Search Legislation

Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Administration

    1. 1.Local planning authorities

    2. 2.Joint advisory committees and sub-committees

    3. 3.Delegation of functions to officers of local authorities

  3. Part II Development Plans

    1. Survey and structure plan

      1. 4.Survey of planning districts

      2. 5.Preparation of structure plans

      3. 6.Publicity in connection with preparation of structure plans

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

      5. 8.Alteration of structure plans

    2. Local plans

      1. 9.Preparation of local plans

      2. 10.Publicity in connection with preparation of local plans

      3. 11.Inquiries, etc. with respect to local plans

      4. 12.Adoption and approval of local plans

      5. 13.Alteration of local plans

    3. Supplementary provisions

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

      2. 15.Default powers of Secretary of State

      3. 16.Supplementary provisions as to structure and local plans

      4. 17.Meaning of "development plan "

      5. 18.Commencement of Part II and interim provisions

  4. Part III General Planning Control

    1. Meaning of development and requirement of planning permission

      1. 19.Meaning of " development" and "new development"

      2. 20.Development requiring planning permission

    2. Development orders

      1. 21.Development orders

    3. Applications for planning permission

      1. 22.Form and content of applications

      2. 23.Publication of notices of applications

      3. 24.Notification of applications to owners and agricultural tenants

      4. 25.Publicity for applications affecting conservation areas

    4. Determination by local planning authorities of applications for planning permission

      1. 26.Determination of applications

      2. 27.Conditional grant of planning permission

      3. 28.Directions etc. as to method of dealing with applications

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

      5. 30.Provisions as to effect of planning permission

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

    5. Secretary of State's powers in relation to planning applications and decisions

      1. 32.Reference of applications to Secretary of State

      2. 33.Appeals against planning decisions

      3. 34.Appeal in default of planning decision

      4. 35.Review of planning decisions where compensation claimed

      5. 36.Provisions supplementary to s. 35

    6. Deemed planning permission

      1. 37.Development by local authorities and statutory undertakers with sanction of government department

    7. Duration of planning permission

      1. 38.Limit of duration of planning permission

      2. 39.Outline planning permission

      3. 40.Provisions supplementary to ss. 38 and 39

      4. 41.Termination of planning permission by reference to time limit

    8. Revocation or modification of planning permission

      1. 42.Power to revoke or modify planning permission

      2. 43.Unopposed revocation or modification

    9. Reference of certain matters to Planning Inquiry Commission or independent tribunal

      1. 44.Constitution of Planning Inquiry Commission

      2. 45.References to a Planning Inquiry Commission

      3. 46.Procedure on reference to a Planning Inquiry Commission

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

      5. 48.Appeal to independent tribunal

    10. Additional powers of control

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

      2. 50.Agreements regulating development or use of land

    11. Determination whether planning permission required

      1. 51.Applications to determine whether planning permission required

  5. Part IV Additional Control in Special Cases

    1. Buildings of special architectural or historic interest

      1. 52.List of buildings of special architectural or historic interest

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

      3. 54.Provisions supplementary to s. 53

      4. 55.Acts causing or likely to result in damage to listed buildings

      5. 56.Building preservation notice in respect of building not listed

    2. Trees

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

      2. 58.Tree preservation orders

      3. 59.Provisional tree preservation orders

      4. 60.Replacement of trees

    3. Advertisements

      1. 61.Control of advertisements

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

    4. Waste land

      1. 63.Proper maintenance of waste land

    5. Industrial development

      1. 64.Meaning of " industrial building "

      2. 65.Industrial development certificates

      3. 66.Exemption of certain classes of development

      4. 67.Power to vary exemption limit as to industrial floor space

      5. 68.Restrictions or conditions attached to certificates

      6. 69.Provisions as to conditions imposed under s. 68

      7. 70.Provision for cases where certificate withheld

    6. Office development

      1. 71.Meaning of " office premises "

      2. 72.Office development permits

      3. 73.Exemption by reference to office floor space

      4. 74.Mixed industrial and office development

      5. 75.Restrictions or conditions attached to office development permits

      6. 76.Planning permission for erection of building where no office development permit required

      7. 77.Planning permission for alteration or extension of building where no office development permit required

      8. 78.Planning permission for erection of two or more buildings where no office development permit required

      9. 79.Provisions supplementary to ss. 76 to 78

      10. 80.Provisions as to conditions imposed or implied in pursuance of these provisions

      11. 81.Annual report

      12. 82.Interpretation of these provisions

      13. 83.Temporary operation of these provisions

  6. Part V Enforcement of Control under Parts III and IV

    1. Development requiring planning permission

      1. 84.Power to serve enforcement notice

      2. 85.Appeal against enforcement notice

      3. 86.Penalties for non-compliance with enforcement notice

      4. 87.Power to stop further development pending proceedings on enforcement notice

      5. 88.Execution and cost of works required by enforcement notice

      6. 89.Enforcement notice to have effect against subsequent development

      7. 90.Certification of established use

      8. 91.Grant of certificate by Secretary of State on referred application or appeal against refusal

    2. Listed buildings

      1. 92.Power to serve listed building enforcement notice

      2. 93.Appeal against listed building enforcement notice

      3. 94.Penalties for non-compliance with listed building enforcement notice

      4. 95.Execution and cost of works required by listed building enforcement notice

      5. 96.Enforcement by, or by direction of, the Secretary of State

      6. 97.Works for preservation of unoccupied listed building in cases of urgency

    3. Trees

      1. 98.Penalties for non-compliance with tree preservation order

      2. 99.Enforcement of duties as to replacement of trees

    4. Other controls

      1. 100.Enforcement of orders under s. 49

      2. 101.Enforcement of control as to advertisements

  7. Part VI Acquisition and Appropriation of Land and Related Provisions

    1. Acquisition and appropriation of land

      1. 102.Compulsory acquisition of land in connection with development and for other planning purposes

      2. 103.Compulsory acquisition of land by Secretary of State for the Environment

      3. 104.Compulsory acquisition of listed building in need of repair

      4. 105.Repairs notice as preliminary to compulsory acquisition under s. 104

      5. 106.Compensation on compulsory acquisition of listed building

      6. 107.Minimum compensation in case of listed building deliberately left derelict

      7. 108.Extinguishment of rights over land compulsorily acquired

      8. 109.Acquisition of land by agreement

      9. 110.Acquisition of land for purposes of exchange

      10. 111.Appropriation of land forming part of common or open space

    2. Powers exercisable in relation to land held for planning purposes, and other related powers

      1. 112.Appropriation of land held for planning purposes

      2. 113.Disposal of land held for planning purposes

      3. 114.Development of land held for planning purposes

      4. 115.Special provisions as to features and buildings of architectural and historic interest

      5. 116.Management etc. of listed buildings acquired by local planning authority or Secretary of State

      6. 117.Power to override servitudes and other rights

      7. 118.Provisions as to churches and burial grounds

      8. 119.Use and development of land for open spaces

      9. 120.Displacement of persons from land acquired or appropriated

    3. Supplementary provisions

      1. 121.Modification of incorporated enactments for purposes of Part VI

      2. 122.Interpretation of Part VI

  8. Part VII Compensation for Planning Decisions Restricting New Development

    1. Unexpended balance of established development value

      1. 123.Scope of Part VII

      2. 124.Derivation of unexpended balance from claims under Part V of Act of 1947

      3. 125.Original unexpended balance of established development value

      4. 126.Claim holdings, their areas and values

      5. 127.Adjustment of claim holdings

      6. 128.General provision for continuance of original unexpended balance

      7. 129.Reduction or extinguishment of balance in consequence of compensation

      8. 130.Reduction or extinguishment of balance on initiation of new development

      9. 131.Reduction or extinguishment of balance on acquisition of land under compulsory powers

      10. 132.Reduction or extinguishment of balance in consequence of severance or injurious affection

      11. 133.Supplementary provisions as to deductions from original balance

      12. 134.Provision of information relating to unexpended balance

    2. Right to compensation

      1. 135.General provision as to right to compensation

      2. 136.Planning decisions not ranking for compensation

      3. 137.No compensation if certain other development permitted

      4. 138.Further exclusions from compensation

      5. 139.Grant of planning permission treated as subject to notional condition

      6. 140.Notice under s. 70 treated as planning decision

    3. Measure of compensation

      1. 141.General provisions as to amount of compensation

      2. 142.Assessment of depreciation

    4. Claims for, and payment of, compensation

      1. 143.General provisions as to claims for compensation

      2. 144.Effect on claims of direction under s. 35

      3. 145.Determination of claims

      4. 146.Payment of compensation

    5. Subsequent recovery of compensation

      1. 147.Apportionment of, and recording of notice relating to, compensation

      2. 148.Recovery of compensation on subsequent development

      3. 149.Amount recoverable, and provisions for payment or remission thereof

      4. 150.Amount recovered not to be deducted from unexpended balance

    6. Supplementary provisions

      1. 151.Provision for diversion of payments

      2. 152.Calculation of value

  9. Part VIII Compensation for Other Planning Restrictions

    1. Revocation or modification of planning permission

      1. 153.Compensation where planning permission revoked or modified

      2. 154.Application of s. 153 to special cases of refusal or conditional grant of planning permission

      3. 155.Recording and apportionment of compensation for depreciation

      4. 156.Contribution by Secretary of State towards compensation in certain cases

      5. 157.Recovery, on subsequent development, of compensation under s. 153

    2. Other restrictions

      1. 158.Compensation for planning decisions restricting development other than new development

      2. 159.Compensation in respect of orders under s. 49

      3. 160.Compensation for refusal of consent to alteration, etc. of listed building

      4. 161.Compensation where listed building consent revoked or modified

      5. 162.Compensation for loss or damage caused by service of building preservation notice

      6. 163.Compensation in respect of tree preservation orders

      7. 164.Compensation in respect of requirement as to replanting of trees

      8. 165.Compensation for restrictions on advertising

      9. 166.Compensation for loss due to stop notice

    3. Supplementary provisions

      1. 167.General provisions as to compensation for depreciation under Part VIII

      2. 168.Determination of claims for compensation

  10. Part IX Provisions Enabling Owner or Lessee to Require Purchase of his Interest

    1. Interests affected by planning decisions or orders

      1. 169.Purchase notice on refusal or conditional grant of planning permission

      2. 170.Action by local planning authority on whom purchase notice is served

      3. 171.Procedure on reference of purchase notice to Secretary of State

      4. 172.Action by Secretary of State in relation to purchase notice

      5. 173.Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission

      6. 174.Power to refuse to confirm purchase notice in respect of office premises

      7. 175.Effect of Secretary of State's action in relation to purchase notice

      8. 176.Special provisions as to compensation where purchase notice served

      9. 177.Purchase notice in respect of order revoking or modifying planning permission

      10. 179.Purchase notice on refusal or conditional grant of listed building consent

      11. 180.Purchase notices in other cases

    2. Interests of owner-occupiers affected by planning proposals

      1. 181.Scope of these provisions

      2. 182.Power to serve blight notice

      3. 183.Objection to blight notice

      4. 184.Reference of objection to Lands Tribunal

      5. 185.Effect of valid blight notice

      6. 186.Compensation for compulsory purchase of historic buildings and of land in clearance areas

      7. 187.Withdrawal of blight notice

      8. 188.Effect on powers of compulsory acquisition of counternotice disclaiming intention to acquire

      9. 189.Death of claimant after service of blight notice

      10. 190.Power of heritable creditor to serve blight notice

      11. 191.Saving for claimant's right to sell whole hereditament, etc.

      12. 192.Meaning of " owner-occupier" and " resident owneroccupier "

      13. 193.Special provisions as to partnerships

      14. 194." Appropriate authority " for purposes of these provisions

      15. 195." Appropriate enactment " for purposes of these provisions

      16. 196.General interpretation of these provisions

    3. Supplementary provisions

      1. 197.No withdrawal of constructive notice to treat

  11. Part X Highways

    1. Stopping up and diversion of highways

      1. 198.Highways affected by development: orders by Secretary of State

      2. 199.Footpaths and bridleways affected by development: orders by local planning authorities

      3. 200.Highways crossing or entering route of proposed new highway, etc.

    2. Conversion of highway into footpath or bridleway

      1. 201.Order extinguishing right to use vehicles on highway

      2. 202.Provision of amenity for highway reserved to pedestrians

    3. Extinguishment of rights of way

      1. 203.Extinguishment of public rights of way over land held for planning purposes

    4. Procedure for making and confirming orders

      1. 204.Procedure for making of orders by Secretary of State

      2. 205.Procedure in anticipation of planning permission, etc.

      3. 206.Confirmation of orders made by other authorities

    5. Supplementary provisions

      1. 207.Compulsory acquisition of land in connection with highways

      2. 208.Concurrent proceedings in connection with highways

      3. 209.Provisions as to telegraphic lines

      4. 210.Application of s. 32 of Mineral Workings Act 1951 to orders under Part X

  12. Part XI Statutory Undertakers

    1. Preliminary

      1. 211.Meaning of " operational land "

      2. 212.Cases in which land is to be treated as not being operational land

      3. 213.Meaning of " the appropriate Minister "

    2. General provisions

      1. 214.Applications for planning permission by statutory undertakers

      2. 215.Development requiring sanction of government department

      3. 216.Revocation or modification of permission to develop operational land

      4. 217.Order requiring discontinuance of use etc. of operational land

      5. 218.Acquisition of land of statutory undertakers

      6. 219.Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers

      7. 220.Orders under s. 219

      8. 221.Notice for same purposes as s. 219 but given by statutory undertakers to developing authority

      9. 222.Extension or modification of functions of statutory undertakers

      10. 223.Procedure in relation to orders under s. 222

      11. 224.Relief of statutory undertakers from obligations rendered impracticable

      12. 225.Objections to orders under ss. 222 and 224

    3. Compensation

      1. 226.Right to compensation in respect of certain decisions and orders

      2. 227.Measure of compensation to statutory undertakers

      3. 228.Exclusion of s. 227 at option of statutory undertakers

      4. 229.Procedure for assessing compensation where s. 227 applies

    4. Supplementary provisions

      1. 230.Special provisions as to display of advertisements on operational land

  13. Part XII Validity of Planning Instruments and Decisions and Proceedings Relating Thereto

    1. 231.Validity of development plans and certain orders, decisions and directions

    2. 232.Proceedings for questioning validity of structure plans, etc.

    3. 233.Proceedings for questioning validity of other orders, decisions and directions

    4. 234.Appeals to Court of Session against decisions under s. 51

    5. 235.Special provisions as to decisions relating to statutory undertakers

    6. 236.Special provisions as to orders subject to special parliamentary procedure

  14. Part XIII Financial Provisions

    1. Grants for development, etc.

      1. 237.Grants for development, etc.

      2. 238.Maximum amount of grants under s. 237

      3. 239.Supplementary provisions as to grants under s. 237

    2. Grants for research and education

      1. 240.Grants for research and education

    3. Contributions to certain expenditure

      1. 241.Contributions by Ministers towards compensation paid by local authorities

      2. 242.Contributions by local authorities and statutory undertakers

      3. 243.Assistance for acquisition of property where objection made to blight notice in certain cases

    4. Recovery of compensation etc.

      1. 244.Recovery from acquiring authorities of sums paid by way of compensation

      2. 245.Recovery from acquiring authorities of sums paid in respect of war-damaged land

      3. 246.Sums recoverable from acquiring authorities reckonable for purposes of grant

    5. Expenses and receipts of Secretary of State

      1. 247.Expenses of government departments

      2. 248.Payments under s. 56 of Act of 1947 and Parts I and V of Act of 1954

      3. 249.General provision as to receipts of Secretary of State

    6. Expenses of local authorities

      1. 250.Expenses of, and borrowing by, local authorities

  15. Part XIV Application of Act to Special Cases

    1. Minerals

      1. 251.Power to modify Act in relation to minerals

      2. 252.Modification of Mines (Working Facilities and Support) Act 1966

    2. Crown land

      1. 253.Exercise of powers in relation to Crown land

      2. 254.Agreements relating to Crown land

      3. 255.Supplementary provisions as to Crown interest

    3. Local planning authorities

      1. 256.Application to local planning authorities of provisions as to planning control and enforcement

      2. 257.Application to local planning authorities of provisions as to listed buildings

      3. 258.Special provisions as to statutory undertakers who are local planning authorities

    4. Special case

      1. 259.National Coal Board

  16. Part XV Miscellaneous and Supplementary Provisions

    1. 260.Default powers of Secretary of State

    2. 261.Power to transfer planning functions of town councils of small burghs to county councils

    3. 262.Designation of conservation areas

    4. 263.Assumptions as to planning permission in determining value of interests in land

    5. 264.Recovery, on subsequent development, of payments in respect of war-damaged land

    6. 265.Rights of entry

    7. 266.Supplementary provisions as to rights of entry

    8. 267.Local inquiries

    9. 268.Inquiries under Private Legislation Procedure (Scotland) Act 1936

    10. 269.Service of notices

    11. 270.Power to require information as to interests in land

    12. 271.Offences by corporations

    13. 272.Combined applications

    14. 273.Regulations and orders

    15. 274.Act not excluded by special enactments

    16. 275.Interpretation

    17. 276.Consequential amendments

    18. 277.Transitional provisions, savings and repeals

    19. 278.General vesting declarations

    20. 279.Commencement of certain provisions

    21. 280.Commencement

    22. 281.Citations and extent

  17. Schedules

    1. Schedule 1

      Combination of Authorities

      1. Part I

        1. Voluntary Combination

          1. 1.An agreement entered into under section 1(2) of this Act...

          2. 2.The expenses of the joint planning committee shall be defrayed...

          3. 3.The Secretary of State may, on the application of the...

          4. 4.The Secretary of State may by order constitute the joint...

          5. 5.The Secretary of State may, if it appears to him...

      2. Part II

        1. Combination by Order

          1. 1.An order made under section 1(3) of this Act shall...

          2. 2.An order made under the said section 1(3)—

          3. 3.The Secretary of State may, if it appears to him...

    2. Schedule 2

      Joint Advisory Committees and Sub-Committees

      1. Part I

        1. Joint Advisory Committees

          1. 1.Any two or more local planning authorities may, with the...

          2. 2.If it appears to the Secretary of State to be...

          3. 3.Any power conferred by this Part of this Schedule to...

      2. Part II

        1. Sub-Committees

          1. 1.Any committee established by a local planning authority for the...

          2. 2.The power conferred by the last foregoing paragraph to establish...

          3. 3.The provisions of this Part of this Schedule shall, with...

    3. Schedule 3

      Development Plans : Provisions in Force until Superseded by Part II of this Act

      1. Surveys of planning districts and preparation of development plans

        1. 1.(1) Any local planning authority who have not submitted to...

      2. Approval of development plans

        1. 2.The Secretary of State may approve any development plan submitted...

      3. Amendment of development plans

        1. 3.(1) At least once in every five years after the...

      4. Additional powers of Secretary of State with respect to development plans

        1. 4.(1) Where, by virtue of any of the foregoing provisions...

      5. Incorporation in development plans of orders and schemes relating to roads and new towns

        1. 5.(1) Where the Secretary of State— (a) makes an order...

      6. Supplementary provisions as to development plans

        1. 6.(1) A local planning authority, before preparing a development plan...

      7. Publication and date of operation of development plans

        1. 7.(1) Immediately after a development plan has been approved or...

    4. Schedule 4

      Development Plans : Modifications of this Act Pending Repeal of Schedule 3

      1. 1.In section 136(4) for the words "structure plan or local...

      2. 2.For section 231(1)(a) there shall be substituted:—

      3. 3.For subsections (1) and (2) of section 232 there shall...

      4. 4.In section 242(2)(a) for the words "a structure plan or...

      5. 5.For section 253(1)(a) there shall be substituted:—

      6. 6.After section 264 there shall be inserted the following setion...

      7. 7.For section 265(1)(a) there shall be substituted:—

      8. 8.In section 275(1), for the definition of "development plan" there...

      9. 9.In Schedule 2, in paragraph 1 of Part I, for...

      10. 10.In Part I of Schedule 19 after the words "Schedules...

    5. Schedule 5

      Development Plans : Transition from Schedule 3 to Part II of this Act

      1. 1.Until the repeal of Schedule 3 to this Act as...

      2. 2.On the repeal of the said Schedule as respects any...

      3. 3.Subject to the following provisions of this Schedule, where by...

      4. 4.Where a structure plan is in force in any area,...

      5. 5.Where a structure plan is in force in any area,...

      6. 6.Subject to paragraph 7 of this Schedule, the Secretary of...

      7. 7.Before making an order with respect to a development plan...

      8. 8.Any reference in paragraphs 1 and 2 of this Schedule...

      9. 9.In relation to any development plan continued in force by...

    6. Schedule 6

      Development not Constituting New Development

      1. Part I Development not Ranking for Compensation under s 158

        1. 1.The carrying out of any of the following works, that...

        2. 2.The use as two or more separate dwellinghouses of any...

      2. Part II Development Ranking for Compensation under s. 158

        1. 3.The enlargement, improvement or other alteration, as often as the...

        2. 4.The carrying out, on land which was used for the...

        3. 5.The winning and working, on land held or occupied with...

        4. 6.The winning and working of peat by any person for...

        5. 7.In the case of a building or other land which,...

        6. 8.In the case of any building or other land which,...

        7. 9.The deposit of waste materials or refuse in connection with...

      3. Part III Supplementary Provisions

        1. 10.Any reference in this Schedule to the cubic content of...

        2. 11.Where, after the appointed day, any buildings or works have...

        3. 12.For the purposes of paragraph 3 of this Schedule—

        4. 13.In this Schedule " at a material date " means...

        5. 14.(1) In relation to a building erected after the appointed...

    7. Schedule 7

      Determination of Certain Appeals by Person Appointed by Secretary of State

      1. Determination of appeals by appointed person

        1. 1.(1) An appeal to which this Schedule applies, being an...

      2. Powers and duties of person determining appeal

        1. 2.(1) A person appointed under this Schedule to determine an...

      3. Determination of appeals by Secretary of State

        1. 3.(1) The Secretary oi' State may, if he thinks fit,...

      4. Appointment of another person to determine appeal

        1. 4.(1) Where the Secretary of State has appointed a person...

      5. Local inquiries and hearings

        1. 5.(1) A person appointed under this Schedule to determine an...

      6. Stopping of appeals

        1. 6.If before or during the determination of an appeal under...

      7. Supplementary provisions

        1. 7.(1) The Tribunals and Inquiries Act 1971 shall apply to...

    8. Schedule 8

      Construction of References in Sections 45 and 46 to " The Responsible Minister or Ministers "

      1. 1.In relation to matters specified in the first column of...

      2. 2.Where an entry in the second column of the Table...

    9. Schedule 9

      Joint Planning Inquiry Commissions

      1. Interpretation

        1. 1.In relation to matters specified in the first column of...

        2. 2.In this Schedule— (a) "Act of 1971 " means the...

      2. The reference

        1. 3.Two or more of the matters mentioned in subsection (1)...

        2. 4.Where a referred matter relates to a proposal to carry...

        3. 5.The responsible Ministers shall, on referring a matter to a...

        4. 6.(1) A reference to a commission of a proposal that...

      3. Notice of reference to persons and authorities concerned

        1. 7.(1) Notice of the making of a reference to a...

      4. Proceedings of commission on reference

        1. 8.A commission inquiring into a referred matter shall—

        2. 9.A commission shall afford the following persons an opportunity of...

        3. 10.The provisions of sections 32(5) and 33(4) of this Act...

      5. Local inquiries

        1. 11.A commission shall, for the purpose of complying with paragraph...

        2. 12.Where a commission are to hold a local inquiry in...

        3. 13.For the purposes of the Tribunals and Inquiries Act 1971...

        4. 14.(1) Subsections (4) to (9) of section 267 of this...

      6. Supplementary

        1. 15.(1) A- commission may, with the approval of the Ministers...

        2. 16.Subject to the provisions of this Schedule, and to any...

    10. Schedule 10

      Control of Works for Demolition, Alteration or Extension of Listed Buildings

      1. Part I Applications for Listed Building Consent

        1. Form of application and effect of consent

          1. 1.(1) Provision may be made by regulations under this Act...

          2. 2.(1) Regulations under this Act may provide that an application...

        2. Directions as to manner of dealing with applications

          1. 3.The provisions of section 28(2) and (3) of this Act...

        3. Reference of applications to Secretary of State

          1. 4.(1) The Secretary of State may give directions requiring applications...

          2. 5.(1) Subject to the following provision of this paragraph, a...

          3. 6.(1) The Secretary of State may give directions that, in...

        4. Appeal against decision

          1. 7.(1) Where an application is made to the local planning...

        5. Appeal in default of decision

          1. 8.Where an application is made to the local planning authority...

      2. Part II Revocation of Listed Building Consent

        1. 9.(1) If it appears to the local planning authority, having...

        2. 10.(1) If it appears to the Secretary of State, after...

        3. 11.-;— (1) The following provisions shall have effect where the...

      3. Part III Provisions Applicable on Lapse of Building Preservation Notice

        1. 12.The provisions of this Part of this Schedule apply where...

        2. 13.The fact that the building preservation notice has ceased to...

        3. 14.Any proceedings on or arising out of an application for...

        4. 15.Any listed building enforcement notice served by the local planning...

    11. Schedule 11

      Tree Preservation Orders : Modifications of this Act pending coming into operation of sections 58(5) and 59(1) to (3)

      1. 1.In section 58(4), the words "under subsection (5)(c) of this...

      2. 2.For section 58(5) there shall be subsituted:—

    12. Schedule 12

      Provisions as to Established use Certificates

      1. Application for certificate and appeal against refusal thereof

        1. 1.An application for an established use certificate shall be made...

        2. 2.Provision may be made by a development order for regulating...

        3. 3.(1) A development order may provide that an application for...

      2. Provisions with respect to grant of certificate

        1. 4.An established use certificate shall be in such form as...

        2. 5.Where the Secretary of State or a person appointed by...

        3. 6.In section 31 of this Act references to applications for...

    13. Schedule 13

      Adjustment of Claim Holdings

      1. Part I Adjustment of Claim Holdings assigned to Central Land Board as Security for Development Charges

        1. 1.(1) In this Part of this Schedule references to the...

        2. 2.(1) Where a claim L____ding was assigned to the Central...

        3. 3.Without prejudice to paragraph 2 of this Schedule, where an...

        4. 4.Where an assignation to the Central Land Board comprised only...

        5. 5.(1) The provisions of this paragraph shall have effect in...

      2. Part II Adjustment by Reference to Payments in Respect of War-Damaged Land

        1. 6.(1) The provisions of this Part of this Schedule shall...

        2. 7.If the payment area is identical with the area of...

        3. 8.(1) If the payment area forms part of the area...

        4. 9.If the payment area includes the area of the claim...

        5. 10.If the payment area includes part of the area of...

      3. Part III Adjustment in Cases of Partial Transmission of Claim Holdings

        1. 11.The provisions of this Part of this Schedule shall have...

        2. 12.As from the date of the relevant transmission, each of...

        3. 13.The area and value of any such separate claim holding...

        4. 14.In paragraph 13 of this Schedule the reference to determination...

        5. 15.(1) The said principles are those set out in the...

        6. 16.Paragraph 1 of this Schedule shall apply for the purposes...

      4. Part IV Adjustment in Respect of Payments under Part I of Act of 1954

        1. 17.The provisions of this Pan of this Schedule shall have...

        2. 18.Subject to the following provisions of this Part of this...

        3. 19.Paragraph 18 of this Schedule shall apply where two or...

        4. 20.(1) Where one or more relevant acts or events have...

        5. 21.For the purposes of this Part of this Schedule—

        6. 22.(1) Where in accordance with the preceding provisions of this...

      5. Part V Adjustment in Respect of Compensation under Part V of Act of 1954

        1. 23.Where compensation under Part V of the Act of 1954...

        2. 24.Where compensation became or becomes payable as mentioned in paragraph...

        3. 25.Where, in the case of a claim holding (in this...

      6. Part VI Supplementary Provisions

        1. 26.Where in accordance with any of the provisions of this...

        2. 27.Where in accordance with any of the provisions of this...

        3. 28.Expressions used in this Schedule and in Part VII of...

        4. 29.In this Schedule " the holder ", in relation to...

    14. Schedule 14

      Calculation of Value of Previous Development of Land

      1. 1.Where for the purposes of section 130 of this Act...

      2. 2.Subject to the following provisions of this Schedule, the value...

      3. 3.If the development involved the clearing of any land, the...

      4. 4.(1) If the development was initiated in pursuance of planning...

      5. 5.In the application of the foregoing provisions of this Schedule...

    15. Schedule 15

      Apportionment of Unexpended Balance of Established Development Value

      1. Determination of relevant area

        1. 1.(1) "Where, in the case of a compulsory acquisition to...

      2. Preliminary calculations

        1. 2.In the case of the interest of the lessor under...

      3. Apportionment of unexpended balance between interests

        1. 3.Where two or more interests (other than excepted interests) subsist...

      4. Application of Schedule to past acquisitions

        1. 4.In relation to any compulsory acquisition to which section 131...

      5. Interpretation

        1. 5.In this Schedule— (a) " the relevant land ", in...

    16. Schedule 16

      Condition Treated as Applicable to Rebuilding and Alterations

      1. 1.Where the building to be rebuilt or altered is the...

      2. 2.Where the building to be rebuilt or altered is not...

      3. 3.In determining under this Schedule the purpose for which floor...

      4. 4.For the purposes of this Schedule gross floor space shall...

      5. 5.In relation to a building erected after the appointed day,...

    17. Schedule 17

      Proceedings on Listed Building Purchase Notice

      1. Action by local planning authority on whom listed building purchase notice is served

        1. 1.(1) The local planning authority on whom a listed building...

      2. Action by Secretary of State in relation to listed building purchase notice

        1. 2.(1) Subject to the following provisions of this paragraph, if...

      3. Effect of Secretary of State's action in relation to listed building purchase notice

        1. 3.(1) Where the Secretary of State confirms a listed building...

      4. Special provision as to compensation where listed building purchase notice served

        1. 4.Where in consequence of listed building consent being revoked or...

    18. Schedule 18

      Procedure in connection with Orders relating to Footpaths and Bridleways

      1. Part I Confirmation of Orders

        1. 1.(1) Before an order under section 199 or 203(1)(b) of...

        2. 2.If no representations or objections are duly made, or if...

        3. 3.(1) If any representation or objection duly made is not...

        4. 4.(1) The Secretary of State shall not confirm an order...

        5. 5.Regulations under this Act may, subject to this Part of...

      2. Part II Publicity for Orders after Confirmation

        1. 6.As soon as may be after an order under section...

    19. Schedule 19

      Provisions of this Act referred to in Sections 250, 251, 256, 257 and 259 and Paragraphs 70 and 71 of Schedule 22

      1. Part I Sections 1 and 2

      2. Part II Section 3. Sections 4 to 18

      3. Part III Sections 19 to 22

      4. Part IV Section 25(2)(b) and (3)

    20. Schedule 20

      Enactments Exempted from Section 273(6) of this Act

      1. 1.Section 32(1) of the Public Health (Scotland) Act 1897.

      2. 2.Section 158 of the Burgh Police (Scotland) Act 1892, as...

      3. 3.Section 5 of the Roads Improvement Act 1925, as applied...

      4. 4.Any enactment making such provision as might by virtue of...

      5. 5.Any enactment which has been previously excluded or modified by...

    21. Schedule 21

      Consequential Amendments

      1. Part I

        1. The Land Compensation (Scotland) Act 1963 (c. 51)

      2. Part II

        1. The Finance Act 1931 (c. 28)

        2. The Building Restrictions (War-Time Contraventions) Act 1946 (c. 35)

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

        4. The Civil Aviation Act 1949 (c. 67) In section 30—

          1. a.in subsection (1), for the words from "arbitration" to "...

          2. b.in subsection (2), from the beginning to the words "in...

          3. a.in paragraph 4, for the words from " the First...

          4. b.in paragraph 8, for the words from " the First...

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

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

          2. b.in paragraph (c), for the words " section 28 of...

          3. c.after the words "Act of 1931 " there shall be...

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

        7. The Airports Authority Act 1965 (c. 16)

        8. The Gas Act 1965 (c. 36)

        9. The Building Control Act 1966 (c. 27)

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

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

        12. The Land Commission Act 1967 (c. 1)

        13. The Forestry Act 1967 (c. 10)

        14. The Agriculture Act 1967 (c. 22)

        15. The Civic Amenities Act 1967 (c. 69)

        16. The Public Expenditure and Receipts Act 1968 (c. 14)

        17. The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)

        18. The Town and Country Planning (Scotland) Act 1969 (c. 30)

        19. The Transport Act 1968 (c. 73)

        20. The Post Office Act 1969 (c. 48)

        21. The Civil Aviation Act 1971 (c.75)

        22. The Local Employment Act 1972 (c.5)

        23. The Town and Country Planning (Amendment) Act 1972 (c. )

    22. Schedule 22

      Transitional Provisions and Savings

      1. Part I General Provisions

        1. 1.(1) In so far as anything done under an enactment...

        2. 2.Without prejudice to section 276 of, and Schedule 2: to,...

        3. 3.Where any period of time specified in an enactment repealed...

        4. 4.Without prejudice to paragraph 1 of this Schedule, my reference...

        5. 5.(1) Nothing in this Act shall affect the enactments repealed...

        6. 6.(1) Any reference in this Act to an order or...

      2. Part II Central and Local Administration

        1. Transfer of property and officers to local planning authorities

          1. 7.Nothing in this Act shall affect, or be treated as...

      3. Part III Development Plans

        1. Effect of existing commencement orders

          1. 8.(1) In relation to so much of any order made...

      4. Part IV General Planning Control

        1. Planning permission: general

          1. 9.Subsection (1) of section 20 of this Act applies (subject...

          2. 10.In sections 23 and 24 of this Act references to...

          3. 11.Subsection (2)(b) of section 23, and the other provisions of...

          4. 12.Where by virtue of the proviso to subsection (3) of...

        2. Review of planning decisions and orders under Part V of Act of 1954

          1. 13.For the purposes of paragraph 1 of this Schedule, any...

        3. Duration of planning permission

          1. 14.Sections 38 and 39 of this Act do not apply...

          2. 15.(1) Subject to sub-paragraph (2) of this paragraph, every planning...

          3. 16.(1) Subject to sub-paragraph (2) of this paragraph, where before...

          4. 17.(1) In sections 27(3), 40(1), (5), (6) and (7), 41...

          5. 18.Until the coming into operation of the first regulations to...

      5. Part V Additional Control in Special Circumstances

        1. Buildings of architectural or historic interest

          1. 19.Section 53(1) of this Act does not apply to any...

          2. 20.(1) Where, before 3rd August 1970, consent under a building...

        2. Replacement of trees

          1. 21.Section 57 of this Act does not apply in relation...

        3. Industrial development

          1. 22.(1) So much of sections 64 to 70 of this...

          2. 23.Without prejudice to Part I of this Schedule, any order...

        4. Office development

          1. 24.(1) Sections 72 and 73 of this Act do not...

          2. 25.Without prejudice to Part I of this Schedule, any order...

      6. Part VI Enforcement of Control

        1. Enforcement notices under enactments in force before 8th December 1969

          1. 26.(1) This paragraph applies to any enforcement notice which was...

        2. Enforcement notices served by virtue of section 72 of Act of 1947

          1. 27.(1) This paragraph applies to any enforcement notice served before...

          2. 28.In so far as an enforcement notice could, if this...

          3. 29.(1) Where an enforcement notice served by virtue of paragraph...

          4. 30.(1) The power of a local planning authority under Part...

          5. 31.Where in pursuance of paragraph 76(3) of this Schedule permission...

          6. 32.The repeal by this Act of section 72 of the...

        3. Enforcement of building preservation orders

          1. 33.The repeal by the Act of 1969 of section 27...

        4. Enforcement of duties as to trees

          1. 34.Subsection (3) of section 99 of this Act shall not...

      7. Part VII Acquisition of Land etc.

        1. Consent of Minister to acquisition, appropriation or disposal of land

          1. 35.Nothing in Part I of this Schedule shall be construed...

        2. Existing compulsory purchase orders

          1. 36.(1) Sections 102 and 103 of this Act shall not...

          2. 37.The repeals effected by this Act shall not affect the...

          3. 38.Any compulsory purchase order made or confirmed under Part I...

        3. Application of Part VI to land acquired or authorised to be acquired under previous enactments

          1. 39.The provisions of Part VI of this Act shall have...

          2. 40.For the purposes of Part VI of this Act—

          3. 41.The reference in subsection (1) of section 122 of this...

        4. Provisions as to Central Land Board

          1. 42.Section 117 of this Act shall have effect in relation...

      8. Part VIII Compensation Under Part VII of this Act

        1. Compensation under Part V of Act of 1954

          1. 43.(1) Subject to the following provisions of this paragraph, for...

        2. Provision excluding recovery of compensation

          1. 44.For the purposes of the construction, in accordance with Part...

      9. Part IX Compensation Under Part VIII of this Act

        1. Compensation to statutory undertakers

          1. 45.Subsection (3) of section 154 of this Act shall not...

        2. Contribution by Secretary of State towards compensation

          1. 46.For the purposes of the construction of section 156(1) of...

        3. Recovery of compensation

          1. 47.For the purposes of the construction of section 157(3) of...

      10. Part X Blight Notices

        1. Notices served before 8th December 1969 or 18th May 1970

          1. 48.In relation to a notice served under section 38 of...

        2. Temporary inclusion of additional description of blighted land

          1. 49.(1) For the purposes of the application of sections 181...

      11. Part XI Highways

        1. Provisions as to telegraphic lines

          1. 50.(1) In relation to an order made under section 46...

      12. Part XII Statutory Undertakers

        1. Application of ss. 214 to 220 to matters arising before 8th December 1969

          1. 51.(1) This paragraph shall have effect as respects the application,...

        2. Extinguishment of rights: notices served before 8th December 1969

          1. 52.In relation to a notice served before 8th December 1969,...

        3. Application of section 219 to land acquired by Central Land Board

          1. 53.In section 219(1) of this Act, the reference to land...

        4. Right to compensation for decisions made before 8th December 1969

          1. 54.In its application, by virtue of Part I of this...

        5. Enactments applying section 24 of Act of 1945

          1. 55.(1) This paragraph shall have effect for .the purposes of...

      13. Part XIII Validity of Planning Decisions etc.

        1. Orders made and action taken before 16th August 1959

          1. 56.(1) Notwithstanding anything in Part I of this Schedule, the...

          2. 57.Section 234 of this Act does not apply to any...

        2. Directions under Part V of Act of 1954

          1. 58.For the purposes of the construction, in accordance with Part...

      14. Part XIV Financial Provisions

        1. Grants

          1. 59.Nothing in this Act shall affect the payment (whether before...

          2. 60.Section 237 of this Act does not apply to any...

        2. Recovery of sums from acquiring authorities

          1. 61.(1) In relation to any acquisition or sale of an...

          2. 62.Section 245 of this Act shall have effect in relation...

        3. Treatment of sums received under section 248(4) before 1st April 1968

          1. 63.Any sums received by the Secretary of State before 1st...

      15. Part XV Special Cases

        1. Minerals

          1. 64.In relation to any time before 10th April 1966, section...

        2. National Coal Board

          1. 65.Until the coming into operation of the first regulations made...

      16. Part XVI Miscellaneous and Supplementary

        1. Rights and liabilities in respect of certain payments

          1. 66.(1) The repeals effected by this Act shall not affect...

        2. Registration of payments under s. 58 of Act of 1954

          1. 67.(1) The repeals effected by this Act shall not affect...

        3. Entitlement to, and amount of, compensation etc. in cases arising before 25th February 1963

          1. 68.Notwithstanding Part I of this Schedule, the following provisions of...

        4. Definition of " local authority "

          1. 69.For the purposes of the construction, in accordance with Part...

        5. Saving for powers of Post Office

          1. 70.Except as provided by section 209 of this Act. nothing...

        6. Saving in respect of works below high-water mark

          1. 71.Nothing in the provisions of this Act specified in Part...

        7. Land Compensation (Scotland) Act 1963 s. 39

          1. 72.Any reference in this Act to the power conferred by...

        8. References to Ministers: previous Transfer of Functions Orders

          1. 73.(1) Where the functions of a Minister under any enactment...

        9. Schemes and agreements under enactments repealed by Act of 1947

          1. 74.(1) The repeal effected by this Act shall not affect...

          2. 75.(1) The repeal effected by this Act shall not affect...

        10. Development authorised under enactments repealed by Act of 1947

          1. 76.(1) Where any works on land existing at the appointed...

          2. 77.(1) Where permission for any development of land was granted,...

          3. 78.(1) Where any works for the erection or alteration of...

          4. 79.(1) Any reference in Part VII of this Act, or...

        11. Supplementary

          1. 80.(1) Where in this Act (including this Schedule except Part...

    23. Schedule 23

      Repeals

    24. Schedule 24

      General Vesting Declarations

      1. Part I General Provisions

        1. Execution of general vesting declarations

          1. 1.(1) Where a compulsory purchase order authorising an acquiring authority...

          2. 2.(1) Before making a general vesting declaration with respect to...

          3. 3.A general vesting declaration shall not be executed before the...

          4. 4.As soon as may be after executing a general vesting...

          5. 5.For the purposes of this Schedule, a certificate by the...

        2. Effect of general vesting declaration

          1. 6.At the end of the period specified in a general...

          2. 7.At the end of the period specified in a general...

          3. 8.Where any land specified in a general vesting declaration is...

        3. Recovery of compensation overpaid

          1. 9.The provisions of paragraphs 10 to 14 below shall have...

          2. 10.If, in a case falling within paragraph 9 above, it...

          3. 11.If in a case falling within paragraph 9 above, it...

          4. 12.Any question arising under paragraph 10 or 11 above—

          5. 13.Subject to paragraph 12 above, any amount recoverable by the...

          6. 14.Any sum recovered under paragraph 10 or 11 above in...

        4. Penalty for false information in claiming compensation

          1. 15.(1) If any person, for the purpose of obtaining for...

      2. Part II Supplementary Provisions

        1. 16.The provisions contained in this Part of this Schedule shall...

        2. Exclusion of power of entry under the Acquisition Act 1947

          1. 17.Paragraph 3 of Schedule 2 to the Acquisition Act 1947...

        3. Restriction on withdrawal of constructive notice to treat

          1. 18.The power conferred by section 39 of the Land Compensation...

        4. Objection to severance

          1. 19.Paragraph 4 of Schedule 2 to the Acquisition Act 1947...

          2. 20.(1) If a general vesting declaration under this Act comprises...

          3. 21.Where a notice of objection to severance is served in...

          4. 22.Within three months after a person has served on an...

          5. 23.If the acquiring authority do not take action in accordance...

          6. 24.Where in accordance with paragraph 22 or 23 above the...

          7. 25.Where an acquiring authority take action in accordance with sub-paragraph...

          8. 26.Where in accordance with paragraph 22(c) above an acquiring authority...

          9. 27.(1) If on such a reference the Lands Tribunal does...

          10. 28.Where by virtue of paragraph 22(a), 23, 25 or 27...

          11. 29.(1) Where in accordance with paragraph 20(1) above a person...

        5. Compensation

          1. 30.Where any of the land specified in a general vesting...

          2. 31.Sections 56 to 60 and sections 63 to 66 of...

        6. Charges and tenancies

          1. 32.(1) Where land specified in a general vesting declaration under...

          2. 33.Where land specified in a general vesting declaration under this...

          3. 34.Where any of the land specified in a general vesting...

        7. Miscellaneous

          1. 35.Where, after land has become vested in an acquiring authority...

          2. 36.(1) The time within which a question of disputed compensation,...

          3. 37.At the end of the period specified in a general...

      3. Part III Interpretation

        1. 38.(1) In this Schedule " short tenancy " means a...

        2. 39.In this Schedule— " Acquisition Act 1947" means the Acquisition...

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