Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

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

(1) The provisions of this section shall have effect where—

(a) planning permission for the development of land has been granted by a development order; and

(b) that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and

(c) on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

[F1 (1A) Where planning permission granted by a development order is withdrawn by revocation or amendment of the order subsection (1) of this section applies only if the application referred to in paragraph (c) is made before the end of the period of twelve months beginning with the date on which the revocation or amendment came into operation.]

(2) In any case falling within subsection (1) of this section, the provisions of section 153 of this Act shall apply as if the planning permission granted by the development order—

(a) had been granted by the. . . F2 planning authority under Part III of this Act; and

(b) had been revoked or modified by an order under section 42 of this Act,

and the provisions of section 155. . . F3 and of sections 156 and 157 of this Act shall apply as if references therein to an order under section 42 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

(3) This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F1 S. 154(1A) inserted by Town and Country Planning (Compensation) Act 1985 (c. 19, SIF 123:1, 2), ss. 2(1), 3(2)

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F3 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F4 S. 140, 154(4), 158(5), 174, 180(2) repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt.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

Modifications etc. (not altering text)

C1 S. 154(3) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; amended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 5

C2 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C3 S. 138, 154(3) amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii)