Town and Country Planning (Scotland) Act 1997
Part IAdministration
1Planning authorities.
1APlanning authorities: chief planning officer
2Enterprise zones.
3Urban development areas.
PART 1ZAPurpose of planning
3ZAPurpose of planning
Part 1ANational Planning Framework
3ANational Planning Framework
3AADuty to review the National Planning Framework
3ABRevising the framework: participation statement and considerations
3ACInformation to assist preparation of National Planning Framework
3BProposals for National Planning Framework: Parliamentary consideration
3CNational Planning Framework to be laid before Parliament
3CANational Planning Framework: procedure
Duties to assist in shaping the National Planning Framework
3CBKey agencies to co-operate
3CCAmendment of National Planning Framework
3DSustainable development: exercise of functions by Scottish Ministers
Part 2 Development Plans
Sustainable development
3ESustainable development
3FGreenhouse gas emissions policies
3GOpen space strategy
Strategic development planning
4ZARegional spatial strategies
4ZBDuties to have regard to regional spatial strategies
4ZCRegional spatial strategies: first strategy, review and revision
4ZDDirections to prepare or review regional spatial strategies
4ZEGuidance for regional spatial strategies
4Strategic development planning authorities
5Strategic development plan area
6Re-determination of boundary of strategic development plan area
7Form and content of strategic development plan
8Preparation of strategic development plan etc. : general
9Main issues report for preparation of strategic development plan
10Preparation and publication of proposed strategic development plan
11Alternative proposals
12Examination of proposed strategic development plan
12AFurther provision as regards examination under section 12(2)
13Proposed strategic development plan: approval or rejection
14Publication of and publicity for strategic development plan
Local development plans
15Form and content of local development plans
15APreparation of local development plan: invitation to prepare local place plans
15BReview of local place plans
16Preparation and monitoring of local development plans: general
16AParticipation of children and young people in local development plan
16BEvidence report for preparation of local development plan
16CEffective community engagement: guidance
16DPlay sufficiency assessment
16EPublication of list of persons seeking land for self-build housing
17Main issues report for preparation of local development plan
18Preparation and publication of proposed local development plan
19Examination of proposed local development plan
19ZAExamination under section 19(3): further provision
19AFurther provision as regards examination under section 19(4)
20Constitution of local development plan
20APublication of and publicity for local development plan
20AAAmendment of local development plan
Development plan schemes and delivery programmes
20BDevelopment plan schemes
21Delivery programmes
...
22Supplementary guidance
Supplementary provisions
23Disregarding of representations with respect to development authorised by or under other enactments
23ARegulations under this Part
23BDefault powers of the Scottish Ministers
23CReviews of plans in enterprise zones
23DMeaning of “key agency”
24Meaning of “development plan”
General
25Status of development plan
Part III Control over Development
Meaning of development
26 Meaning of “development”.
26AAMarine fish farms: circumstances referred to in section 26(1)
26ABPower by order to provide marine fish farming is not “development”
26AHierarchy of developments
26BMaterial change of use: short-term lets
27 Time when development begun.
Initiation and completion of development
27ANotification of initiation of development
27BNotification of completion of development
Display of notice while development is carried out
27CDisplay of notice while development is carried out
Requirement for planning permission
28 Development requiring planning permission.
29 Granting of planning permission: general.
Development orders
30 Development orders: general.
31 Permission granted by development order.
Planning permission in respect of operation of marine fish farm
31APlanning permission in respect of operation of marine fish farm
Applications for planning permission
32Applications for planning permission
Variation of application
32AVariation of application other than one referred to the Scottish Ministers
32BVariation of application referred to the Scottish Ministers
33 Planning permission for development already carried out.
33ANotice requiring application for planning permission for development already carried out
Publicity for applications
34 Notice by planning authority of certain applications made to them
35 Notice etc. of applications to owners and agricultural tenants.
35APre-application consultation: preliminary
35BPre-application consultation: compliance
35CPre-application consultation report
36 Registers of applications etc.
36ALists of applications
Determination of applications
37 Determination of applications: general considerations.
38 Consultations in connection with determination of applications.
38APre-determination hearings
39Declining to determine an application
39ADeclining to determine an application: further provision
40 Assessment of environmental effects.
41 Conditional grant of planning permission.
41AConditional grant of planning permission: noise-sensitive developments
41BConditional grant of planning permission: provision of toilet facilities within certain large developments
42 Determination of applications to develop land without compliance with conditions previously attached.
43 Directions etc. as to method of dealing with applications.
43ALocal developments: schemes of delegation
43BMatters which may be raised in a review under section 43A(8)
44 Effect of planning permission.
45 Duty to draw attention to certain provisions for benefit of disabled.
Secretary of State’s powers in relation to planning applications and decisions
46 Call-in of applications by Secretary of State.
46ACall-in of applications by Scottish Ministers: further provision
47 Right to appeal against planning decisions and failure to take such decisions.
47AMatters which may be raised in an appeal under section 47(1)
48 Determination of appeals.
Simplified planning zones
49 Simplified planning zones.
50Alteration of simplified planning zone schemes.
51 Simplified planning zone schemes: conditions and limitations on planning permission.
52 Duration of simplified planning zone scheme.
53 Alteration of simplified planning zone scheme.
54 Exclusion of certain descriptions of land or development.
Enterprise zone schemes
55 Planning permission for development in enterprise zones.
56 Effect on planning permission of modification or termination of scheme.
Deemed planning permission
57 Development with government authorisation.
Duration of planning permission
58Duration of planning permission
59Planning permission in principle
60 Provisions supplementary to sections 58 and 59.
61 Termination of planning permission by reference to time limit: completion notices.
62 Effect of completion notice.
62AObjection to completion notice
63 Power of Secretary of State to serve completion notice.
Variation, revocation and modification of planning permission
64 Power to vary planning permission.
65 Power to revoke or modify planning permission.
66 Procedure for section 65 orders: opposed cases.
67 Procedure for section 65 orders: unopposed cases.
68 Revocation and modification of planning permission by the Secretary of State.
References to Planning Inquiry Commissions
69 Power to refer certain planning questions to Planning Inquiry Commission.
70 Power to refer certain planning questions to Joint Planning Inquiry Commission.
Other controls over development
71 Orders requiring discontinuance of use or alteration or removal of buildings or works.
72 Confirmation by Secretary of State of section 71 orders.
73 Power of the Secretary of State to make section 71 orders.
74 Review of mineral planning permissions.
75 Planning obligations
75AModification and discharge of planning obligations
75BAppeals
75CPlanning obligations: continuing liability of former owner etc.
75DGood neighbour agreements
75EGood neighbour agreements: modification and discharge of obligations
75FGood neighbour agreements: appeals
75GGood neighbour agreements: continuing liability of former owner etc.
Part IV Compensation for Effects of Certain Orders, Notices etc.
Compensation for revocation or modification of planning permission
76 Compensation where planning permission revoked or modified.
77 Compensation for refusal or conditional grant of planning permission formerly granted by development order.
78 Apportionment of compensation for depreciation.
79 Registration of compensation for depreciation.
80 Recovery of compensation on subsequent development.
81 Amount recoverable, and provisions for payment or remission.
82 Provisions for payment or remission of amount recoverable under section 80.
83 Compensation in respect of orders under section 71 etc.
84 Special basis for compensation in respect of certain orders affecting mineral working.
85 Power to make provision for determination of claims.
86 Lands Tribunal to determine claims if not otherwise provided.
Supplementary provisions
87 General provisions as to compensation for depreciation under this Part.
Part V Rights of Owners etc. to Require Purchase of Interests
Chapter I Interests Affected by Planning Decisions or Orders
Service of purchase notices
88 Circumstances in which purchase notices may be served.
88APurchase notices: Crown land
89 Circumstances in which land incapable of reasonably beneficial use.
Duties of authorities on service of purchase notice
90 Action by planning authority on whom purchase notice is served.
91 Procedure on reference of purchase notice to Secretary of State.
92 Action by Secretary of State in relation to purchase notice.
93 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
94 Effect of Secretary of State’s action in relation to purchase notice.
Compensation
95 Special provisions as to compensation where purchase notice served.
Special provisions for requiring purchase of whole of partially affected agricultural unit
96 Counter-notice requiring purchase of remainder of agricultural unit.
97 Effect of counter-notice under section 96.
98 Provisions supplemental to sections 96 and 97.
Supplemental
99 Interpretation of Chapter I.
Chapter II Interests Affected by Planning Proposals: Blight
Preliminary
100 Scope of Chapter II.
Blight notices
101 Notice requiring purchase of blighted land.
102 Counter-notice objecting to blight notice.
103 Further counter-notice where certain proposals have come into force.
104 Reference of objection to Lands Tribunal: general.
105 Effect of valid blight notice.
106 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
107 Withdrawal of blight notice.
Compensation
108 Special provisions as to compensation for acquisition in pursuance of blight notice.
Special provisions for requiring purchase of whole of partially affected agricultural units
109 Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
110 Objection to section 109 notice.
111 Effect of section 109 notice.
Successors, heritable creditors and partnerships
112 Powers of successors in respect of blight notice.
113 Power of heritable creditor to serve blight notice.
114 Prohibition on service of simultaneous notices under sections 101, 112 and 113.
115 Special provisions as to partnerships.
Miscellaneous and supplementary provisions
116 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
116APower of Secretary of State to acquire land identified in national policy statements where blight notice served
117 Saving for claimant’s right to sell whole hereditament, etc.
118 No withdrawal of constructive notice to treat.
119 Meaning of “owner-occupier” and “resident owner-occupier”.
120“Appropriate authority” for purposes of Chapter II.
121“Appropriate enactment” for purposes of Chapter II.
122 General interpretation of Chapter II.
Part VI Enforcement
Application
123 Expressions used in connection with enforcement.
124 Time limits.
Planning contravention notices
125 Power to require information about activities on land.
126 Penalties for non-compliance with planning contravention notice.
Enforcement notices
127 Issue of enforcement notice.
128 Contents and effect of notice.
129 Variation and withdrawal of enforcement notice.
130 Appeal against enforcement notice.
131 Appeals: supplementary provisions.
132 General provisions relating to determination of appeals.
133 Grant or modification of planning permission on appeal against enforcement notice.
134 Validity of enforcement notices.
135 Execution and cost of works required by enforcement notice.
136 Offence where enforcement notice not complied with.
136AFixed penalty notice where enforcement notice not complied with
137 Effect of planning permission etc. on enforcement or breach of condition notice.
138 Enforcement notice to have effect against subsequent development.
139 Power of Secretary of State to serve enforcement notice.
Stop notices
140 Stop notices.
141 Stop notices: supplementary provisions.
142 Power of the Secretary of State to serve stop notice.
143 Compensation for loss due to stop notice.
144 Penalties for contravention of stop notice.
Temporary stop notices
144ATemporary stop notices
144BTemporary stop notices: restrictions
144CTemporary stop notices: offences
144DTemporary stop notices: compensation
Breach of condition notices
145 Enforcement of conditions.
145AFixed penalty notice where breach of condition notice not complied with
Interdicts
146 Interdicts restraining breaches of planning control.
Registers
147 Enforcement etc. : register of notices
Enforcement of orders for discontinuance of use, etc.
148 Penalties for contravention of orders under section 71 and Schedule 8.
149 Enforcement of orders under section 71 and Schedule 8.
Certificate of lawful use or development
150 Certificate of lawfulness of existing use or development.
151 Certificate of lawfulness of proposed use or development.
152 Certificates under sections 150 and 151: supplementary provisions.
153 Offences.
154 Appeals against refusal or failure to give decision on application.
155 Further provisions as to appeals to the Secretary of State.
Rights of entry for enforcement purposes
156 Right to enter without warrant.
157 Right to enter under warrant.
158 Rights of entry: supplementary provisions.
Enforcement charters
158AEnforcement charters
Part VII Special Controls
Chapter I Trees
General duty of planning authorities as respects trees
A159Forestry and woodland strategy
159 Planning permission to include appropriate provision for preservation and planting of trees.
Tree preservation orders
160 Power to make tree preservation orders.
161 Form of and procedure applicable to orders.
161AImminent danger to trees: entry to affix copy of tree preservation order
162Tree preservation: Forestry Commissioners
163 Provisional tree preservation orders.
164 Power for Secretary of State to make tree preservation orders.
Compensation for loss or damage caused by orders etc.
165 Compensation in respect of tree preservation orders.
166 Compensation in respect of requirement as to replanting of trees.
Consequences of tree removal etc.
167 Replacement of trees.
168 Enforcement of duties as to replacement of trees.
169 Appeal against section 168 notice.
170 Execution and cost of works required by section 168 notice.
171 Penalties for non-compliance with tree preservation order.
Trees in conservation areas
172 Preservation of trees in conservation areas.
173 Power to disapply section 172.
174 Enforcement of controls as respects trees in conservation areas.
175 Register of section 172 notices.
Rights of entry
176 Rights to enter without warrant.
177 Right to enter under warrant.
178 Rights of entry: supplementary provisions.
Chapter II Land Adversely Affecting Amenity of Neighbourhood
Land adversely affecting other land
179 Notice requiring proper maintenance of land.
180 Appeal against notice under section 179.
181 Register of notices under section 179.
Chapter III Advertisements
Advertisement regulations
182 Regulations controlling display of advertisements.
183 Power to make different advertisement regulations for different areas.
184 Planning permission not needed for advertisements complying with regulations.
Repayment of expense of removing prohibited advertisements
185 Repayment of expense of removing prohibited advertisements.
Enforcement of control over advertisements
186 Enforcement of control as to advertisements.
187 Power to remove or obliterate placards and posters.
Part VIII Acquisition and Appropriation of Land for Planning Purposes etc.
Acquisition for planning and public purposes
188 Acquisition of land by agreement.
189 Compulsory acquisition of land in connection with development and for other planning purposes.
190 Compulsory acquisition of land by Secretary of State for the Environment.
Powers relating to land held for planning purposes
191 Disposal of land held for planning purposes.
192 Disposal by Secretary of State of land acquired under section 190.
193 Development of land held for planning purposes.
Extinguishment of certain rights affecting acquired or appropriated land
194 Extinguishment of rights over land compulsorily acquired.
195 General vesting declarations.
196 Power to override servitudes and other rights.
197 Provisions as to churches and burial grounds.
198 Use and development of land for open spaces.
199 Displacement of persons from land acquired or appropriated.
200 Modification of incorporated enactments for purposes of this Part.
201 Interpretation of this Part.
Part IX Roads, Footpaths and Rights of Way
Stopping up and diversion of roads by Secretary of State
202 Roads affected by development: orders by Secretary of State.
Powers of local authorities to extinguish certain rights
203 Order extinguishing right to use vehicles on road.
204 Compensation for orders under section 203.
205 Provision of amenity for road reserved to pedestrians.
206 Extinguishment of public rights of way over land held for planning purposes.
Powers of planning authorities to stop up roads, etc.
207 Roads affected by development: orders by planning authorities.
208 Footpaths and bridleways affected by development: orders by planning authorities.
Procedure
209 Procedure for making and confirming orders by Secretary of State and planning authorities.
210 Recovery of costs of making orders.
Supplementary provisions
211 Concurrent proceedings in connection with roads.
212 Electronic communications apparatus .
Temporary road orders: mineral workings
213 Temporary stopping up of roads, footpaths and bridleways for mineral workings.
Part X Statutory Undertakers
Preliminary
214 Meaning of “statutory undertakers”.
215 Meaning of “operational land”.
216 Cases in which land is to be treated as not being operational land.
217 Statutory Undertakers
Application of Part III to statutory undertakers
218 Applications for planning permission by statutory undertakers.
219 Conditional grants of planning permission.
220 Development requiring authorisation of government department.
221 Statutory Undertakers
222 Statutory Undertakers
223 Statutory Undertakers
Extinguishment of rights of statutory undertakers, etc.
224 Extinguishment of rights of statutory undertakers: preliminary notices.
225 Extinguishment of rights of telecommunications code system operators: preliminary notices.
226 Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.
227 Orders under sections 224 and 225.
Extension or modification of statutory undertakers’ functions
228 Extension or modification of functions of statutory undertakers.
229 Procedure in relation to orders under section 228.
230 Relief of statutory undertakers from obligations rendered impracticable.
231 Objections to orders under sections 228 and 230.
Compensation
232 Right to compensation in respect of certain decisions and orders.
233 Measure of compensation to statutory undertakers etc.
234 Exclusion of section 233 at option of statutory undertakers.
235 Procedure for assessing compensation.
Advertisements
236 Special provisions as to display of advertisements on operational land.
Part XI Validity
237Validity of development plans and certain orders, decisions and directions.
238Proceedings for questioning validity of development plans and certain schemes and orders.
239 Proceedings for questioning the validity of other orders, decisions and directions.
240 Validity
241 Special provisions as to orders subject to special parliamentary procedure.
Part XII Crown Land
Preliminary
241AApplication to the Crown
242 Preliminary definitions.
Application of Act as respects Crown land
242AUrgent Crown development: application
243 Control of development on Crown land: special enforcement notices.
244 Supplementary provisions as to special enforcement notices.
245 Exercise of powers in relation to Crown land.
245AEnforcement in relation to the Crown
245BReferences to an interest in land
246 Agreements relating to Crown land.
247Supplementary provisions as to Crown interest.
247AApplications for planning permission by Crown
Provisions relating to anticipated disposal of Crown land
248 Application for planning permission etc. in anticipation of disposal of Crown land.
249 Tree preservation orders in anticipation of disposal of Crown land.
250 Requirement of planning permission for continuance of use instituted by the Crown.
Enforcement in respect of war-time breaches of planning control by the Crown
251 Enforcement in respect of war-time breaches of planning control by the Crown.
National performance monitoring
251BNational planning improvement co-ordinator
Part XIII Financial Provisions
252 Fees for planning applications etc.
253 Grants for research and education.
253AGrants for advice and assistance
254 Contributions by Ministers towards compensation paid by planning authorities.
255Contributions by local authorities and statutory undertakers.
256 Assistance for acquisition of property where objection made to blight notice in certain cases.
257 Recovery from acquiring authorities of sums paid by way of compensation.
258 Sums recoverable from acquiring authorities reckonable for purposes of grant.
259 Financial provision.
260 General provision as to receipts of Secretary of State.
Expenses of local authorities
261 Expenses of, and borrowing by, local authorities.
Part XIV Miscellaneous and General Provisions
Application of Act in special cases
262 Power to modify Act in relation to minerals.
263 Application of certain provisions to planning authorities.
National Scenic Areas
263ANational Scenic Areas
263BNational Scenic Areas: report on consultation
Natural Heritage Areas
264 Natural Heritage Areas.
National Parks
264A National Parks
Local inquiries and other hearings
265 Local inquiries.
265APlanning inquiries to be held in public subject to certain exceptions
266 Orders as to expenses of parties where no local inquiry held.
267 Appeals and applications under this Act: procedure etc.
268 Inquiries under Private Legislation Procedure (Scotland) Act 1936.
Promotion and use of mediation etc.
268APromotion and use of mediation etc.
Rights of entry
269Rights of entry.
270 Supplementary provisions as to rights of entry.
270ARights of entry: Crown land
Miscellaneous and general provisions
270BEqual opportunities
271 Service of notices.
271AService of notices on the Crown
272 Power to require information as to interests in land.
272AInformation as to interests in Crown land
273 Offences by corporations.
274 Combined applications.
275 Regulations and orders.
275AFurther provision as regards regulations: inquiries etc.
275BDirections
276 Act not excluded by special enactments.
277Interpretation.
278 Citation, commencement and extent.
SCHEDULES
SCHEDULE 1Old development plans
Preliminary
1In this schedule “ old development plan ” means—
Continuation in force of old development plans
2Any old development plan which immediately before the coming into...
...
3Subject to the following provisions of this Schedule, where by...
Street authorisation maps
4. . . . . . . . . ....
...
5Where there is no local plan in force in an...
Discontinuance of old development plans
6On the publication of the revised National Planning Framework under...
6AOn the constitution of a local development plan for an...
7The Scottish Ministers may by regulations provide that any of...
8The Secretary of State may by order wholly or partly...
9Before making an order with respect to a development plan...
Further provision as to interpretation
10In this schedule— “ local plan ” is to be...
SCHEDULE 2Exemptions from planning permission for certain land uses in 1948
1Where on 1st July 1948 land was being temporarily used...
2Where on 1st July 1948 land was normally used for...
3Where land was unoccupied on 1st July 1948, but had...
4Notwithstanding anything in paragraphs 1 to 3, the use of...
SCHEDULE 3Conditions relating to mineral working
Part IConditions imposed on grant of permission
Duration of development
1(1) Every planning permission for development— (a) consisting of the...
Power to impose aftercare conditions
2(1) Where— (a) planning permission for development consisting of the...
Meaning of “required standard”
3(1) In a case where— (a) the use specified in...
Consultations
4(1) Before imposing an aftercare condition specifying a use for...
Certificate of compliance
5If, on the application of any person with an interest...
Recovery of expenses of compliance
6A person who has complied with an aftercare condition but...
Part IIConditions Imposed on Revocation or Modification of Permission
7An order under section 65 may, in relation to planning...
8Paragraphs 2(3) to (9) and 3 to 6 shall apply...
SCHEDULE 4Determination of certain appeals by person appointed by Secretary of State
Determination of appeals by appointed person
1(1) The Secretary of State may by regulations prescribe classes...
Powers and duties of appointed persons
2(1) An appointed person shall have the same powers and...
Determination of appeals by Secretary of State
3(1) The Secretary of State may, if he thinks fit,...
4(1) The Secretary of State may by a further direction...
Appointment of another person to determine appeal
5(1) At any time before the appointed person has determined...
Local inquiries and hearings
6(1) Whether or not the parties to an appeal have...
Supplementary provisions
7If, before or during the determination of an appeal under...
8(1) The Tribunals and Inquiries Act 1992 shall apply to...
SCHEDULE 5Simplified planning zones
General
1(1) A simplified planning zone scheme shall consist of a...
Notification of proposals to alter scheme
2An authority who decide under section 50(2) to make or...
Power of Secretary of State to direct alteration of scheme
3(1) If a person requests a planning authority to make...
4(1) A simplified planning zone direction is—
Steps to be taken before depositing proposals
5(1) A planning authority proposing to make or alter a...
Procedure after deposit of proposals
6Where a planning authority have prepared a proposed simplified planning...
Procedure for dealing with objections
7(1) Where objections to the proposed scheme or alterations are...
Adoption of proposals by planning authority
8(1) After the expiry of the period for making objections...
Calling in of proposals for approval by Secretary of State
9(1) After copies of proposals have been sent to the...
Approval of proposals by Secretary of State
10(1) The Secretary of State may after considering proposals submitted...
Default powers
11(1) Where— (a) a planning authority are directed under paragraph...
Regulations and directions
12(1) Without prejudice to the preceding provisions of this Schedule,...
SCHEDULE 5AMasterplan consent areas
PART 1Content of schemes
General
1(1) A scheme is to consist of—
Further provision about conditions, limitations and exceptions
2(1) A scheme may specify different conditions, limitations or exceptions...
Places that cannot be included in a scheme
3(1) A scheme may not include any place which sub-paragraph...
PART 2Making and altering of schemes by planning authorities
Power to make or alter scheme
4At any time, a planning authority may (in accordance with...
Duty to periodically consider making scheme
5(1) Each planning authority must, at least once in each...
Duty to seek to make or alter scheme when directed to do so
6(1) The Scottish Ministers may at any time direct a...
PART 3Process for planning authority making or altering scheme
CHAPTER 1Process for all cases
Outline of process
7(1) Before making or altering a scheme, a planning authority...
Consultation on possible proposals
8(1) Before publicising, in accordance with paragraph 9, proposals for...
Publicity for proposals
9(1) Before making or altering a scheme, a planning authority...
Consideration of representations
10(1) Where a planning authority have received validly submitted representations...
CHAPTER 2Further process for some cases
Requirement to hold hearings
11(1) The Scottish Ministers may by regulations prescribe circumstances in...
Requirement to notify the Scottish Ministers of certain proposals
12(1) The Scottish Ministers may direct a planning authority to...
Pause before making certain alterations
13(1) Sub-paragraph (2) applies where, having completed the consultation process...
PART 4Scottish Ministers' powers to make and alter schemes and stop proposals
CHAPTER 1Calling in planning authorities' proposals
Power to call in proposals
14(1) For the purposes of this Chapter, a call-in direction...
Powers after calling in
15(1) Where a call-in direction has been given in relation...
CHAPTER 2Making or altering scheme following paragraph 6 direction
Power to make or alter scheme
16(1) The Scottish Ministers may (in accordance with paragraph 17)...
Process for making or altering schemes
17(1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2)...
Recovery of costs
18(1) Having incurred costs in complying with an enactment mentioned...
PART 5Further powers of Scottish Ministers
CHAPTER 1Excluding kinds of development from schemes
Power to exclude kinds of development
19(1) The Scottish Ministers may by regulations provide that no...
Effect of exclusion on existing schemes
20If a scheme has conferred authorisation in relation to development...
CHAPTER 2Powers in relation to procedure, etc.
Directions about procedure and provision of information
21(1) The Scottish Ministers may give a planning authority a...
Regulations about form, content and procedure
22(1) The Scottish Ministers may make regulations about—
PART 6Interpretation
Application of section 54F
23Section 54F applies to the interpretation of this schedule as...
Calculation of periods
24(1) Where a period is described in this schedule (in...
SCHEDULE 6Planning Inquiry Commissions
Constitution
1(1) A Planning Inquiry Commission (“a commission”) shall consist of...
References
2(1) Two or more of the matters mentioned in section...
Procedure on reference
3(1) A reference to a commission of a proposal that...
Functions on reference
4(1) A commission inquiring into a matter referred to them...
Local inquiries held by commission
5(1) A commission shall, for the purpose of complying with...
6(1) In section 69 and this Schedule “the responsible Minister...
SCHEDULE 7Joint Planning Inquiry Commissions
Constitution
1(1) A Joint Planning Inquiry Commission (a “joint commission”) shall...
References
2(1) Two or more of the matters mentioned in section...
Procedure on reference
3(1) A reference to a joint commission of a proposal...
Functions on reference
4A joint commission inquiring into a referred matter shall—
5A joint commission shall give an opportunity of appearing and...
6A joint commission may, with the approval of the Ministers...
7The provisions of sections 46(5) and 48(2) of this Act...
Local inquiries
8(1) A joint commission shall, for the purpose of complying...
Interpretation
9In this Schedule— “the 1990 Act” means the Town and...
SCHEDULE 8Old mineral workings and permissions
Part IRequirements relating to discontinuance of mineral working
Orders requiring discontinuance of mineral working
1(1) If, having regard to the development plan and to...
2(1) Where development consisting of the winning and working of...
Prohibition of resumption of mineral working
3(1) Where it appears to the planning authority that development...
4(1) An order under paragraph 3 shall not take effect...
Orders after suspension of winning and working of minerals
5(1) Where it appears to the planning authority—
Supplementary suspension orders
6(1) At any time when a suspension order is in...
Confirmation and coming into operation of suspension orders
7(1) Subject to sub-paragraph (2) and without prejudice to paragraph...
Registration of suspension orders
8An order made under paragraph 3, 5 or 6 shall...
Review of suspension orders
9(1) It shall be the duty of a planning authority—...
Old mining permissions
10(1) In this paragraph and Part II of this Schedule,...
Resumption of mineral working after suspension order
11(1) Subject to sub-paragraph (2), nothing in a suspension order...
Default powers of Secretary of State
12(1) If it appears to the Secretary of State that...
Part IIRegistration of Old Mining Permissions
Application for registration
13(1) Any person who is an owner of any land...
Determination of conditions
14(1) The conditions to which an old mining permission is...
Registration
15(1) Where an application for the registration of an old...
General provisions about applications
16(1) An application under paragraph 13 or 14 is an...
Right of appeal
17(1) Where the planning authority— (a) refuse an application under...
Determination of appeal
18(1) On an appeal under paragraph 17 the Secretary of...
Reference of applications to Secretary of State
19(1) The Secretary of State may give directions requiring applications...
Two or more applicants
20(1) Where a person has served an application under paragraph...
Application of provisions relating to planning permission
21(1) Subject to paragraph 15, section 36 and any provision...
Interpretation
22(1) In this Part of this Schedule— “official form” means,...
SCHEDULE 9Review of old mineral planning permissions
Interpretation
1(1) In this Schedule— “dormant site” means a Phase I...
Phase I and II sites
2(1) This paragraph has effect for the purposes of determining...
The “first list”
3(1) A planning authority shall, in accordance with the following...
The “second list”
4(1) A planning authority shall, in accordance with the following...
Advertisement of the first and second lists
5(1) This paragraph makes provision for the advertisement of the...
Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
6(1) Any person who is the owner of any land,...
Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory
7(1) Any person who is the owner of any land,...
Service on owners etc. of notice of preparation of the first and second lists
8(1) The planning authority shall, no later than the date...
Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed
9(1) Any person who is the owner of any land,...
Notice of determination of conditions to be accompanied by additional information in certain cases
10(1) This paragraph applies in a case where—
Right to appeal against planning authority’s determination of conditions etc.
11(1) Where the planning authority— (a) on an application under...
Permissions ceasing to have effect
12(1) Subject to paragraph 8(11), where no application under paragraph...
Reference of applications to the Secretary of State
13(1) The Secretary of State may give directions requiring applications...
Two or more applicants
14(1) Where a planning authority have received from any person...
Compensation
15(1) This paragraph applies in a case where—
Appeals: general procedural provisions
16(1) This paragraph applies to appeals under paragraph 6(11) or...
SCHEDULE 10Periodic review of mineral planning permissions
Duty to carry out periodic reviews
1The planning authority shall, in accordance with the provisions of...
Interpretation
2(1) For the purposes of this Schedule— “first review date”,...
The first review date
3(1) Subject to sub-paragraph (7), in a case where the...
3A(1) The Scottish Ministers may by order specify a first...
Service of notice of first periodic review
4(1) The planning authority shall, in connection with the first...
Application for postponement of the first review date
5(1) Any person who is the owner of any land,...
Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
6(1) Any person who is the owner of any land,...
Permissions ceasing to have effect
7Where no application under paragraph 6 in respect of a...
Reference of applications to the Secretary of State
8(1) The Secretary of State may give directions requiring applications...
Appeals
9(1) Where on an application under paragraph 6 the planning...
Time from which conditions determined under this Schedule are to take effect
10(1) Where an application has been made under paragraph 6...
Two or more applicants
11(1) Where a planning authority have received from any person...
Second and subsequent periodic reviews
12(1) In this paragraph, in relation to a mining site,...
Compensation
13(1) This paragraph applies where— (a) an application made under...
SCHEDULE 11Development not constituting new development
1(1) The carrying out of— (a) the rebuilding, as often...
2The use as two or more separate dwellinghouses of any...
3Where after 1st July 1948— (a) any buildings or works...
4For the purposes of paragraph 1 the cubic content of...
5(1) In this Schedule “at a material date” means at...
6(1) In relation to a building erected after 1st July...
SCHEDULE 12Condition treated as applicable to rebuilding and alterations
1Where the building to be rebuilt or altered is the...
2Where the building to be rebuilt or altered is not...
3In determining under this Schedule the purpose for which floor...
4(1) For the purposes of this Schedule gross floor space...
5In relation to a building erected after 1st July 1948...
SCHEDULE 13Regulations as to compensation in respect of orders relating to mineral working
Power to modify compensation provisions
1(1) The Secretary of State may by regulations . ....
Determination of claims
2The references in section 86 to questions of disputed compensation...
SCHEDULE 14Blighted land
Land allocated for public authority functions in development plans etc.
1(1) This paragraph applies to land indicated in a strategic...
2(1) This paragraph applies to land which—
3This paragraph applies to land indicated in a plan (other...
4This paragraph applies to land in respect of which a...
New towns and urban development areas
5(1) This paragraph applies to land within an area described...
6This paragraph applies to land within an area designated as...
7(1) This paragraph applies to land which is—
Housing action areas
8This paragraph applies to land within an area declared to...
9This paragraph applies to land which is surrounded by or...
Roads
10This paragraph applies to land indicated in a development plan...
11(1) This paragraph applies to land on or adjacent to...
12This paragraph applies to land shown on plans approved by...
13This paragraph applies to land comprised in the site of...
Compulsory purchase
14This paragraph applies to land authorised by a special enactment...
15(1) This paragraph applies to land in respect of which—...
16This paragraph applies to land— (a) the compulsory acquisition of...
17(1) This paragraph applies to land which relates to the...
Land identified in national policy statements so far as relating to certain pipe-lines
18This paragraph applies to land which is in a location...
Note
SCHEDULE 15General vesting declarations
Part IGeneral provisions
Execution of general vesting declarations
1(1) Where a compulsory purchase order authorising an acquiring authority...
2(1) Before making a general vesting declaration with respect to...
3(1) Subject to sub-paragraph (2), a general vesting declaration shall...
4As soon as may be after executing a general vesting...
5For the purposes of this Schedule, a certificate by the...
Effect of general vesting declaration
6At the end of the period specified in a general...
7At the end of the period specified in a general...
8Where any land specified in a general vesting declaration is...
Recovery of compensation overpaid
9Paragraphs 10 to 14 shall have effect where, after the...
10If, in a case falling within paragraph 9, it is...
11If in a case falling within paragraph 9, it is...
12Any question arising under paragraph 10 or 11—
13Subject to paragraph 12, any amount recoverable by the acquiring...
14Any sum recovered under paragraph 10 or 11 in respect...
Penalty for false information in claiming compensation
15(1) If any person for the purpose of obtaining for...
Part IISupplementary provisions
16This Part shall have effect for the purposes of paragraphs...
Exclusion of power of entry under the Acquisition Act 1947
17Paragraph 3 of Schedule 2 to the Acquisition Act 1947...
Restriction on withdrawal of constructive notice to treat
18The power conferred by section 39 of the Land Compensation...
Objection to severance
19Paragraph 4 of Schedule 2 to the Acquisition Act 1947...
20(1) If a general vesting declaration under this Act comprises...
21Where a notice of objection to severance is served in...
22Within 3 months after a person has served on an...
23If the acquiring authority do not take action in accordance...
24Where in accordance with paragraph 22 or 23 the notice...
25Where an acquiring authority take action in accordance with paragraph...
26Where in accordance with paragraph 22(c) an acquiring authority refer...
27(1) If on such a reference the Lands Tribunal does...
28Where by virtue of paragraph 22(a), 23, 25 or 27...
29(1) Where in accordance with paragraph 20(1) a person is...
Compensation
30Where any of the land specified in a general vesting...
31Sections 56 to 60 and sections 63 to 66 of...
Charges and tenancies
32(1) Where land specified in a general vesting declaration under...
33Where land specified in a general vesting declaration under this...
34Where any of the land specified in a general vesting...
Miscellaneous
35Where, after land has become vested in an acquiring authority...
36(1) The time within which a question of disputed compensation,...
37At the end of the period specified in a general...
Part IIIInterpretation
38(1) In this Schedule— “short tenancy” means a tenancy for...
39In this Schedule— “Acquisition Act 1947” means the Acquisition of...
SCHEDULE 16Procedure for making and confirming orders relating to roads and rights of way
Part IMaking orders
Procedure for making of orders by Secretary of State
1(1) Before making an order under section 202 or 206(1)(a)...
Procedure in anticipation of planning permission, etc.
2(1) Where the Secretary of State would, if planning permission...
Further procedure in anticipation of planning permission, etc.
3(1) Where a planning authority would, if planning permission for...
Part IIConfirmation of orders
Application
4(1) This Part shall have effect with respect to the...
Confirmation of orders made by other authorities
5(1) An order made under section 203 by a competent...
6(1) Before an order under section 203, 206(1)(b), 207 or...
7If no representations or objections are duly made, or if...
8(1) This paragraph applies where any representation or objection duly...
9(1) The Secretary of State shall not confirm an order...
10Regulations may, subject to this Part, make such provision as...
Part IIIPublicity for orders after confirmation
11(1) As soon as may be after an order under...
SCHEDULE 17Enforcement as respects war-time breaches by the crown of planning control
Preliminary
1In this Schedule— “authority” means an authority responsible for enforcing...
Making of compliance determination applications
2(1) A compliance determination application may be made with respect...
3A compliance determination application shall be accompanied by such plans...
4(1) The authority to whom a compliance determination application is...
Determination of applications
5(1) Where a compliance determination application is made to an...
Appeals against compliance determinations or failure to make such determinations
6(1) Where the applicant is aggrieved by a compliance determination,...
7(1) On such an appeal the Secretary of State may...
8Subject to paragraph 9 and to any determination or decision...
Fresh applications where alteration in circumstances
9Where a compliance determination has been given that works on...
References of application to Secretary of State
10(1) If it appears to the Secretary of State that...
Information
11The Secretary of State may give directions to any authority...
Opportunity for hearing
12(1) On a compliance determination application the applicant may require...
Notice of proposed enforcement
13(1) This paragraph applies where before the relevant date any...
Power of entry
14(1) At any time before the relevant date any officer...
Service of notices
15(1) Any notice or other document required or authorised to...
Supplementary provisions
16Parts XIII and XIV do not apply to section 251...
SCHEDULE 18Provisions of this Act referred to in sections 261 to 263
Part IProvisions referred to in sections 261(1) and (2) and 262(1)
Sections 4 to 22. Section 24. Section 26. Section 27(2)...
Part IIProvisions referred to in section 263(1)
. . . . . . . . . ....
TABLE OF DERIVATIONS
1Notes:
2The following abbreviations are used in the Table—
Acts of Parliament
3The Table does not show the effect of Transfer of...
4The Table does not give details of the effect of...
5“Sc Law Com Rec No.” followed by a number indicates...
SCHEDULE 19Local place plans
Preparation of local place plans
1(1) A community body may prepare a local place plan....
Submission of local place plans
2(1) A community body must comply with any prescribed requirements...
Register of local place plans
3(1) Every planning authority must keep a register of local...
Map of local place plans
4Every planning authority must make publicly available, in the manner...
Meaning of “community body”
5In this schedule, “ community body ” means—

Town and Country Planning (Scotland) Act 1997

1997 c. 8

An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3C4C5C6C7C8C9C10C11C12C13

Annotations:
Modifications etc. (not altering text)
C1

Act excluded (27.5.1997) by 1997 c. 9, ss. 45(4), 83(2)

Act modified (27.5.1997) by 1997 c. 9, ss. 64(2)(a), 83(2) (with s. 45(4))

Act: power to modify Act conferred (27.5.1997) by 1997 c. 9, ss. 67(8)(9), 83(2) (with s. 45(4))

Act amended (27.5.1997) by 1997 c. 9, ss. 81(4), 83(2) (with s. 45(4))

Act amended (27.5.1997) by 1997 c. 11, ss. 5, 6(2), Sch. 3 para. 8

Act applied (27.5.1997) by 1997 c. 11, ss. 1(2), 6(2)

Act applied (5.9.2002) by S.S.I. 2002/410, art. 57(3) (with arts. 59, 61)

C2

Act applied (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 74(1) (with ss. 76, 84)

C8

Act construed as one with S.I. 1994/2716, regs. 54-67 by virtue of S.I. 1994/2716, reg. 68(b) (as substituted (1.10.2009) by Conservation (Natural Habitats, &c.) (Amendment) (No.2) Regulations 2009 (S.I. 2009/2438), regs. 1(1), 6(2))

C10

Act applied in part (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 62(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.