Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Other restrictions S

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

(1) The provisions of this section shall have effect where, on an application for planning permission to carry out development of any class specified in Part II of Schedule 6 to this Act, the Secretary of State, either on appeal or on the reference of the application to him for determination, refuses the permission or grants it subject to conditions.

(2) If, on a claim made to the. . . F1 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that the value of the interest of any person in the land is less than it would have been if the permission had been granted, or had been granted unconditionally, as the case may be, the. . . F1 planning authority shall pay to that person compensation of an amount equal to the difference.

(3) In determining, for the purposes of subsection (2) of this section, whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally—

(a) it shall be assumed that any subsequent application for the like planning permission would be determined in the same way; but

(b) if, in the case of a refusal of planning permission, the Secretary of State, on refusing that permission, undertook to grant planning permission for some other development of the land in the event of an application being made in that behalf, regard shall be had to that undertaking; and

(c) no account shall be taken of any prospective use which would contravene the condition set out in Schedule 16 to this Act.

(4) Where, on such an application as is mentioned in subsection (1) of this section, planning permission is granted by the Secretary of State subject to conditions for regulating the design or external appearance of buildings, or the size or height of buildings, the Secretary of State, if it appears to him to be reasonable to do so having regard to the local circumstances, may direct that those conditions shall be disregarded, either altogether or to such extent as may be specified in the direction, in assessing the compensation (if any) payable under this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) For the purposes of subsection (1) of this section—

(a) paragraph 3 of Schedule 6 to this Act shall be construed as not extending to works involving any increase in the cubic content of a building erected after the appointed day (including any building resulting from the carrying out of such works as are described in paragraph 1 of that Schedule); and

(b) paragraph [F3 8] of that Schedule shall not apply to any such building.

[F4 (6A) For the purposes of subsection (1) of this section paragraph 3 of Schedule 6 to this Act shall be construed as not extending to the enlargement of a building which was in existence on the appointed day if—

(a) the building contains two or more separate dwellings divided horizontally from each other or from some other part of the building; and

(b) the enlargement would result in either an increase in the number of such dwellings contained in the building or an increase of more than one-tenth in the cubic content of any such dwelling contained in the building.]

(7) For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded. . . F5

(8) No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 S. 140, 154(4), 158(5), 174, 180(2) repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt. IV

F3 Figure substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 47

F4 S. 158(6A) inserted by Town and Country Planning (Compensation) Act 1985 (c. 19, SIF 123:1, 2), ss. 2(2), 3(2)

F5 Words repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt. IV

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

(1) [F6 Subject to section 159B of this Act, the] provisions of this section shall have effect where an order is made under section 49 of this Act, requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any buildings or works on land to be altered or removed.

(2) If, on a claim made to the. . . F7 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, that authority shall pay to that person compensation in respect of that damage.

(3) Without prejudice to subsection (2) of this section, any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the. . . F7 planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

(4) Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) of this section shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

Textual Amendments

F6 Words substituted by Town and Country Planning (Minerals) Act 1981 (c. 36), s. 35, Sch. 2 para. 5

F7 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Modifications etc. (not altering text)

C1 S. 159 modified by S.I. 1987/433, regs. 4, 5, 6

[F8 159A Compensation in respect of orders under s. 49A and suspension orders. S

Subject to section 159B of this Act, the provisions of section 159 of this Act shall apply where an order is made under section 49A of this Act or a suspension order or supplementary suspension order is made as they apply where an order is made under section 49 of this Act.]]

Textual Amendments

F8 Ss. 159A, 159B inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 30, 35

159B [F9 Compensation on special basis. S

(1) Where mineral compensation requirements are satisfied in relation to an order under section 49 or 49A of this Act, or in relation to a suspension order or supplementary suspension order, section 159 or 159A of this Act shall have effect subject to mineral compensation modifications.

(2) Subject to subsection (6) of this section, mineral compensation requirements are satisfied in relation to an order under section 49 of this Act if—

(a) the order—

(i) imposes any conditions on the continuance of the use of land for the winning and working of minerals; or

(ii) requires that any buildings, works, plant or machinery used for the winning and working of minerals shall be altered or removed; and

(b) the conditions specified in subsection (5) of this section are satisfied.

(3) Subject to subsection (6) of this section, mineral compensation requirements are satisfied in relation to an order under section 49A of this Act if the conditions specified in subsection (5)(a) and (c) of this section are satisfied.

(4) Mineral compensation requirements are satisfied in relation to a suspension order or supplementary suspension order if the conditions specified in subsection (5)(c) of this section are satisfied.

(5) The conditions mentioned in subsections (2)(b), (3) and (4) of this section are—

(a) that development consisting of the winning and working of minerals began not less than five years before the date of the order;

(b) that the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which planning permission for development consisting of the winning and working of minerals was granted or which was imposed by a relevant order; and

(c) that the planning authority carried out special consultations about the making and terms of the order before they made it.

(6) Where the planning authority—

(a) make—

(i) an order under section 49 of this Act which imposes any such condition or makes any such requirement as is mentioned in subjection (2)(a) of this section; or

(ii) an order under section 49A of this Act; and

(b) have previously made a relevant order or orders,

mineral compensation requirements are not satisfied in relation to the order mentioned in paragraph (a) of this subsection unless it was made more than five years after the order previously made or the last such order.

Textual Amendments

F9 Ss. 159A, 159B inserted by Town and Country Planning (Minerals) Act 1981 (c. 36, ss 30, 35

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

(1) The provisions of this section shall have effect where an application is made for listed building consent for the alteration or extension of a listed building and—

(a) either the works do not constitute development or they do so but the development is such that planning permission therefor is granted by a development order; and

(b) the Secretary of State, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.

(2) If, on a claim made to the. . . F10 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted, or had been granted unconditionally, as the case may be, the. . . F10 planning authority shall pay to that person compensation of an amount equal to the difference.

(3) In determining, for the purposes of subsection (2) of this section, whether or to what extent the value of an interest in land is less than it would have been if the permission had been granted, or had been granted unconditionally—

(a) it shall be assumed that any subsequent application for the like consent would be determined in the same way; but

(b) if, in the case of a refusal of listed building consent, the Secretary of State, on refusing that consent, undertook to grant such consent for some other works to the building in the event of an application being made in that behalf, regard shall be had to that undertaking.

(4) No compensation shall be payable under this section in respect of an interest in land in respect of which a purchase notice is served, whether under section 169, 177 or 179 of this Act, being a purchase notice which takes effect.

Textual Amendments

F10 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

161 Compensation where listed building consent revoked or modified. S

(1) Where listed building consent is revoked or modified by an order under paragraph 9 of Schedule 10 to this Act (other than an order which takes effect by virtue of paragraph 11 of that Schedule and without being confirmed by the Secretary of State), then if on a claim made to the. . . F11 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

(a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or

(b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

(3) Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

Textual Amendments

F11 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

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

(1) The provisions of this section shall have effect as respects compensation where a building preservation notice is served.

(2) The. . . F12 planning authority shall not be under any obligation to pay compensation under section 160 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Secretary of State under section 52 of this Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

(3) If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the. . . F12 planning authority within the time and in the manner prescribed by regulations under this Act, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

(4) The loss or damage in respect of which compensation is payable under subsection (3) of this section shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

Textual Amendments

F12 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

163 Compensation in respect of tree preservation orders. S

The matters for which provision may under section 58 of this Act be made by a tree preservation order include the payment by the. . . F13 planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence of the refusal of any consent required under the order, or of the grant of any such consent subject to conditions.

Textual Amendments

F13 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

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

(1) The provisions of this section shall have effect where a requirement is imposed by the. . . F14 planning authority or the Secretary of State by or under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

(2) If the Forestry Commissioners decide not to make any advance under [F15 section 1 of the M1 Forestry Act 1979] in respect of the replanting and come to that decision on the ground that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the. . . F14 planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.

(3) The Forestry Commissioners shall, at the request of the person under a duty to comply with the requirement, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

(4) A claim for compensation under this section must be served on the. . . F14 planning authority within twelve months from the date on which the requirement was imposed, or where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, from the date of the decision of the Secretary of State on the application, but subject in either case to such extension of that period as the. . . F14 planning authority may allow.

(5) Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M2 Countryside (Scotland) Act 1967.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F14 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F15 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F16 S. 164(6) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Marginal Citations

M1 1979 c. 21.

M2 1967 c. 86

165 Compensation for restrictions on advertising. S

Where, for the purpose of complying with any regulations made under section 61 of this Act, works are carried out by any person—

(a) for removing an advertisement which was being displayed on 16th August 1948; or

(b) for discontinuing the use for the display of advertisements of a site used for that purpose on that date,

that person shall, on a claim made to the. . . F17 planning authority within the time and in the manner prescribed by regulations under this Act, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in that behalf.

Textual Amendments

F17 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

166 Compensation for loss due to stop notice. S

(1) Where a stop notice under section 87 of this Act ceases to have effect, a person who, at the time when it was first served, had an interest [F18 , whether as owner or occupier or otherwise,] in the land to which it relates shall, in any of the circumstances mentioned in subsection (2) of this section, be entitled to be compensated by the. . . F19 planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice.

(2) A person shall be entitled to compensation under subsection (1) of this section in respect of a prohibition contained in a stop notice in any of the following circumstances:—

(a) the enforcement notice is quashed on any of the grounds mentioned in section 85(1)(b), (c), (d) or (e) of this Act;

(b) the allegation in the enforcement notice on which the prohibition in the stop notice is dependent is not upheld by reason that the enforcement notice is varied on one of those grounds;

(c) the enforcement notice is withdrawn by the. . . F19 planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates or for its retention or continuance without compliance with a condition or limitation subject to which a previous planning permission was granted;

(d) the stop notice is withdrawn.

(3) A prohibition in a stop notice shall be treated for the purposes of subsection (2) of this section as dependent on an allegation in an enforcement notice if and to the extent that the [F20 activity] to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same [F20 activity].

(4) A claim for compensation under this section shall be made to the. . . F19 planning authority within the time and in the manner prescribed by regulations under this Act.

(5) The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. . . F21 .

[F22 (6) In the assessment of any compensation under this section, there shall be taken into account any failure on the part of the claimant to comply with the provisions of section 270 of this Act, to the extent, if any, that such failure has contributed to the circumstances in which the enforcement notice was withdrawn or varied or quashed, or the stop notice withdrawn.]

Textual Amendments

F18 Words inserted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(a)

F19 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F20 Word substituted by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(b)

F21 Words repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(c)

F22 S. 166(6) added by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(2)(d)

Modifications etc. (not altering text)

C2 S. 166 extended (with modifications) by S.I. 1984/995, reg. 2, Sch. (which S.I. was revoked (26.3.1992) by S.I. 1992/478, reg.3)