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Town and Country Planning (Scotland) Act 1972

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This is the original version (as it was originally enacted).

156Contribution by Secretary of State towards compensation in certain cases

(1)Where a copy of the notice under section 155 of this Act is given to the Secretary of State in consequence of the making of an order under section 42 of this Act, and the circumstances are such that, if the permission revoked or modified by the order had been refused, or, as the case may be, had been granted as so modified, at the time when it was granted, compensation under Part VII of this Act could have been claimed and would have been payable by the Secretary of State, the Secretary of State may, subject to the provisions of this section, pay to the local planning authority a contribution of the amount appearing to him to be the amount of compensation which would have been so payable by him under Part VII of this Act.

(2)The amount of any such contribution shall not exceed—

(a)the amount of the compensation for depreciation paid by the local planning authority; or

(b)the unexpended balance of established development value, at the date of the making of the order, of the land in respect of which that compensation was paid.

(3)Regulations made under this section shall make provision, in relation to cases where the Secretary of State proposes to pay a contribution under this section—

(a)for requiring the Secretary of State to give notice of his proposal to persons entitled to such interests as may be prescribed in the land to which the proposal relates, and to such other persons (if any) as may be determined in accordance with the regulations to be affected by the proposal;

(b)for enabling persons to whom notice of the proposal is given to object to the proposal, on the grounds mat compensation would not have been payable as mentioned in subsection (1) of this section, or that the amount of the compensation so payable would have been less than the amount of the proposed contribution ;

(c)for enabling any person making such an objection to require the matter in dispute to be referred to the Lands Tribunal for determination; and

(d)where a contribution under this section is paid, for applying (with any necessary modifications) the provisions of Part VII of this Act as to the reduction or extinguishment of the unexpended balance of established development value of land, as if the contribution had been a payment of compensation under that Part of 'this Act.

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