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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997). Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations.![]()
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Part III General Planning Control
Meaning of development and requirement of planning permission
Determination by. . . planning authorities of applications for planning permission
26A. Power of planning authority to decline to determine applications.
27A. Aftercare conditions on permission for winning and working of minerals.
28. Directions, etc. as to method of dealing with applications.
28A. Permission to develop land without compliance with conditions previously attached.
31. Information regarding, and registers of, applications and decisions.
31A. Power of planning authorities to vary planning permission.
Secretary of State’s powers in relation to planning applications and decisions
Reference of certain matters to Planning Inquiry Commission or independent tribunal
49. Orders requiring discontinuance of use or alteration or removal of buildings or works.
49A. Prohibition of resumption of winning and working of minerals.
49B.Orders after suspension of winning and working of minerals.
49C.Confirmation and coming into operation of suspension orders.
49F.Resumption of winning and working of minerals after suspension order.
49G.Powers of regional planning authorities regarding orders under sections 49A or 49B.
Part IV Additional Control in Special Cases
Buildings of special architectural or historic interest
52. Lists of buildings of special architectural or historic interest.
53. Control of works for demolition, alteration or extension of listed buildings
55. Acts causing or likely to result in damage to listed buildings.
56. Building preservation notice in respect of building not listed.
56AA. Power to restrict exemption of certain ecclesiastical buildings.
56E. Determination of applications for hazardous substances consent.
56F. References to regional planning authority and Secretary of State and appeals.
56G. Deemed hazardous substances consent by virtue of authorisation of government department.
56H. Grants of hazardous substances consent without compliance with conditions previously attached.
56K. Provisions as to effect of hazardous substances consent and change of control of land.
Part V Enforcement of Control under Parts III and IV
94.Offence where listed building enforcement notice not complied with.
95. Execution and cost of works required by listed building enforcement notice.
95A. Effect of listed building consent on listed building enforcement
96. Enforcement by, or by direction of, the Secretary of State.
97AB.Further provision as to rights of entry in relation to listed buildings.
97AC.Rights of entry in relation to listed buildings: supplementary provisions.
97B.Power to issue hazardous substances contravention notice.
97BA.Variation of hazardous substances contravention notices.
97BB.Further provision as to rights of entry in relation to hazardous substances control.
97BC.Rights of entry in relation to hazardous substances control: supplementary provisions.
Part VI Acquisition and Appropriation of Land and Related Provisions
Acquisition and appropriation of land
102. Compulsory acquisition of land in connection with development and for other planning purposes.
103. Compulsory acquisition of land by Secretary of State for the Environment.
104. Compulsory acquisition of listed building in need of repair.
105. Repairs notice as preliminary to compulsory acquisition under s. 104.
106. Compensation on compulsory acquisition of listed building.
107. Minimum compensation in case of listed building deliberately left derelict.
108. Extinguishment of rights over land compulsorily acquired.
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Powers exercisable in relation to land held for planning purposes, and other related powers
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115. Special provisions as to features and buildings of architectural and historic interest.
116. Management etc. of listed buildings acquired by. . . planning authority or Secretary of State.
120. Displacement of persons from land acquired or appropriated.
Part VII Compensation for Planning Decisions Restricting New Development
Unexpended balance of established development value
124. Derivation of unexpended balance from claims under part V of act of 1947.
125. Original unexpended balance of established development value.
128. General provisions for continuance of unexpended balance.
129. Reduction or extinguishment consequence of compensation.
130. Reduction or extinguishment of balance on initiation of new development.
131. Reduction or extinguishment of balance on acquisition of land under compulsory powers.
132. Reduction or extinguishment of balance in consequence of severance or injurious affection.
133. Supplementary provisions as to deductions from original balance.
134. Provision of information relating to unexpected balance.
Part VIII Compensation for Other Planning Restrictions
Revocation or modification of planning permission
153. Compensation where planning permission revoked or modified.
153A. Compensation for certain orders under s. 42 relating to mineral working to be on special basis.
154. Application of s. 153 to special cases of refusal or conditional grant of planning permission.
155. Recording and apportionment of compensation for depreciation.
156. Contribution by Secretary of State towards compensation in certain cases.
156B.Amount recoverable, and provisions for payment or remission thereof.
157. Recovery, on subsequent development, of compensation under s. 153.
158. Compensation for planning decisions restricting development other than new development.
159A. Compensation in respect of orders under s. 49A and suspension orders.
160. Compensation for refusal of consent to alteration, etc. of listed building.
161. Compensation where listed building consent revoked or modified.
162. Compensation for loss or damage caused by service of building preservation notice.
164. Compensation in respect of requirement as to replanting of trees.
167. General provisions as to compensation for depreciation under Part VIII.
167A.Regulations as to compensation in respect of orders relating to mineral working.
167B. Orders relating to mineral working— meaning of “special consultations”.
167C. Orders relating to mineral working— meaning of “restriction on the winning and working of minerals” and “relevant order”.
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.
170. Action by. . . planning authority on whom purchase notice is served.
171. Procedure on reference of purchase notice to Secretary of State.
172. Action by Secretary of State in relation to purchase notice.
173. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175. Effect of Secretary of State’s action in relation to purchase notice.
176. Special provisions as to compensation where purchase notice served.
177. Purchase notice in respect of order revoking or modifying planning permission.
178. Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.
179. Purchase notice on refusal or conditional grant of listed building consent.
Interests of owner-occupiers affected by planning proposals
186. Compensation for compulsory purchase of historic buildings and of land in clearance areas.
188. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
191. Saving for claimant’s right to sell whole hereditament, etc.
192. Meaning of “owner-occupier” and “resident owner-occupier”.
194.“Appropriate authority” for purposes of these provisions.
195.“Appropriate enactment” for purposes of these provisions.
Stopping up and diversion of highways
198. Highways affected by development: orders by Secretary of State.
198A. Highways affected by development: orders by planning authorities.
199. Footpaths and bridleways affected by development: orders by local planning authorities.
200.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
214. Applications for planning permission by statutory undertakers.
215. Development requiring sanction of government department.
216. Revocation or modification of permission to develop operational land.
217. Order requiring discontinuance of use etc. of operational land.
219. Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers.
221. Notice for same purposes as s. 219 but given by statutory undertakers to developing authority.
222. Extension or modification of functions of statutory undertakers.
224. Relief of statutory undertakers from obligations rendered impracticable.
Part XII Validity of Planning Instruments and Decisions and Proceedings Relating Thereto
231. Validity of development plans and certain orders, decisions and directions.
232. Proceedings for questioning validity of structure plans, etc.
233. Proceedings for questioning validity of other orders, decisions and directions.
234. Appeals to Court of Session against decisions under s. 51.
235. Special provisions as to decisions relating to statutory undertakers.
236. Special provisions as to orders subject to special parliamentary procedure.
Part XIV Application of Act to Special Cases
256. Application to. . . planning authorities of provisions as to planning control and enforcement.
257. Application to. . . planning authorities of provisions as to listed buildings.
257A. Application to planning authorities of provisions as to hazardous substances control.
258. Special provisions as to statutory undertakers who are. . . planning authorities.
Part XV Miscellaneous and Supplementary Provisions
Interdicts restraining breaches of planning control
261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
262B. [Formulation and publication of proposals for preservation and enhancement of conservation areas.
263. Assumptions as to planning permission in determining value of interests in land.
264. Recovery, on subsequent development, of payments in respect of war-damaged land.
267A. Orders as to expenses of parties where no local inquiry held.
268. Inquiries under Private Legislation Procedure (Scotland) Act 1936.
SCHEDULES
Development Plans: Transition from Schedule 3 to Part II of this Act
Development not Constituting New Development
Part I Development not Ranking for Compensation under s. 158
Part II Development Ranking for Compensation under s. 158
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Determination of Certain Appeals by Person Appointed by Secretary of State
Construction of References in Sections 45 and 46 to “The Responsible Minister or Ministers”
Joint Planning Inquiry Commissions
Control of Works for Demolition, Alteration or Extension of Listed Buildings
Registration of old mining permissions
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Part II Adjustment by Reference to Payments in Respect of War-Damaged Land
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Condition Treated as Applicable to Rebuilding and Alterations
Proceedings on Listed Building Purchase Notice
Action by planning authority on whom listed building purchase notice is served
Action by Secretary of State in relation to listed building purchase notice
Effect of Secretary of State’s action in relation to listed building purchase notice
Special provision as to compensation where listed building purchase notice served
Procedure in connection with Orders relating to Footpaths and Bridleways
Sections 1 and 2.
Section 19.
Section 20 except subsection (7).
Section 21 except subsection (6).
Section 22.
Section 26(1).
Section 26A
Section 27.
Section 28(1).
Sections 29 and 30.
Section 31(2) and (4).
Section 32 with the omission in subsection (4) of the...
Section 33(1) to (6) with the omission in subsection (5)...
Section 34.
Section 37.
Section 42.
Section 49 to 50.
Section 52 except subsections (6), (8) and (9).
Section 58.
Sections 61 to 63A.
Section 86.
Sections 88 to 89.
Section 90A.
Sections 91A to 91C.
Section 98.
Sections 99A to 99C
Sections 100 and 101.
Sections 108 to 115.
Sections 117 to 122.
Section 153.
Section 154 with the omission in subsection (2) of the...
. . .
Section 159.
Section 163.
Section 165.
Sections 167 and 168.
Section 169(1) to (4).
Sections 170 to 172.
Sections 175 to 178.
Section 180(1).
Section 198.
Section 203 except subsection (1)(b).
Section 204.
Sections 207 and 208.
Section 209.
Section 211.
Sections 213 to 220.
Sections 222 to 225.
Section 226 except subsection (3).
Section 227 except subsections (4) and (6)(b).
Sections 228 to 230.
Section 231(1) except paragraphs (d) and (e).
Section 232.
Section 236 with the omission in subsection (2) of the...
Sections 241 and 242.
Section 250.
Sections 251 and 252.
Section 253(1) (the reference, in paragraph (b), to Part III...
Section 254.
Section 256.
Section 258.
Section 260.
Section 265 except subsections (4) and (5).
Section 266.
Section 270.
Schedules 1 and 2.
Schedule 6.
Schedule 20.
Schedule 22, paragraphs 27 to 32, 38, 40 and 74...
Any other provisions of this Act in so far as...
Section 3.
Sections 4 to 18.
Sections 23(2) to (6) except subsection (2)(a) and the reference...
Section 25(2)(b) and (3).
Section 26(4).
Section 28(2) and (3).
Section 31(3).
Section 33(7) to (8).
Sections 38 to 41.
Sections 43 to 47.
Section 52(8) and (9).
Sections 53 and 54.
Section 56.
Sections 83A to 83D.
Sections and 85.
Section 87.
Section 87AA.
Sections 90 to 96.
Section 99(4).
Sections 102 to 107.
Sections 160 to 162.
Section 166.
Section 169(5) and (6).
Section 173.
Section 179.
Section 186.
Sections 190 and 191.
Sections 199 to 202.
Section 203(1)(b).
Sections 205 and 206
Section 210.
Section 212.
Section 221.
Section 226(3).
Section 227(4) and (6)(b).
Section 240.
Section 243.
Section 257.
Section 271.
Schedules 5, 7, 8, 9, 10, 12, 17 and 18...
Any other provisions of this Act in so far as...
Sections 19 to 22.
Section 26(1), (5) and (6).
Section 27.
Section 28(1).
Sections 29 and 30.
Section 31 except subsection (3).
Sections 32 to 34.
Section 37.
Section 42.
Sections 48 to 51.
Section 52 except subsections (2) and (7) to (9).
Section 58.
Sections 61 to 63A.
Sections 83A to 83D.
Sections 84 to 91.
Section 98.
Sections 100 and 101.
Section 166.
Section 25(2)(b) and (3).
Section 26(4).
Section 28(2) and (3).
Section 52(2) and (7) to (9).
Section 53.
Section 54.
Section 56.
Sections 92 to 96.
Sections 104 to 107.
Sections 160 to 162.
Section 169(5) and (6).
Section 179.
Sections 231 and 233
Schedules 10 and 17.
Part I The Land Compensation (Scotland) Act 1963 (c. 51)
In the Land Compensation (Scotland) Act 1963 any reference to...
In section 28(6) (inserted by the Land Commission Act 1967),...
In Schedule 2, in paragraph (viii) (inserted by the Land...
The Building Restrictions (War-Time Contraventions) Act 1946 (c. 35)
In section 8(5), in paragraph (c), after the word “1947”...
The Town and Country Planning (Scotland) Act 1947 (c. 53)
In section 44(1), for the words “this Part of this...
The Town and Country Planning (Scotland) Act 1959 (c. 70)
For section 27(5)(b) there shall be substituted the following paragraph:—...
In Schedule 4, in paragraph 2, for the words “the...
The Housing (Scotland) Act 1966 (c. 49)
In section 18, in subsection (1), for paragraphs (a) and...
and in subsection (2), for paragraphs (a) and (b) there...
The Local Government (Scotland) Act 1966 (c. 51)
In section 9(5), for the words “the Town and Country...
In section 10(4), for the words “the Town and Country...
. . .
In section 41, for the words “the Town and Country...
The Land Commission Act 1967 (c. 1)
In section 15, for the words set out in the...
In section 58(3), for the words “section 113(1) of the...
In section 89(6)(b), for the words “section 113(1) of the...
The Agriculture Act 1967 (c. 22)
In section 50(3)(b), for the words “section 113(1) of the...
In section 52(2)(g), for the words “the Town and Country...
The Civic Amenities Act 1967 (c. 69)
In section 30(1), for the words “ “the Scottish Planning...
The Public Expenditure and Receipts Act 1968 (c. 14)
In Schedule 3, for paragraph 7(a) there shall be substituted:—...
The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
In section 14(2), for the words “sections 34, 35 or...
The Post Office Act 1969 (c. 48)
In section 58, for the words set out in the...
Transitional Provisions and Savings
Part IV General Planning Control
Review of planning decisions and orders under Part V of Act of 1954
Part V Additional Control in Special Circumstances
Part VI Enforcement of Control
Enforcement notices under enactments in force before 8th December 1969
Enforcement notices served by virtue of section 72 of Act of 1947
Part IX Compensation Under Part VIII of this Act
Part II Supplementary Provisions
16.The provisions contained in this Part of this Schedule shall...
20.(1) If a general vesting declaration under this Act comprises...
23.If the acquiring authority do not take action in accordance...
25.Where an acquiring authority take action in accordance with sub-paragraph...
26.Where in accordance with paragraph 22(c) above an acquiring authority...
29.(1) Where in accordance with paragraph 20(1) above a person...
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