Town and Country Planning (Scotland) Act 1972

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 and 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. 1. Schedule 1

       Combination of authorities

    2. Schedule 2

       Joint advisory committees and subcommittees

    3. Schedule 3

       Development plans: Provisions in force until superseded by Part II of this Act

    4. Schedule 4

       Development plans: Modifications of this Act pending repeal of Schedule 3

    5. Schedule 5

       Development plans: transition from Schedule 3 to Part II of this Act

    6. Schedule 6

       Development not constituting new development

    7. Schedule 7

       Determination of certain appeals by person appointed by Secretary of State

    8. Schedule 8

       Construction of references in ss. 45 and 46 to " the responsible Minister or Ministers "

    9. Schedule 9

       Joint Planning Inquiry Commissions

    10. Schedule 10

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

    11. Schedule 11

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

    12. Schedule 12

        Provisions as to established use certificates

    13. Schedule 13

        Adjustment of claim holdings

    14. Schedule 14

        Calculation of value of previous development of land

    15. Schedule 15

        Apportionment of unexpended balance of established development value

    16. Schedule 16

        Condition treated as applicable to rebuilding and alterations

    17. Schedule 17

        Proceedings on listed building purchase notice

    18. Schedule 18

        Procedure in connection with orders relating to footpaths and bridleways

    19. Schedule 19

        Provisions of this Act referred to in ss. 250, 251, 256, 257 and 259 and paragraphs 70 and 71 of Schedule 22

    20. Schedule 20

        Enactments exempted from s. 273(6) of this Act

    21. Schedule 21

        Consequential amendments

    22. Schedule 22

        Transitional provisions and savings

    23. Schedule 23

        Repeals

    24. Schedule 24

        General vesting declarations