisition of Land (Assessment of Compensation) Act 1919, as modified by the provisions of sections 48 to 51 of the Act of 1947, if no enactment repealing, modifying or superseding any of those provisions had been passed after the passing of the Act of 1947.

177 Purchase notice in respect of order revoking or modifying planning permission. C112

1

Where by an order under section 42 of this Act planning permission in respect of any land is revoked, or is modified by the imposition of conditions, 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 the planning permission was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development 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 development for which planning permission has been granted or for which the. . . F476 planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F476 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

2

Section 169(7) of this Act shall apply to this section; and, subject to subsection (3) of this section, sections 169(2), 170 to 173, 175 and 176 of this Act shall apply to a notice served by virtue of subsection (1) of this section as they apply to a notice served by virtue of section 169(1) of this Act

3

In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act, to a purchase notice served as aforesaid, that section shall apply as if the following subsection were substituted for subsection (2) thereof—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, cancel the order revoking the planning permission, or, where the order modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted”.

178 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.

1

If any person entitled to an interest in land in respect of which an order is made under section 49 of this Act claims—

a

that by reason of the order the land is incapable of reasonably beneficial use in its existing state, and

b

that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F477 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

2

3

In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act to a purchase notice served as aforesaid, that sec tion shall have effect subject to the following modifications, that is to say—

a

in subsection (1), for the reference to the conditions therein mentioned, there shall be substituted a reference to the conditions specified in subsection (1)(a) and (b) of this section; and

b

the following subsection shall be substituted for subsection (2)—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, revoke the order under section 49 of this Act, or, as the case may be, amend that order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order”.

4

Where a purchase notice in respect of an interest in land is served in consequence of such an order as is mentioned in subsection (1) of this section, then if—

a

that interest is acquired in accordance with the preceding provisions of this Part of this Act; or

b

compensation is payable in respect of that interest under section 176(2) of this Act,

no compensation shall be payable in respect of that order under section 159 of this Act.

5

Except as provided by this section, no purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1) of this section.

179 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 10 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. . . F478 planning authority or the Secretary of State has undertaken to grant such consent,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F478 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with Schedule 17 to this Act.

2

Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section 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. . . F478 planning authority or the Secretary of State have undertaken to grant such consent.

3

In this section and in Schedule 17 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

Subsections (5) and (6) of section 169 of this Act shall apply to a listed building purchase notice as they apply to a purchase notice under that section.

5

A notice under this section is in this Act referred to as a “listed building purchase notice”.

180 Purchase notices in other cases.

1

Sections 169 to 172, 175 and 176 of this Act are provisions falling within subsection (2) of section 58 of this Act; and subsection (1) of the said section 58 and subsection (2) of section 61 of this Act, shall have effect accordingly.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F479

180AF480 Public telecommunications operators.

In the preceding provisions of this Part of this Act and in Schedule 17 to this Act the references to statutory undertakers shall be deemed to include references to a public telecommunications operator.

Interests of owner-occupiers affected by planning proposals

C114 C115 C116181 Scope of these provisions. C113

C117 C1181

The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—

C119a

is land indicated in a structure plan in force either as land which may be required for the purposes of any F481of the following functions, that is to say, those of a government department, local authority or statutory undertakers, or of the (F482British Coal Corporation) or the establishment or running by a public telecommunications operator of a telecommunication system, or as land which may be included in an action area; or

C120b

is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or

c

is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or

d

is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or

F483 C121 C122e

is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—

i

which has come into operation under; or

ii

5

An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.

6

In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to F488(i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. F489or section 73 of the M53Land Compensation (Scotland) Act 1973

C125182 Power to serve blight notice. C124

1

Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that—

a

he is entitled to an interest in that hereditament or unit; and

b

the interest is one which qualifies for protection under these provisions; and

c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F490 he has made reasonable endeavours to sell that interest; and

F491d

in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

2

Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable any person—

a

if he is entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of the hereditament or unit; or

b

if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the entirety of that part.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F492

4

In these provisions “the claimant”, in relation to a blight notice, means the person who served that notice, and any reference to the interest of the claimant, in relation to such a notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1) of this section.

F4935

Where the claimant is a crofter or cottar, this section shall have effect as if—

a

in subsection (1)(c) for the word “sell” there were substituted the word “assign”;

b

in subsection (1)(d) for the words from “sell it” to “to sell” there were substituted the words “assign it except at a price substantially lower than that for which he might reasonably have expected to assign it”;

c

in subsections (1) and (4) for the word “purchase” there were substituted the words “take possession of”

C127183 Objection to blight notice. C126

1

Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority, at any time before the end of the period of two months beginning with the date of service of that notice, may serve the claimant a counter-notice in the prescribed form objecting to the notice.

2

Subject to the following provisions of this section, the grounds on which objection may be made in a counter-notice to a notice served under section 182 of this Act are—

C128a

that no part of the hereditament or agricultural unit to which the notice relates is comprised in land of any of the specified descriptions;

C128 C129b

that the appropriate authority (unless compelled to do so by virtue of these provisions) do not propose to acquire any part of the hereditament, or (in the case of an agricultural unit) any part of the affected area, in the exercise of any relevant powers;

C128 C130c

that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or (in the case of an agricultural unit) a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of these provisions) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;

C128d

that F494(in the case of land falling within paragraph (a) or (c) but not (e), (f) or (h) of section 181(1) of this Act) the appropriate authority (unless compelled to do so by virtue of these provisions) 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 F495fifteen years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;

e

that, on the date of service of the notice under section 182 of this Act, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

f

that (for reasons specified in the counter-notice) the interest of the claimant is not an interest qualifying for protection under these provisions;

g

that the conditions specified in paragraphs (c) and (d) of section 182(1) of this Act are not fulfilled.

3

An objection may not be made on the grounds mentioned in paragraph (d) of subsection (2) of this section if it may be made on the grounds mentioned in paragraph (b) of that subsection.

F4963A

Where the appropriate enactment confers power to acquire a right in or over land, subsection (2) of this section shall have effect as if—

a

in paragraph (b), after the word “acquire” there were inserted the words “or to acquire any right in or over”;

b

in paragraph (c), for the words “do not propose to acquire” there were substituted the words “propose neither to acquire nor to acquire any right in or over”;

c

in paragraph (d), after the words “affected area” there were inserted the words “or to acquire any right in or over any part thereof”.

4

Any counter-notice served under this section in respect of blight notice shall specify the grounds (being one or more of the grounds mentioned in the preceding provisions of this section or, as relevant, in section 190(6) of this Act) F497or section 73(3) or 75(1) of the M54Land Compensation (Scotland) Act 1973) on which the appropriate authority object to the notice.

5

In this section “relevant powers”, in relation to any land falling within any of the specified descriptions, means any powers under which the appropriate authority are or could be authorised—

a

to acquire F498or to acquire any right in or over that land compulsorily as being land falling within that description; or

b

to acquire F498or to acquire any right in or over that land compulsorily for any of the relevant purposes;

and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the description in question, it is liable to be acquired or is indicated as being proposed to be acquired.

C132184 Reference of objection to Lands Tribunal. C131

1

Where a counter-notice has been served under section 183 of this Act objecting to a blight notice, the claimant, at any time before the end of the period of two months beginning with the date of service of the counter-notice, may require the objection to be referred to the Lands Tribunal.

2

On any such reference, if the objection is not withdrawn, the Lands Tribunal shall consider the matters set out in the notice served by the claimant and the grounds of the objection specified in the counter-notice; and, subject to subsection (3) of this section, unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

3

An objection on the grounds mentioned in section 183(2)

(b), (c) or (d) of this Act shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

4

If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

C1335

If the Tribunal upholds the objection, but only on the grounds mentioned in section 183(2)(c) of this Act, the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament or (in the case of an agricultural unit) of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned, but not in relation to any other part of the hereditament or affected area.

6

In any case falling within subsection (4) or subsection (5) of this section, the Tribunal shall give directions specifying the date on which notice to treat F499or, in a case where the claimant is a crofter or cottar, notice of entry (as mentioned in section 185 of this Act) is to be deemed to have been served.

C135185 Effect of valid blight notice. C134

C1361

Where a blight notice has been served, and either—

a

no counter-notice objecting to that notice is served in accordance with these provisions; or

b

where such a counter-notice has been served, the objection is withdrawn, or, on a reference to the Lands Tribunal, is not upheld by the Tribunal,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area, and to have served a notice to treat in respect thereof on the date mentioned in subsection (2) of this section.

2

The said date—

a

in a case where, on a reference to the Lands Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 184(6) of this Act;

b

in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.

C1373

Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 183(2)(c) of this Act, then if either—

a

the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and withdraws his claim as to the remainder of that hereditament or area; or

b

on a reference to the Lands Tribunal, the Tribunal makes a declaration in accordance with section 184(5) of this Act in respect of that part of the hereditament or affected area,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (4) of this section.

4

The said date—

a

in a case falling within paragraph (a) of subsection (3) of this section, is the date on which notice is given in accordance with that paragraph; and

b

in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Lands Tribunal in accordance with section 184(6) of this Act.

F5005

Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (1) and (3) for the words from “acquire” to “respect thereof” there were substituted the words “require the crofter or cottar to give up possession of the land occupied by him and to have served a notice of entry in respect thereof under paragraph 3 of Schedule 2 to the M55Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.”

C139186 Compensation for compulsory purchase of historic buildings and of land in clearance areas. C138

Where an interest in land is acquired in pursuance of a blight notice and the interest is one—

a

in respect of which a compulsory purchase order is in force under section 1 of the M56Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (as applied by section 104 of this Act) containing a direction for minimum compensation under section 107 of this Act; or

b

in respect of which a compulsory purchase order is in force under the said section 1 as applied by F501paragraph 5 of Schedule 8 to the Housing (Scotland) Act 1987;

the compensation payable for the acquisition shall, in a case falling within paragraph (a) of this section, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) of this section, be assessed in accordance with F501paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987 in either case as if the notice to treat deemed to have been served in respect of the interest under section 185 of this Act had been served in pursuance of the compulsory purchase order.

C141187 Withdrawal of blight notice. C140

1

Subject to subsection (2) of this section, the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Lands Tribunal, or at any time before the end of the period of six weeks beginning with the date on which the compensation is so determined; and, where such a notice is withdrawn by virtue of this subsection, any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.

2

A person shall not be entitled by virtue of subsection (1) of this section to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

3

No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (1) of this section.

C143188 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire. C142

1

The provisions of subsection (2) of this section shall have effect where the grounds of objection specified in a counter-notice served under section 183 of this Act consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (2) of that section, and either—

a

the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal, or

b

the time for referring that objection to the Lands Tribunal expires without its having been so referred.

2

If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part thereof shall cease to have effect.

3

The provisions of subsection (4) of this section shall have effect where the grounds of objection specified in a counter-notice under section 183 of this Act consist of or include the grounds mentioned in paragraph (c) of subsection (2) of that section, and either—

a

the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal; or

b

the time for referring that objection to the Lands Tribunal expires without its having been so referred;

and in subsection (4) of this section any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.

4

If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.

F5025

Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (2) and (4) for the words from “or by” to “claimant in” there were substituted the words “to require the crofter or cottar to give up possession of”.

C145189 Death of claimant after service of blight notice. C144

1

In relation to any time after the death of a person who has served a blight notice, the provisions mentioned in subsection (2) of this section shall apply as if any reference therein to the claimant were a reference to the person who, on the claimant’s death, has succeeded to his interest in the hereditament or agricultural unit in question.

C1462

The said provisions are sections 183(1), 184(1) and 185(3) of this Act.

that the conditions specified in subsection (1)(b) and (c) of this section are not fulfilled;

d

that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (3) of this section was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

C151191 Saving for claimant’s right to sell whole hereditament, etc.C150

1

The provisions of sections 183(2)(c), 184(5), 185(3) and 188(3) and (4) of this Act relating to hereditaments shall not affect the right of a claimant under section 90 of the M57Lands 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.

C1522

The said provisions shall not affect the right of a claimant under paragraph 4 of Schedule 2 to the M58Acquisition of Land (Authorisation Procedure) (Scotland) 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 section 183(2)(c) of this Act 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.

C154192 Meaning of “owner-occupier” and “resident owner-occupier”. C153

1

Subject to the following provisions of this section, in these provisions “owner-occupier”, in relation to a hereditament, means a person who—

a

5

Subsection (2) of this section shall not affect the definition of “resident owner-occupier” in section 192(3) of this Act.

C159194“Appropriate authority” for purposes of these provisions. C158

1

3

Where, in accordance with the circumstances by virtue of which any land falls within any of the specified descriptions, it is indicated that the land is proposed to be acquired for F510roads purposes, any enactment under which a F510roads authority are or (subject to the fulfilment of the relevant conditions) could be authorised to acquire that land compulsorily for F510roads purposes shall, for the purposes of subsection (1) of this section, be taken to be an enactment providing for the compulsory acquisition of that land as being land falling within the description in question.

4

In subsection (3) of this section the reference to the fulfilment of the relevant conditions is a reference to such one or more of the following as are applicable to the circumstances in question, that is to say—

F511aa

the coming into operation of any requisite scheme or order under the Roads (Scotland) Act 1984;

c

the making or approval of any requisite plans.

5

If, apart from this subsection, two or more enactments would be the appropriate enactment in relation to any land for the purposes of these provisions, the appropriate enactment for those purposes shall be taken to be that one of those enactments under which, in the circumstances in question, it is most likely that (apart from these provisions) the land would have been acquired by the appropriate authority.

C162 C163 C164 C1656

If any question arises as to which enactment is the appropriate enactment in relation to any land for the purposes of these provisions, that question shall be referred—

a

where the appropriate authority are a government department, to the Minister or Board in charge of that department;

C166b

where the appropriate authority are statutory undertakers, to the appropriate Minister; and

c

in any other case, to the Secretary of State,

and the decision of the Minister, Secretary of State or Board to whom a question is referred under this subsection shall be final.

C168 C169196 General interpretation of these provisions. C167

1

Subject to the following provisions of this section, in these provisions the following expressions have the meanings hereby assigned to them respectively, that is to say:—

“the affected area”, in relation to an agricultural unit, means so much of that unit as, on the date of service, consists of land falling within any of the specified descriptions;
“agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;
“annual value”, in relation to a hereditament, means the value which, on the date of service, is shown in the valuation roll as the rateable value of that hereditament, except that, where the rateable value differs from the net annual value, it means the value which on that date is shown in the valuation roll as the net annual value thereof;
“the claimant” has the meaning assigned to it by section 182(4) of this Act;
F512“cottar” has the same meaning as in section 28(4) of the M60Crofters (Scotland) Act 1955;
“crofter” has the same meaning as in section 3(2) of the M61Crofters (Scotland) Act 1955;
“hereditament” means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section 7 of the M62Valuation and Rating (Scotland) Act 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;
“special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein; and in this definition “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;
“these provisions”, “the specified descriptions” and “blight notice” have the meanings assigned to them respectively by section 181(6) of this Act.

2

Where any land is on the boundary between two or more valuation areas, and accordingly—

a

different parts of that land form the subject of single entries in the valuation rolls for the time being in force for those areas respectively; but

b

if the whole of that land had been in one of those areas, it would have formed the subject of a single entry in the valuation roll for that area,

the whole of that land shall be treated, for the purposes of the definition of “hereditament” in subsection (1) of this section, as if it formed the subject of a single entry in the valuation roll for a valuation area.

3

Land which forms the subject of an entry in the valuation roll by reason only that it is land over which any shooting, fishing or other sporting rights are exercisable, or that it is land over which a right of exhibiting advertisements is let out or reserved, shall not be taken to be a hereditament within the said definition.

4

Where, in accordance with subsection (2) of this section, land whereof different parts form the subject of single entries in the valuation rolls for the time being in force for two or more valuation areas is treated as if it formed the subject of a single entry in the valuation roll for a valuation area, the definition of “annual value” in subsection (1) of this section shall apply as if any reference therein to a value shown in the valuation roll were a reference to the aggregate of the values shown (as rateable values or as net annual values, as the case may be) in those valuation rolls in relation to the different parts of that land.

5

In this section “date of service” has the same meaning as in section 192 of this Act.

Supplementary provisions

197 No withdrawal of constructive notice to treat.

Without prejudice to the provisions of section 187(1) of this Act, the power conferred by section 39 of the M63Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of any of the provisions of this Part of this Act.

Part X Highways

Stopping up and diversion of highways

198 Highways affected by development: orders by Secretary of State. C170

provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F524 paragraph (a) of subsection (3) of section 198 of this Act;

ii

such provision as is mentioned in paragraph (b) of that subsection.

3

An order may be made under this section authorising the stopping up or diversion of any F525road (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.

4

The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a F525road.

5

The planning authority shall not make an order under this section without consulting the F526roads authority (in a case where they are themselves not that authority).

199 Footpaths and bridleways affected by development: orders by local planning authorities. C176

1

Subject to section 206 of this Act, a F527planning authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied as mentioned in section 198(1) of this Act.

C177 C178 C179 C1802

An order under this section may, if the F527 planning authority are satisfied that it should do so, provide—

a

for the creation of an alternative footpath or bridleway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing path or way for such use;

b

for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement, provision is made by the order;

c

for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;

d

for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

3

An order may be made under this section authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

200F528. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conversion of highway into footpath or bridleway

201 Order extinguishing right to use vehicles on highway.

1

The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a F529road in that area (being a F529road over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purposes of advances under section F5303 of the Roads (Scotland) Act 1984) being changed to a footpath or bridleway

2

F531Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may by order provide for the extinguishment of any right which persons may have to use vehicles on that F532road.

3

An order made under subsection (2) of this section may include such provision as the F533competent authority (after consultation with the F534 planning authority and the F535roads authority, if different from the competent authority) thinks fit for permitting the use on the F535road of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

4

No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a F536road in relation to which an order made under subsection (2) of this section has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) of this section.

5

The Secretary of State may publish such a notice as aforesaid where—

a

the relevant development is to be carried out by a local authority F559or, statutory undertakers F560 and requires, by virtue of an enactment, the authorisation of a government department; and

b

the developers have made application to the department for that authorisation and also requested a direction under section 37 of this Act F560, that planning permission be deemed to be granted for that development.

4

The Secretary of State may publish such a notice as aforesaid where the F561 planning authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the relevant development.

5

Section F562204(4) of this Act shall not be construed as authorising the Secretary of State to make an order under section 198 F563 of this Act of which notice has been published by virtue of subsection (1) of this section until planning permission is granted for the development which occasions the making of the order.

205AF564 Further procedure in anticipation of planning permission etc.

ab

in an order under section 201 as the time from which a right is to be extinguished; or

b

in an order under section 203(1)(b) as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

4

Schedule 18 to this Act shall have effect with respect to the confirmation of orders under section F576198A, 199, F572, 201 or 203(1)(b) of this Act and the publicity for such orders after they are confirmed. F577The Schedule has no application as regards orders made by the Secretary of State.

Supplementary provisions

207F578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

208 Concurrent proceedings in connection with highways.

1

In relation to orders under sections 198, F579198A, and 201 of this Act, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section F580104(1)(b)(i) of the Roads (Scotland) Act 1984 may be taken concurrently with any proceedings required to be taken for the purposes of the order.

2

In relation to orders under section 203(1)(a) F579or (b) of this Act, regulations made under this Act may make provision for securing—

a

that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

b

that any proceedings required to be taken for the purposes of the acquisition of any other land under section F581104(1)(b)(ii) of the Roads (Scotland) Act 1984 may be taken concurrently with either or both of the proceedings referred to in the preceding paragraph.

F582209

C1901

Where in pursuance of an order under section 198, 198A F583 or 201 of this Act a F584road is stopped up, diverted or changed and immediately before the date on which the order became operative there was under, in, on, over, along or across the F584road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the operator of that system shall have the same powers in respect of the telecommunication apparatus as if the order had not become operative; but any person entitled to land over which the F584road subsisted shall be entitled to require the alteration of the apparatus.

C1902

Where any such order provides for the improvement of a F585road, other than a trunk road, and, immediately before the date on which the order became operative, there was under, in, on, over, along or across the F585road any telecommunication apparatus kept installed for the purposes of a telecommunications code system, the local F585roads authority shall be entitled to require the alteration of the apparatus.

This subsection does not have effect so far as it relates to the alteration of any telecommunication apparatus for the purpose of authority’s works as defined in Part II of the Public Utilities Street Works Act M661950.

3

Where an order under section 199 of this Act authorising the stopping up or diversion of any footpath or bridle-way is made by a planning authority or an order under section 203(1)(b) of this Act extinguishing a public right of way is made by a planning authority and at the time of the publication of the notice required by section 206(4) of, and Schedule 18 to, this Act any telecommunication apparatus was kept installed for the purposes of a telecommunications code system under, in, on, over, along or across the land over which the right of way subsisted—

a

the power of the operator of the system to remove the apparatus shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the footpath or bridle-way is stopped up or diverted or, as the case may be, the right of way is extinguished and shall be exercisable in respect of the whole or any part of the apparatus after the end of that period if before the end of that period the operator of the system has given notice to the authority which made the order of his intention to remove the apparatus or that part of it, as the case may be;

b

the operator of the system may by notice given in that behalf to the authority which made the order not later than the end of the said period of three months abandon the telecommunication apparatus or any part of it;

c

subject to paragraph (b) of this subsection, the operator of the system shall be deemed at the end of that period to have abandoned any part of the apparatus which the operator has then neither removed nor given notice of his intention to remove;

d

the operator of the system shall be entitled to recover from the authority which made the order the expense of providing, in substitution for the apparatus and any other telecommunication apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the first-mentioned apparatus, any telecommunication apparatus in such other place as the operator may require;

e

where under the preceding provisions of this subsection the operator of the system has abandoned the whole or any part of any telecommunication apparatus that apparatus or that part of it shall vest in the authority which made the order and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of a telecommunications code system.

4

As soon as reasonably practicable after the making of any such order as is mentioned in subsection (3) above in circumstances in which that subsection applies in relation to the operator of any telecommunications code system, the authority which made the order shall give notice to the operator of the making of the order.

5

Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.

6

Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

210F586. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210AF587 Recovery of costs of making orders relating to roads, paths etc.

1

Where, after the coming into force of this section, a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

2

The orders to which subsection (1) above applies are orders under any of the following enactments—

a

section 198A of this Act (orders authorising the stopping up or diversion of certain F588roads);

b

section 199 of this Act (orders authorising the stopping up or diversion of footpaths or bridleways);

c

F589d

section 201 of this Act (orders extinguishing the right to use vehicles on a F590road);

e

F589f

section 34 of the M67Countryside (Scotland) Act 1967 (orders as regards the closure of public paths); and

g

section 35 of the said Act of 1967 (orders as regards the diversion of public paths).

C191Part XI Statutory Undertakers

Annotations:

Modifications etc. (not altering text)

C191

Pt. XI (ss. 211-230) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Pt. XI (ss. 211-230) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Preliminary

C193 C194211 Meaning of “operational land”. C192

In this Act “operational land” means, in relation to statutory undertakers—

a

land which is used for the purpose of carrying on their undertaking; and

b

land in which an interest is held for that purpose,

not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

C196 C197 C198212 Cases in which land is to be treated as not being operational land. C195

C1991

Where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

a

the interest was acquired by them on or after 8th December 1969; or

b

it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the Act of 1947,

then subsection (2) of this section shall have effect for the purpose of determining whether the land is to be treated as operational land for the purposes of this Act and shall so have effect notwithstanding the definition of operational land in section 211 of this Act.

2

The land shall not be treated as operational land for the purposes of this Act unless one or both of the following conditions are satisfied with respect to it, namely—

a

there is, or at some time has been, in force with respect to the land a specific planning permission for its development and that development, if carried out, would involve or have involved the use of the land for the purpose of the carrying on of the statutory undertakers’ undertaking; or

b

the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of F591F592the Gas Act 1986F593, the Airports Act 1986 or the M68Transport Act 1968 from other statutory undertakers and the land was, immediately before transfer, operational land of those other undertakers.

3

A specific planning permission for the purpose of subsection (2)(a) of this section is a planning permission—

a

granted on an application in that behalf under Part III of this Act or the enactments previously in force and replaced by that Part of this Act; or

b

granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval; or

c

granted by a special development order in respect of development specifically described in the order; or

d

deemed to be granted by virtue of a direction of a government department under section 37 of this Act or section 32 of the Act of 1947;

and the reference in paragraph (b) of this subsection to development which has received specific parliamentary approval shall be construed as referring to development authorised by a local or private Act of Parliament or by an order approved by both Houses of Parliament or by an order which has been brought into operation in accordance with the provisions of the M69Statutory Orders (Special Procedure) Act 1945, being an Act or order which designates specifically both the nature of the development thereby authorised and the land upon which it may be carried out.

213F594 Meaning of “the appropriate Minister”.

1

In this Act “the appropriate Minister”—

a

in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;

b

in relation to statutory undertakers carrying on an undertaking for the supply of F595 hydraulic power, the Secretary of State for Energy;

c

in relation to F596 the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

d

5

Subject to the provisions of this Part of this Act as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.

C207 C208 C209215 Development requiring sanction of government department. C206

1

Where the sanction of a government department F598 is required in respect of any development of operational land, then, except where that sanction has been granted without any direction as to the grant of planning permission, the Secretary of State and the appropriate Minister shall not be required to deal with an application for planning permission under section 214(1) of this Act.

2

The provisions of subsection (3) of section 37 of this Act shall have effect for the purposes of this section as they have effect for the purposes of that section.

C211 C212 C213 C214 C215216 Revocation or modification of permission to develop operational land. C210

In relation to any planning permission, granted on the application of statutory undertakers, for the development of operational land, the provisions of Part III of this Act with respect to the revocation and modification of planning permission shall have effect as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

C217 C218 C219 C220 C221217 Order requiring discontinuance of use etc. of operational land. C216

The provisions of Part III of this Act with respect to the making of orders requiring the discontinuance of any use of land or imposing conditions on the continuance thereof, or requiring buildings or works on land to be altered or removed, shall have effect, in relation to operational land of statutory undertakers, as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

C223 C224 C225 C226218 Acquisition of land of statutory undertakers. C222

1

Notwithstanding anything in paragraph 10 of Schedule 1 to the M70Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 a compulsory purchase order to which this section applies may be confirmed or made without the appropriate Minister’s certificate.

2

This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.

3

Except where the appropriate Minister’s certificate is given, a compulsory purchase order to which this section applies shall be of no effect unless it is confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would apart from this subsection have power to make or confirm it.

4

In this section “the appropriate Minister’s certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1 to the said Act of 1947.

C228 C229 C230 C231 C232 C233 C234 C235219 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers. C227

1

Where any land has been acquired by a Minister, a F599 Planning authority or statutory undertakers under Part VI of this Act or compulsorily under any other enactment, or has been appropriated by a F599 planning authority for planning purposes, and—

a

there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land; or

b

there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking,

the acquiring or appropriating authority, if satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus, is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, may serve on the statutory undertakers a notice stating that, at the end of the period of twenty-eight days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of such period as aforesaid, the apparatus shall be removed.

2

The statutory undertakers on whom a notice is served under subsection (1) of this section may, before the end of the period of twenty-eight days from the service of the notice, serve a counter-notice on the acquiring or appropriating authority stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

3

If no counter-notice is served under subsection (2) of this section—

a

if any objection is made, shall cause an inquiry to be held,

and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification.

3

Where an order is made under section 219 of this Act—

a

any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order; and

b

if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

C244 C245 C246 C247 C248221 Notice for same purposes as s. 219 but given by statutory undertakers to developing authority. C243

1

Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 219(1) of this Act, and—

a

there is on, under or over the land any apparatus vested in or belonging to statutory undertakers; and

b

the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

2

Where, after the land has been acquired or appropriated as aforesaid, development of the land is begun to be carried out, no notice under this section shall be served later than twenty-one days after the beginning of the development.

3

Where a notice is served under this section, the authority on whom it is served may, before the end of the period of twenty-eight days from the date of service, serve on the statutory undertakers a counter-notice stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

4

If no counter-notice is served under subsection (3) of this section, the statutory undertakers shall, after the end of the period of twenty-eight days therein mentioned, have the rights claimed in their notice.

5

If a counter-notice is served under subsection (3) of this section, the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

6

Where, by virtue of this section or of an order of Ministers thereunder, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

F6017

In subsection (1)(a) above the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system; and, for the purposes of this subsection, in this section references (except in the said subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.

where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3) of this section, for giving effect to such financial arrangements between the F602 planning authority or Minister and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

d

for such incidental and supplemental matters as appear to the Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

C257 C258 C259 C260 C261 C262223 Procedure in relation to orders under s. 222. C256

1

As soon as may be after making such a representation as is mentioned in subsection (1) or subsection (3) of section 222 of this Act—

a

the statutory undertakers, in a case falling within subsection (1) of that section; or

b

the F603 planning authority or Minister making the representation, in a case falling within subsection (3) thereof,

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, and shall serve a like notice on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

2

Orders under section 222 of this Act shall be subject to special parliamentary procedure.

C264 C265 C266 C267 C268 C269224 Relief of statutory undertakers from obligations rendered impracticable. C263

1

Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, the appropriate Minister may, if he thinks fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

2

Subsection (1) of this section applies to the following acts and events, that is to say—

a

the compulsory acquisition under Part VI of this Act or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers; and

b

the acts and events specified in section 222(2)(b) to (e) of this Act.

3

As soon as may be after making a representation to the appropriate Minister under subsection (1) of this section, the statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specify the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

4

If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

5

Immediately after an order is made under this section by the appropriate Minister, he shall publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and shall serve a like notice—

a

on any person who duly made an objection to the order and has sent to the appropriate Minister a request in writing to serve him with the notice required by this subsection, specifying an address for service; and

b

on such other persons (if any) as the appropriate Minister thinks fit.

6

Subject to subsection (7) of this section, and to the provisions of Part XII of this Act, an order under this section shall become operative, on the date on which the notice required by subsection (5) of this section is first published.

7

Where in accordance with subsection (4) of this section the order is subject to special parliamentary procedure, subsection (6) of this section shall not apply.

C271 C272 C273 C274 C275 C276225 Objections to orders under ss. 222 and 224. C270

1

For the purposes of sections 222 and 224 of this Act, an objection to the making of an order thereunder shall not be treated as duly made unless—

a

the objection is made within the time and in the manner specified in the notice required by the section under which the order is proposed to be made; and

b

a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

2

Where an objection to the making of such an order is duly made in accordance with subsection (1) of this section and is not withdrawn, the following provisions of this section shall have effect in relation thereto:

Provided that, in the application of those provisions to an order under section 222 of this Act, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

3

Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

4

In so far as the appropriate Minister, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

5

If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

6

Subject to subsections (4) and (5) of this section, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, F604 planning authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

7

Notwithstanding anything in the preceding provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

8

In this section any reference to making a final decision, in relation to an order, is a reference to deciding whether to make the order or what modification (if any) ought to be made.

Compensation

C278 C279 C280 C281226 Right to compensation in respect of certain decisions and orders. C277

1

Statutory undertakers shall, subject to the following provisions of this Part of this Act, be entitled to compensation from the F605 planning authority—

a

in respect of any decision made in accordance with section 214 of this Act whereby planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—

i

planning permission for that development would have been granted by a development order but for a direction given under such an order that planning permission so granted should not apply to the development; and

ii

it is not development which has received specific parliamentary approval (within the meaning given to that expression by section 212(3) of this Act);

b

in respect of any order under section 42 of this Act, as modified by section 216 thereof, whereby planning permission, granted on the application of those undertakers for the development of any such land, is revoked or modified.

2

Where, by virtue of section 219 of this Act, any right vested in or belonging to statutory undertakers is extinguished, or any requirement is imposed on statutory undertakers, those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

3

Where works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of section 221 of this Act or an order of Ministers thereunder, the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

4

Notwithstanding anything in subsection (1) of this section, if the decision or order in question relates to land acquired by the statutory undertakers after 7th January 1947, and the Secretary of State and the appropriate Minister are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of that decision or order, they may include therein a direction that subsection (1) of this section shall not apply to that decision or order.

5

For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded F606

C283 C284 C285 C286227 Measure of compensation to statutory undertakers. C282

1

Where statutory undertakers are entitled to compensation—

a

as mentioned in subsection (1), (2) or (3) of section 226 of this Act; or

b

under the provisions of section 159 in respect of an order made under section 49 F607, 49A or 49B of this Act as modified by section 217 thereof; or

c

in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the appropriate Minister’s certificate;

the amount of the compensation shall (subject to section 228 of this Act) be an amount calculated in accordance with the following provisions of this section.

2

The said amount, subject to subsections (3) and (4) of this section, shall be the aggregate of the following amounts, that is to say—

a

the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking rendered necessary by the proceeding giving rise to compensation;

b

whichever of the following is applicable, namely—

i

where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

ii

where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;

c

where the compensation is under section 226(2) of this Act, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.

3

Where any such adjustment as is mentioned in paragraph (a) of subsection (2) of this section is made, the aggregate amount mentioned in that subsection shall be reduced by such amount (if any) as appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate to offset—

a

the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers and used for the carrying on of their undertaking which, in consequence of the adjustment, ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection; and

b

the estimated amount of any increase in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as that amount has not been taken into account under paragraph (b) of that subsection and is directly attributable to the adjustment,

and by any further amount which appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate, having regard to any increase in the capital value of heritable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under paragraph (b) of this subsection.

4

Where the compensation is under section 226(3) of this Act and the acquiring or appropriating authority carry out the works, then, in addition to any reduction falling to be made under subsection (3) of this section, the aggregate amount mentioned in subsection (2) of this section shall be reduced by the actual cost to the authority of carrying out the works.

5

References in this section to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.

6

In this section—

“proceeding giving rise to compensation” means—
1. a
  except in relation to compensation under section 226(3) of this Act, the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement, or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;
2. b
  in relation to compensation under the said section 226(3), the circumstances making it necessary for the apparatus in question to be removed or re-sited;
“the appropriate Minister’s certificate” has the same meaning as in section 218 of this Act.

C288 C289228 Exclusion of s. 227 at option of statutory undertakers. C287

1

Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 227(1)(c) of this Act, the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 12 of the M71Land Compensation (Scotland) Act 1963) which would be applicable apart from section 227 of this Act; and if the undertakers so elect the compensation shall be ascertained accordingly.

2

An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.

3

Any notice under this section shall be given to the acquiring authority before the end of the period of two months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

C291 C292229 Procedure for assessing compensation where s. 227 applies. C290

b

an order under any provision of Part X of this Act, F610 whether before or after the order has been made; or

c

an order under section 224 of this Act, whether before or after the order has been made; or

d

any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed; or

e

any such action on the part of the Secretary of State as is mentioned in subsection (3) of this section,

shall not be questioned in any legal proceedings whatsoever.

2

The orders referred to in subsection (1)(d) of this section are orders of any of the following descriptions, that is to say—

a

any order under section 42 of this Act or under the provisions of that section as applied by or under any other provision of this Act F611or as applied under section 181 of the Local Government (Scotland) Act 1973;

b

any order under section 49 of this Act; F612or under the provisions of that section as applied by or under any other provision of this Act or as applied under section 181 of the Local Government (Scotland) Act 1973.;

F613ba

any order under section 49A of this Act;

bb

any order under section 49B of this Act;

c

any tree preservation order;

d

any order made in pursuance of section 61(4) of this Act;

e

F614f

any order under Part II of Schedule 10 to this Act.

3

The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

a

any decision of the Secretary of State on an application F615 referred to him under section 32 of this Act;

b

any decision of the Secretary of State on an appeal under section 33 of this Act;

c

the giving by the Secretary of State of any direction under section 35 of this Act;

d

any decision by the Secretary of State to confirm a completion notice under section 41 of this Act;

F616dd

any decision by the Secretary of State relating to an application for hazardous substances consent;

e

any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 61 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

F617ee

any decision of the Secretary of State on an appeal to him under section 63A of this Act against a waste land notice;

C298f

any decision of the Secretary of State on an appeal to him under section 85 F610 of this Act against any enforcement notice;

F618g

any decision of the Secretary of State on an appeal under section 91(2) of this Act against the refusal or partial refusal of an application for an established use certificate;

F619h

any decision of the Secretary of State on an appeal to him under section 93 of this Act against a listed building enforcement notice;

i

any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

j

any decision of the Secretary of State not to confirm a purchase notice or listed building purchase 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 on an application referred to him under paragraph 4 of Schedule 10 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph F6207 of that Schedule or section 93 of this Act.

4

Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) of this section.

for the references to Part II of this Act substitute references to Part III of this Act, and

b

for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act,

and with any other necessary modifications.

C301 C302233 Proceedings for questioning validity of other orders, decisions and directions.

1

If any person—

a

is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or

C303b

is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

C3032

Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

3

This section applies to any such order as is mentioned in subsection (2) of section 231 of this Act F624 and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of the said section 231.

4

On any application under this section the Court of Session—

a

may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

b

if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:

Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders.

5

In relation to a tree preservation order, or to an order made in pursuance of section 61(4) of this Act, the powers conferred on the Court of Session by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

6

References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

C304 C305 C3067

In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the M73Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment), which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies is a reference to the F625 planning authority, and, in relation to any such decision as is mentioned in section 231(3)(i) or (j) of this Act, being a decision confirming the notice in question subject to the substitution of another local authority or statutory undertakers for the F625 planning authority, shall be construed as including a reference to that other local authority or those statutory undertakers.

apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 231(3) of this Act; but

b

by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 231 and 233 of this Act shall have effect (subject to section 236 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

236 Special provisions as to orders subject to special parliamentary procedure.

1

Where an order under section 198, F627 201 or 224 of this Act is subject to special parliamentary procedure, then—

a

if the order is confirmed by Act of Parliament under section 2(4), as read with section 10, of the M74Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, the provisions of sections 231 and 232 of this Act shall not apply to the order;

b

in any other case, section 232 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

2

Where by virtue of Part XI of this Act any such action as is mentioned in section 235 of this Act is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

a

if the order in which the action is embodied is confirmed by Act of Parliament under the said Act of 1945, the provisions of sections 231 and 233 of this Act shall not apply;

b

in any other case, the provisions of section 233 of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under the said Act of 1945.

Part XIII Financial Provisions

237F628. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grants for research and education

240 Grants for research and education.

The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.

Contributions to certain expenditure

241 Contributions by Ministers towards compensation paid by local authorities.

Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under—

a

Part III or Part IV of this Act;

b

sections 84 to 96 of this Act;

c

the provisions of Part IX of this Act relating to purchase notices;

d

Schedule 7 to this Act,

then if that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of moneys provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

C308 C309242 Contributions by local authorities and statutory undertakers. C307

1

Without prejudice to F629section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road), any F630regional or islands council may contribute towards any expenses incurred by a local F631roads authority or the Secretary of State in the acquisition of land under Part VI of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the F630region or island area.

2

Any local authority and any statutory undertakers may contribute towards—

a

any expenses incurred by a. . . F632 planning authority in or in connection with the carrying out of a survey or the preparation of a structure plan or local plan under Part II of this Act;

b

any expenses incurred by a. . . F632 planning authority in or in connection with the performance of any of their functions under Part III (except section 25), Part IV, Part V (except sections 97 and 99) or Part VI (except section 116) of this Act, under the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices or under Schedule 10 to this Act.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F633

243 Assistance for acquisition of property where objection made to blight notice in certain cases.

A F634regional, islands or district 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 183 of this Act specifying the grounds mentioned in subsection (2)(d) of that section 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 181(4)(a) of this Act.

Recovery of compensation etc.

244 Recovery from acquiring authorities of sums paid by way of compensation.

1

Where an interest in land is compulsorily acquired, or is sold to an authority possessing compulsory purchase powers, and any of the land comprised in the acquisition or sale is land in respect of which a notice to which this section applies is recorded (whether before or after the completion of the acquisition or sale) in respect of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 147(5) of this Act) is to be treated as attributable to that land.

2

This section applies to notices recorded under subsection (4) of section 147 of this Act and to notices recorded under the provisions of that subsection as applied by section 155(5) of this Act.

3

If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

4

No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.

5

Where by virtue of the preceding provisions of this section the Secretary of State recovers a sum in respect of any land, by reason that it is land in respect of which a notice is recorded under the provisions of section 147(4) of this Act as applied by section 155 of this Act, section 157(2) and (3) of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 157(2) of this Act.

245 Recovery from acquiring authorities of sums paid in respect of war-damaged land.

1

Where an interest in land is compulsorily acquired by, or sold to, an authority possessing compulsory purchase powers, and a payment exceeding £20 has become or becomes payable under section 56 of the Act of 1947 in respect of that interest, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover the amount of the payment from the acquiring authority.

2

If, before 18th November 1952, operations were begun in, on, over or under the land, or a use of the land was instituted, being operations or a use—

a

in respect of which a development charge has at any time been determined to be payable, or it has at any time been determined that no development charge was payable; or

b

comprised in a scheme of development exempt from development charge,

subsection (1) of this section shall not apply to so much of any payment referred to in that subsection as was attributable to any land in relation to which the determination was made or, as the case may be, which is included in that scheme of development.

3

No amount shall be recoverable under this section in respect of any land in relation to which an amount has become recoverable by the Secretary of State under the provisions of section 148 of this Act as applied by section 264 of this Act.

4

If the acquisition or sale in question does not extend to the whole of the land to which the payment under the said section 56 related, the amount recoverable under this section shall be so much of that payment as, in accordance with subsection (5) of this section, is to be treated as apportioned to the land in which the interest acquired or sold subsists.

5

For the purposes of this section a payment under section 56 of the Act of 1947 shall be treated as apportioned, as between different parts of the land to which it related, in the way in which it might reasonably be expected to have been so apportioned if, under the scheme made under that section, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between different parts of that land.

6

In this section references to a scheme of development exempt from development charge are references to a scheme of development such that, if the operations and uses of land comprised in the scheme had all been begun or instituted before 18th November 1952, all those operations and uses would have been exempt from the provisions of Part VI of the Act of 1947 by virtue of regulations made thereunder; and references to the amount of a payment shall be construed as including any interest payable on the principal amount of the payment.

246 Sums recoverable from acquiring authorities reckonable for purposes of grant.

Where a sum is recoverable from an authority under section 244 or 245 of this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Expenses and receipts of Secretary of State

247 Expenses of government departments.

1

The following expenses of the Secretary of State shall be paid out of moneys provided by Parliament, that is to say—

a

any expenses incurred by the Secretary of State under subsection (2) of section 48 of this Act or under that subsection as applied by subsection (7) of section 61 of this Act, or in the payment of expenses of any committee established under the said section 61;

b

any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part VII or Part VIII of this Act;

c

any expenses incurred by the Secretary of State under Part X of this Act;

d

any expenses incurred by the Secretary of State in the making of grants. . . F635 under section 240 of this Act;

e

subject to the provisions of subsection (4) of section 248 of this Act, any instalment payable by the Secretary of State under subsections (2) and (3) of that section;

f

any administrative expenses incurred by the Secretary of State for the purposes of this Act.

2

There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

a

in the acquisition of land under Part VI of this Act;

b

in the payment of compensation under section 108(4), 226(2) or 266 of this Act;

c

under section 118(2)(b) of this Act; or

d

under section 241 of this Act.

248 Payments under s. 56 of Act of 1947 and Parts I and V of Act of 1954.

1

The Secretary of State shall pay out of moneys provided by Parliament any payments falling to be made by him on or after 1st April 1968 under—

a

section 56 of the Act of 1947 (war-damaged land); or

b

any provision of Part I or Part V of the Act of 1954.

2

The aggregate of the sums issued to the Secretary of State or the Central Land Board out of the Consolidated Fund in any financial year ending before the said 1st April under section 64(1) of the Act of 1954 (sums required for making payments under Part I or Part V of the Act of 1954) shall be repaid by the Secretary of State into the National Loans Fund, as mentioned in subsection (3) of this section, with interest thereon at such rate as the Treasury may determine, such interest accruing, in respect of the whole aggregate, from such date in the financial year in which the sums were issued as the Treasury may determine.

3

The said aggregate shall be repaid by twenty equal annual instalments, of principal and interest combined, falling due on the anniversary of the date determined under subsection (2) of this section, the first such instalment falling due in the financial year next following the financial year in which the sums in question were issued.

4

Any sums received by the Secretary of State by virtue of—

a

the provisions of section 148 of this Act, as applied by Schedule 22 to this Act to compensation paid under Part V of the Act of 1954; or

b

the provisions of section 244 of this Act as so applied,

shall be paid into the Consolidated Fund.

249 General provision as to receipts of Secretary of State.

Without prejudice to section 248 of this Act, and subject to the provisions of section 157 of this Act, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Expenses of local authorities

250 Expenses of, and borrowing by, local authorities.

1

Any expenses incurred by a local F636roads authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall be defrayed in like manner as expenses incurred by the authority on F636roads.

2

Any expenses incurred by a local authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act in pursuance of a purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority, shall be defrayed in like manner as other expenses incurred by that authority for the purposes of that function.

3

A local authority may borrow for the purposes of this Act in accordance with the provisions of Part F637VII of the M75Local Government (Scotland) Act F6371973

4

Nothing in this section shall authorise the exercise of the power of borrowing money thereby conferred otherwise than in compliance with the provisions of the M76Local Authorities Loans Act 1945 and of any orders for the time being in force made by the Treasury under section 1 of the M77Borrowing (Control and Guarantees) Act 1946.

Part XIV Application of Act to Special Cases

Minerals

251 Power to modify Act in relation to minerals.

1

In relation to development consisting of the winning and working of minerals, the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

F6381A

In this Act—

“development consisting of the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit; and
“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.

2

Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

3

Any regulations made by virtue of subsection (1) of this section shall not apply—

a

to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

b

to development consisting of the winning and working of any minerals vested in the F639British Coal Corporation, being development to which any of the provisions of this Act relating to operational land of statutory undertakers apply by virtue of regulations made under section 259 of this Act; or

c

to the winning and working of peat by any person for the domestic requirements of that person;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

251AF640 Duty of planning authorities to review mineral workings.

1

It shall be the duty of every planning authority—

a

to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—

i

are being carried out; or

ii

have been carried out at any time during the relevant period; or

iii

are authorised by planning permission but have not been begun; and

b

to make in respect of any such site any order under section 42, 49, 49A or 49B of this Act that they consider appropriate.

2

In subsection (1) of this section “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.

252F641. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crown land

253 Exercise of powers in relation to Crown land.

1

Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

a

a plan approved, adopted or made under Part II of this Act may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

C310b

any restrictions or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 214 to 217 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

c

a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 52 of this Act.

2

Except with the consent of the appropriate authority—

a

no order or notice shall be made or served under any of the provisions of sections 49 F642, 49A, 49B F64356J 58, 63, 84 F644or 92F64492 or 97B of this Act or under any of those provisions as applied by any order or regulations made under Part IV of this Act, in relation to land which for the time being is Crown land;

b

no interest in land which for the time being is Crown land shall be acquired compulsorily under Part VI of this Act.

3

No enforcement notice shall be served under section 84 of this Act 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.

4

No listed building enforcement notice 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.

5

No purchase notice or listed building purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.

6

The rights conferred by the provisions of sections 181 to 196 of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.

7

In this Part of this Act “Crown land” means land in which there is a Crown interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and for the purposes of this section and section 254 of this Act “the appropriate authority”, in relation to any land—

a

in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

b

in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

254 Agreements relating to Crown land.

1

The appropriate authority and the. . . F645 planning authority for the district in which any Crown land is situated may make agreements for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto; and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.

2

An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

3

In considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

F6464

In this section “planning authority” includes a regional planning authority.

255 Supplementary provisions as to Crown interest.

1

Subject to subsection (2) of this section where there is a Crown interest in any land, the provisions of Part VII of this Act and of sections 155 to 157 thereof, and the provisions of Schedules 13, 14 and 15 to this Act and the provisions of Schedule 22 to this Act in so far as they relate to Part VII or to sections 155 to 157 of this Act, shall have effect in relation to any private interest as if the Crown interest were a private interest.

2

In this section “private interest” means an interest which is not a Crown interest.

. . . F647 planning authorities

Annotations:

Amendments (Textual)

F647

Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

256 Application to. . . F648planning authorities of provisions as to planning control and enforcement.

1

In relation to land of. . . F648 planning authorities, and to the development by local authorities of land in respect of which they are the. . . F648 planning authorities, the provisions of this Act specified in Part III of Schedule 19 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

2

Subject to the provisions of section 37 of this Act, any such regulations may in particular provide for securing—

a

that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the. . . F648 planning authority;

b

that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the. . . F648 planning authority.

3

Sections 23, 24 and 26(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the. . . F648 planning authority.

257F649 Application to. . . F650planning authorities of provisions as to listed buildings.

The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.

257AF652 Application to planning authorities of provisions as to hazardous substances control.

1

The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to hazardous substances consent for planning authorities.

2

Subject to the provisions of section 56G of this Act, any such regulations may in particular provide for securing—

a

that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over or under such land shall be made to the Secretary of State and not to the planning authority;

b

that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the planning authority.

258 Special provisions as to statutory undertakers who are. . . F651planning authorities.

In relation to statutory undertakers who are. . . F651 planning authorities, section 230 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Special case Regulations

259 National Coal Board. C311

1

Regulations made under this Act by the Secretary of State and F653the Secretary of State for Energy with the consent of the Treasury may direct that any of the provisions of this Act specified in Part I of Schedule 19 to this Act or of section 212 of this Act being provisions relating to statutory undertakers and to land of such undertakers, shall apply, subject to such adaptations, modifications and exceptions as may be specified in the regulations, in relation to the F654British Coal Corporation, and in relation to land (including mines) of F654that Corporation of any such class as may be specified in the regulations, as if F654the Corporation were statutory undertakers and as if land of any class so specified were operational land.

2

Without prejudice to the generality of subsection (1) of this section, any regulations made thereunder may in particular provide that any compensation payable to the F654British Coal Corporation by virtue of any of the provisions applied by the regulations, being compensation which, in the case of statutory undertakers, would be assessable in accordance with the provisions of section 227 of this Act, shall, instead of being assessed in accordance with that section, be assessed in accordance with the provisions of the regulations.

Part XV Miscellaneous and Supplementary Provisions

260 Default powers of Secretary of State.

1

If it appears to the Secretary of State, after consultation with the. . . F655 planning authority, to be expedient that any order to which this subsection applies should be made, he. . . F656 may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the. . . F655 planning authority and confirmed by the Secretary of State under Part III or IV of this Act F657or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority.

2

Subsection (1) of this section applies to the following orders, that is to say—

a

orders under section 42 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

b

orders under section 49 of this Act;

F658ba

orders under section 49A of this Act;

bb

orders under section 49B of this Act;

c

tree preservation orders and orders amending or revoking them.

3

The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the. . . F655 planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

4

Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the. . . F655 planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

5

If it appears to the Secretary of State, after consultation with the. . . F655 planning authority, to be expedient that—

a

a completion notice under section 41 of this Act; or

b

. . . F659

c

an enforcement notice under section 84 of this Act,. . . F656; or

d

a stop notice under section 87 of this Act; or

e

a listed building enforcement notice,

should be served in respect of any land, he. . . F656 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F655 planning authority:

Provided that, in relation to an enforcement notice under section 84 of this Act or a listed building enforcement notice which is served by the Secretary of State, the provisions of sections 86, 88 and 89, or, as the case may be, of sections 94 and 95 of this Act shall apply as if for any reference therein to the. . . F655 planning authority there were substituted a reference to the Secretary of State.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F660

F661 Interdicts restraining breaches of planning control

Annotations:

Amendments (Textual)

F661

S. 260A and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.35 (with s. 84(5)); S.I. 1992/334, art. 4.

F733260AF733Interdicts restraining breaches of planning control.

1

Whether or not they have exercised or propose to exercise any of their other powers under this Act, a planning authority may seek to restrain or prevent any actual or apprehended breach of any of the controls provided for by or under this Act by means of an application for interdict.

2

On an application under subsection (1) of this section the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.

3

In this section “the court” means the Court of Session or the sheriff.

261F662. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

262F663 Designation of conservation areas.

1

Every planning authority shall from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F664

4

The Secretary of State may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

5

Before making a determination under this section, a planning authority shall consult the planning authority of each district of which any part is included in the area to which the proposed determination relates.

6

A planning authority shall give notice to the Secretary of State of the designation of any part of their district as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a planning authority of the designation of any part of their district as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

7

Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority, by that authority or, as the case may be, the Secretary of State.

8

Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the M78Historic Buildings and Ancient Monuments Act 1953 or the M79Local Authorities (Historic Buildings) Act 1962.

9

Every planning authority shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a conservation area.

262A [F665Control of demolition in conservation areas.

262B [F670Formulation and publication of proposals for preservation and enhancement of conservation areas.

1

It shall be the duty of a planning authority to formulate and publish, F671from time to time proposals for the preservation and enhancement of any parts of their district which are conservation areas.

2

Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate; and the planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F672

262CF673 National Scenic Areas.

1

Where it appears to the Secretary of State, after such consultation with the Countryside Commission for Scotland and such other persons or bodies as he thinks fit, that an area is of outstanding scenic value and beauty in a national context, and that special protection measures are appropriate for it, he may designate the area by a direction under this section as a National Scenic Area; and any such designation may be varied or cancelled by a subsequent direction.

2

Notice of any such designation, variation, or cancellation as is mentioned in subsection (1) above shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the vicinity of the Area by the Secretary of State.

3

Every planning authority shall compile and make available for inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a National Scenic Area.

4

Where any area is for the time being designated as a National Scenic Area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.

263 Assumptions as to planning permission in determining value of interests in land.

1

In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 6 to this Act, it shall be further assumed, as regards development of any class specified in paragraph 1 or 3 of that Schedule, that such permission would be granted subject to the condition set out in Schedule 16 to this Act.

2

In the application of the said Schedule 6 for the purposes of any determination to which subsection (1) of this section applies—

a

b

paragraph 8 of that Schedule shall not apply to any such building.

3

For the purposes of subsections (1) and (2) of this section, so far as applicable to any determination of existing use value as defined in section 176(5) of this Act, references to Schedule 6 to this Act, and to paragraphs 1, 3 and 8 of that Schedule, shall be construed as references to Schedule 3 to the Act of 1947 and to the corresponding paragraphs of that Schedule; and that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 14 of Schedule 6 to this Act.

4

Except as provided in section 157(4) of this Act, nothing in the preceding provisions of this section or in paragraph 14 of Schedule 6 affects the meaning of “new development” in this Act or any determination to be made for the purpose of Part VII of this Act.

5

For the avoidance of doubt it is hereby declared that where, under any provision of this Act, the value of an interest in land is required to be assessed on the assumption that planning permission would be granted for development of any class specified in Schedule 6 to this Act, that assumption is to be made on the footing that any such development must comply with the provisions of any enactment, other than this Act, which would be applicable to it.

264 Recovery, on subsequent development, of payments in respect of war-damaged land.

1

In relation to notices recorded under section 58 of the Act of 1954 (which provided for the recording of notices of payments made under section 56 of the Act of 1947) the provisions of sections 148 and 149 of this Act shall have effect (subject to the following provisions of this section) as they have effect in relation to notices recorded under section 147 of this Act.

2

The said provisions shall have effect as mentioned in subsection (1) of this section, but as if—

a

any reference therein to the compensation specified in a notice were a reference to the payment so specified; and

b

section 148 of this Act applied to every description of new development.

3

No amount shall be recoverable by the Secretary of State by virtue of this section in respect of any land in relation to which an amount has become recoverable under section 245 of this Act.

4

Subsection (5) of section 245 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.

any of the functions conferred by section 97 or 99 of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

F6794A

Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.

5

Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under Part VII of this Act in respect of that land or any other land.

6

Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . F674 planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . F674 planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section 226(2) or 227(1)(c)).

7

Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

F6807A

Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.

C3128

Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

F6819

In subsection (1) (except as regards paragraph (a)) and in subsection (6) of this section “planning authority” includes a regional planning authority.

266 Supplementary provisions as to rights of entry.

C313 C3141

A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

C313 C3142

Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding F682level 3 on the standard scale.

C313 C3143

If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises, be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

C3144

Where any land is damaged in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or authority on whose behalf the entry was effected.

C3145

The provisions of section 168 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

C3136

Where under section 265 of this Act a person proposes to carry out any works authorised by virtue of subsection (8) of that section—

a

he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section; and

C315 C316 C317 C318 C319b

if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

267 Local inquiries. C320

1

Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

2

The Minister shall appoint a person to hold the inquiry and to report thereon to him.

3

Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has lodged and has not withdrawn objections in relation to any matter in question at the inquiry, and shall be published in such newspaper or newspapers as the Minister may direct.

4

The person appointed to hold the inquiry may, on the motion of any party thereto or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry:

Provided that—

i

no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

ii

nothing in this subsection shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

5

The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

6

Any person who refuses or wilfully neglects to attend in obedience to a notice under subsection (4) of this section or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which he may be required to produce by any such notice shall be liable on summary conviction to a fine not exceeding F683level 2 on the standard scale or to imprisonment for a period not exceeding three months.

F6847

The Minister may make orders as to the expenses incurred—

a

by the Minister in relation to—

i

the inquiry;

ii

arrangements made for an inquiry which does not take place; and

b

by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

7A

What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

a

there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

b

there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

7B

The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

a

the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

b

expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

c

any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

d

any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

8

Any order of the Minister under subsection (7) of this section requiring any party to pay expenses may be enforced in like manner as F685an extract registered decree arbitral bearing a warrant for the execution issued by the sheriff court of any sheriffdom in Scotland.

9

In this section the expression “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.

267AF686 Orders as to expenses of parties where no local inquiry held.

c

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

d

in the case of a person on whom the notice is required to be served as being a person appearing from the valuation roll to have an interest in land, by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his address as entered in the valuation roll; or

e

in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

2

Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

a

being addressed to him either by name or by the description of “the owner”, “the lessee” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) of this section; or

b

being so addressed, and marked in such manner as may be prescribed by regulations under this Act for securing that it shall be plainly identifiable as a communication of importance, it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

3

Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied, the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any lessees and occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

270F688 Power to require information as to interests in land. C323

1

For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

a

the nature of his interest in the land;

b

the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise;

c

details of the purposes for which the land is currently being used.

F689d

the time when that use began;,

e

the name and address of any person known to the person on whom the notice is served as having used the premises for those purposes;

f

the time when any activities being carried out on the premises began.

2

Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding F690level 3 on the standard scale.

3

Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not execeeding two years or to a fine, or both.

F6914

It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.

271 Offences by corporations.

1

Where an offence under this Act (other than section 55) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

2

In subsection (1) of this section the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

272 Combined applications.

1

Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

a

an application for planning permission in respect of any development; and

b

an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

2

Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

3

Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

4

An application required to be made to a local authority under an enactment specified in any such regulations shall, if made in accordance with the provisions of the regulations, be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

5

Subsection (4) of this section shall have effect without prejudice to—

a

the validity of any application made in accordance with the enactment in question; or

b

any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

6

In this section “application” includes a submission.

F6927

The provisions of subsection (1) of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.

273 Regulations and orders.

1

The Secretary of State may make regulations under this Act—

a

for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

b

for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister.

2

Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3

Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

4

The power to make orders under sections 1(3), 18, 19(2)(f), 21, F69321E, 53(3) F69456AA,. . . F695, 181(4)(a), 261 and 279 of this Act shall be exercisable by statutory instrument.

5

Any statutory instrument which contains a development order or an order under section 1(3), F69621E, 56AA. . . F695 or F697181(4)(a) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 20 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F698

F6999

Any order under section 67, 71(6), 72(4) or 73(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.

10

Any power (exercisable in accordance with section 280(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

C324274 Act not excluded by special enactments.

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the Act of 1947, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

275 Interpretation.

1

In this Act, except in so far as the context otherwise requires and subject to the transitional provisions herein after contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

“acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;
“the M83Act of 1945” means the Town and Country Planning (Scotland) Act 1945;
“the M84Act of 1947” means the Town and Country Planning (Scotland) Act 1947;
“the M85Act of 1954” means the Town and Country Planning (Scotland) Act 1954;
“the M86Act of 1959” means the Town and Country Planning (Scotland) Act 1959;
“the M87Act of 1969” means the Town and Country Planning (Scotland) Act 1969;
“advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
F700“aftercare condition” has the meaning assigned to it by section 27A(2) of this Act;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as graZing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appointed day” means 1st July 1948;
“the appropriate Minister” has the meaning assigned to it by section 213 of this Act;
“area of extensive war damage” and “area of bad lay-out or obsolete development” mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development or consisting of Such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;
“authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:
. . . F701
“authority to whom Part II of the Act of 1959 applies” means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;
“bridleway” has the same meaning as in section 47 of the M88Countryside (Scotland) Act 1967;
“building”. . . F702 includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;
“building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;
“building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;
“caravan site” has the meaning assigned to it by section 1(4) of the M89Caravan Sites and Control of Development Act 1960;
“clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;
“common” includes any town or village green;
“compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;
“conservation area” means an area designated under section 262 of this Act;
F703“contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act;
“development” has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;
F704“development consisting of the winning and working of minerals” shall be construed in accordance with section 251(1A) of this Act;
“development order” has the meaning assigned to it by section 21 of this Act;
“development plan” (subject to section 18 of, and paragraph 7 of Schedule 4 to, this Act) shall be construed in accordance with section 17 of this Act;
“disposal”, except in section 113(7) of this Act, means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;
F705“district planning functions” has the meaning assigned to it by section 172 of the M90Local Government (Scotland) Act 1973;
“enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;
“enforcement notice” means a notice under section 84 of this Act;
“engineering operations” includes the formation or laying out of means of access to F706roads;
F707“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the M91Local Government, Planning and Land Act 1980;
“erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;
“established use certificate” has the meaning assigned to it by section 90 of this Act;
“feu charter” includes a feu contract and any other instrument by which land is feued;
“footpath” has the same meaning as in section 47 of the M92Countryside (Scotland) Act 1967;
“functions” includes powers and duties;
“government department” includes any Minister of the Crown;
F708“hazardous substances consent” means consent required by section 56C of this Act;
“hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act;
“heritable security” means—
1. a
  a heritable security within the meaning of the M93Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition; or
2. b
  an assignation in security of a lease recorded under the M94Registration of Leases (Scotland) Act 1857;
and the expression “heritable creditor” shall be construed accordingly;
F709“improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F710
. . . F711
“land” includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;
“Lands Tribunal” means Lands Tribunal for Scotland;
. . . F711
“lease” includes a sub-lease, but does not include an option to take a lease;
“listed building” has the meaning assigned to it by section 52(7) of this Act;
“listed building consent” has the meaning assigned to it by section 53(2) of this Act;
“listed building enforcement notice” has the meaning assigned to it by section 92 of this Act;
“listed building purchase notice” has the meaning assigned to it by section 179 of this Act;
F712“local authority” means a regional, islands or district council;
F713“local roads authority” has the same meaning as in Roads (Scotland) Act 1984;
“. . . F714 planning authority” has the meaning assigned to it by F715section 172 of the M95Local Government (Scotland) Act 1973;
“means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a F716road;
F717“mineral compensation modifications” has the meaning assigned to it by section 167A(3) of this Act;
“mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act;
“minerals” includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working;
“Minister” means any Minister of the Crown or other government department;
F718“National Scenic Area” has the meaning assigned to it by section 262C of this Act.
“new development” has the meaning assigned to it by section 19(5) of this Act;
“open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
“operational land” has the meaning assigned to it by section 211 of this Act;
“owner”, in relation to any land, includes (except in sections 24 and 26 of this Act) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds three years;
“planning decision” means a decision made on an application under Part III of this Act;
“planning permission” means permission under Part III of this Act, and in construing references to planning permission to develop land or to carry out any development of land, or to applications for such permission, regard shall be had to section 29(2) of this Act;
“planning permission granted for a limited period” has the meaning assigned to it by section 27(2) of this Act;
“prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;
“previous apportionment”, in relation to an apportionment for any of the purposes of the relevant provisions, means an apportionment made before the apportionment in question, being—
1. a
  an apportionment for any of the purposes of the relevant provisions as made, confirmed or varied by the Lands Tribunal on a reference to that Tribunal; or
2. b
  an apportionment for any of those purposes which might have been referred to the Lands Tribunal by virtue of any of the relevant provisions, where the time for such a reference has expired without its being required to be so referred, or where, after it had been so referred, the reference was withdrawn before the Tribunal gave their decision thereon; or
3. c
  an apportionment made by or with the approval of the Central Land Board in connection with the approval by the Board, under section 2(2) of the M96Town and Country Planning Act 1953 of an assignation of part of the benefit of an established claim (as defined by section 124(4) of this Act),
and in this definition “the relevant provisions” means any of the provisions of Part VII of this Act, any of those provisions as applied by any other provision of this Act, and any of the provisions of the Act of 1954;
“purchase notice” has the meaning assigned to it by section 169 of this Act;
F719“relevant order” has the meaning assigned to it by section 167C(3) of this Act;
“relocation of population or industry”, in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;
“replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;
F720“restoration condition” has the meaning assigned to it by section 27A(2) of this Act;
F721“restriction on the winning and working of minerals” has the meaning assigned to it by section 167C(1) of this Act;
F722“road” has the same meaning as in the Roads (Scotland) Act 1984;
F723“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act;
“special consultations” has the meaning assigned to it by section 167B of this Act;
“the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the M97Criminal Procedure (Scotland) Act 1975;
. . . F724
“statutory undertakers” means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of. . . F725,. . . F726, hydraulic power or water, and “statutory undertaking” shall be construed accordingly;
F727“steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act
“stop notice” has the meaning assigned to it by section 87 of this Act;
F728“suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act;
“tree preservation order” has the meaning assigned to it by section 58 of this Act;
F729“urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act M981980;
“use”, in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;
“Valuation Office” means the Valuation Office of the Inland Revenue Department;
“war damage” has the same meaning as in the M99War Damage Act 1943.

C325 C326 C327 C3282

If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

3

Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

4

With respect to references in this Act to planning decisions—

a

in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

b

in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the. . . F714 planning authority and not to the decision of the Secretary of State on the appeal;

c

in relation to a decision given on an appeal in the circumstances mentioned in section 34 of this Act, such references shall be construed as references to the decision so given;

d

the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the. . . F714 planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 34 of this Act, the time when in accordance with that section notification of a decision of the. . . F714 planning authority is deemed to have been received.

5

Subject to section 40(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

a

if the development consists of the carrying out of operations, at the time when those operations are begun;

b

if the development consists of a change in use, at the time when the new use is instituted;

c

if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

6

Any reference in this Act to an assignation in security shall be construed as including a reference to anex facie absolute assignation qualified as a security by a collateral agreement.

7

In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feu-duty and ground annual.

8

Any reference in this Act to thedominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

9

References in this Act to any of the provisions in Part III or IV of Schedule 19 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 256 or 257 of this Act.

10

References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

The provisions of this Act referred to in subsection (2) of this section shall come into operation on a day appointed by an order made by the Secretary of State.

2

The provisions of this Act referred to in this subsection are sections 58(5) and 59(1) to (3) of this Act and Schedule 7 to this Act.

3

4

No order under this section relating to Schedule 7 to this Act shall be made unless a draft of the order has been approved by both Houses of Parliament.

5

Any reference in this Act to the commencement of any provision referred to in subsection (2) of this section shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area be construed as a reference to the day appointed for the coming into operation of that provision in that area.

6

An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provisions of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

7

The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

a

as to the provisions which have come, or are to be brought into operation or have been, or are to be, repealed, and on which date and in relation to which areas; and

b

as to whether, in the case of a particular area, any transitional provision has been made by such an order.

8

The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at reasonable hours.

280 Commencement.

1

Except as provided in sections 18 and 279 of this Act and subject to the following provisions of this section, this Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed; and the date of coming into operation of this Act as aforesaid is in this section referred to as “the commencement date”.

2

The following provisions of this Act, that is to say—

a

sections 71 to 83 and 174, this section and paragraphs 24 and 25 of Schedule 22,

b

sections 253(1)(b), 269, 271, 273 and 275 so far as they relate to any of the provisions of sections 71 to 83 and 174 or anything done or to be done under any such provision,

c

Schedule 23 so far as it relates to the repeal of Part I of the M101Control of Office and Industrial Development Act 1965,

d

any provisions which confer any power to make regulations or orders, or which (whether expressly or as construed in accordance with F731section 14 of the M102Interpretation Act 1978 confer any power to revoke or vary any regulations or orders, and

e

any provisions relating to the exercise of any such power,

shall come into operation on the passing of this Act; but no regulations or order shall be made under this Act so as to come into operation before the commencement date other than any regulations or order made under any of the provisions of sections 71 to 83 of this Act.

3

In subsection (2) of this section the reference to provisions of this Act relating to the exercise of any such power as is therein mentioned includes a reference to any provisions of this Act whereby statutory instruments containing regulations or an order are subject to annulment in pursuance of a resolution of either House of Parliament, or whereby any regulations or order or any provisions thereof require the approval of each of those Houses.

C3344

Any reference in this Act to the commencement of this Act is a reference to the coming into operation of so much of this Act as comes into operation on the commencement date, and any reference to the date of the commencement of this Act is a reference to that date; and if any Act passed after the passing of this Act refers to the commencement of this Act, subsections (2) and (3) of this section and section 18 of this Act shall be disregarded for the purpose of construing that reference in accordance with section 36 of the M103Interpretation Act 1889 (which relates to the meaning of “commencement” with reference to an Act).

5

The preceding provisions of this section shall have effect without prejudice to the generality of F731section 13 of the M104Interpretation Act 1978 (which relates to the exercise of statutory powers between the passing and the commencement of an Act).

281 Citations and extent.

1

This Act may be cited as the Town and Country Planning (Scotland) Act 1972.

2

The M105Town and Country Planning (Amendment) Act 1972 and this Act may be cited together as the Town and Country Planning (Scotland) Acts 1972.

3

This Act, except so far as it provides for Joint Planning Inquiry Commissions. . . F732, extends to Scotland only.