Town and Country Planning (Scotland) Act 1954

1. Introductory Text

2. PART I Special Payments for Depreciation of Land Values

   1. 1. Payments by reference to established claims

   2. 2. Claim holdings, their areas and values, and apportionment of values between parts of areas

   3. 3. Payment where development charge incurred by claimholder or his predecessor in title (Case A)

   4. 4. Supplementary provisions relating to development charges

   5. 5. Payment where land compulsorily acquired or sold at price wholly or partly excluding development value (Case B)

   6. 6. Supplementary provisions relating to compulsory acquisitions and to sales

   7. 7. Payment where land disposed of by gift (Case C)

   8. 8. Payment where claim holding purchased (Case D)

   9. 9. Payment under Case A, B or C to person deriving title to claim holding from original claim-holder

   10. 10. Payments in cases analogous to Case B

   11. 11. Residual payments in cases analogous to Cases A and B

   12. 12. Payments not to exceed value of claim holdings

   13. 13. Applications for payments under Part I

   14. 14. Payments to be made by Central Land Board

   15. 15. Effect of payments on claim holdings

3. PART II Compensation for Refusal, or Conditional Grant, of Planning Permission

   1. 16. Scope of Part II

   2. 17. Unexpended balance of established development value

   3. 18. Reduction or extinguishment of balance

   4. 19. Right to compensation in respect of planning decisions

   5. 20. Compensation excluded in respect of certain matters

   6. 21. Compensation excluded if certain other development permitted

   7. 22. General provisions as to claims for compensation

   8. 23. Review of planning decisions where compensation claimed

   9. 24. Supplementary provisions as to review of planning decisions

   10. 25. General provisions as to amount of compensation

   11. 26. Measure of depreciation for assessing compensation

   12. 27. Determination of claims for compensation

   13. 28. Apportionment of compensation

   14. 29. Recording of notices relating to compensation

   15. 30. Recovery of compensation on subsequent development

4. PART III Compensation for Compulsory Acquisition of Land

   1. 31. Application of Part III

   2. 32. Compensation to include unexpended balance of established development value

   3. 33. Additional compensation for works

   4. 34. Protection for purchaser of interest subsequently acquired compulsorily

   5. 35. Compensation to take account of planning permission in certain other cases

   6. 36. Additional payments in cases where no claim for development value has been established

   7. 37. Compensation for severance, injurious affection and disturbance

   8. 38. Effect of Part III on unexpended balance of established development value

   9. 39. Assessment of compensation in certain cases

5. PART IV Compensation for Revocation or Modification of Planning Permission

   1. 40. Amendment of s. 20 of principal Act

   2. 41. Recording of notices as to, and apportionment of, compensation for depreciation

   3. 42. Exchequer contribution towards compensation in certain cases

   4. 43. Recovery, on subsequent development, of compensation under s. 20 of principal Act

6. PART V Compensation for Past Planning Decisions and Past Orders Revoking or Modifying Planning Permission

   1. 44. Scope of Part V

   2. 45. Right to compensation in respect of past planning decisions or past revocations and c. of planning permission

   3. 46. General provisions as to amount of compensation for past planning decisions, revocations and c

   4. 47. Claims for compensation under Part V, and review of past decisions and orders

   5. 48. Payment of compensation under Part V, and supplementary provisions relating thereto

7. PART VI Miscellaneous and Supplementary Provisions

   1. 49. Associated companies

   2. 50. Provision of information as to unexpended balance, and c

   3. 51. Cancellation or reduction of liability for development charges

   4. 52. Exchequer grants to local planning authorities

   5. 53. Supplementary provisions as to Exchequer grants

   6. 54. Recovery of certain sums from acquiring authorities

   7. 55. Compensation for damage to requisitioned land

   8. 56. Special provisions relating to minerals

   9. 57. Modification of mining leases granted before 18th November, 1952

   10. 58. Recovery, on subsequent development, of payments under s. 56 of principal Act

   11. 59. Applications for permission for industrial development

   12. 60. Assignations and settlements by will of claims under Part V of principal Act

   13. 61. Crown land

   14. 62. Consideration in respect of discharge of acquired land from feu-duty, ground annual, and c

   15. 63. Transfer to Secretary of State of functions of Central Land Board exercisable in Scotland

   16. 64. General financial provisions

   17. 65. General provisions as to calculation of value

   18. 66. Provision for diversion of payments

   19. 67. Application of miscellaneous provisions of principal Act

   20. 68. Provisions as to regulations

   21. 69. Interpretation

   22. 70. Minor and consequential amendments and repeals

   23. 71. Short title, citation, commencement and extent

8. SCHEDULES

   1. FIRST SCHEDULE

      Modification of provisions of principal Act as to development value

      1. Modification in certain cases where land acquired by public authority

         1. 1. (1) The three next following paragraphs shall have effect where...

         2. 2. Where any works for the erection or alteration of a...

         3. 3. Where after the notice to treat was served or the...

         4. 4. Where the acquisition or purchase was not completed until after...

         5. 5. Subsection (3) of section eighty-seven of the principal Act (which...

      2. Requisitioned land

         1. 6. Where land was requisitioned land on the first day of...

         2. 7. Where in the case of any requisitioned land the period...

      3. Compensation for abortive expenditure

         1. 8. Where the development value of an interest in land, determined...

      4. Other modifications

         1. 9. In determining the development value of an interest in land—...

         2. 10. Where, in determining the development value of an interest in...

         3. 11. Where a claim was made for a payment under the...

   2. SECOND SCHEDULE

      Claims assigned to Central Land Board as security for development charges

      1. 1. (1) In this Schedule, and in the other provisions of...

      2. 2. (1) Where a claim holding was assigned to the Central...

      3. 3. Without prejudice to the last preceding paragraph, where an assignation...

      4. 4. Where an assignation to the Central Land Board comprised only...

      5. 5. (1) The provisions of this paragraph shall have effect in...

   3. THIRD SCHEDULE

      Payments under section fifty-six of principal Act

      1. 1. (1) This Schedule applies to payments which have become payable,...

      2. 2. The provisions of this Schedule shall have effect where a...

      3. 3. If the payment area is identical with the area of...

      4. 4. (1) If the payment area forms part of the area...

      5. 5. If the payment area includes the area of the claim...

      6. 6. If the payment area includes part of the area of...

   4. FOURTH SCHEDULE

      Calculation of value of previous development of land

      1. 1. Where under any provision of this Act the value of...

      2. 2. The said value shall be calculated by reference to prices...

      3. 3. If the development was initiated in pursuance of planning permission...

      4. 4. If the permission referred to in the last preceding paragraph...

      5. 5. In the application of the preceding provisions of this Schedule...

   5. FIFTH SCHEDULE

      Apportionment of unexpended balance of established development value

      1. Determination of relevant area

         1. 1. (1) Where, in the case of a compulsory acquisition to...

      2. Preliminary calculations

         1. 2. In the case of the interest of the lessor under...

      3. Apportionment of unexpended balance between interests

         1. 3. Where two or more interests, other than excepted interests, subsist...

      4. Interpretation

         1. 4. In this Schedule the expression " lease " does not...

   6. SIXTH SCHEDULE

      Special classes of land for which planning permission is to be included in compensation on compulsory acquisition

      1. 1. Land which, on the date of service of the notice...

      2. 2. Land acquired by a local planning authority under Part I...

      3. 3. Land acquired by a development corporation under the New Towns...

      4. 4. Land which, on the date of service of the notice...

      5. 5. Land which, on the date of service of the notice...

      6. 6. Land to which section eighty-two of the principal Act applies...

      7. 7. Land which would have been such land as is referred...

      8. 8. Land to which, by virtue of a direction of the...

   7. SEVENTH SCHEDULE

      Compensation, on compulsory acquisition, for severance and injurious affection

      1. 1. In this Schedule the following expressions have the following meanings...

      2. 2. If neither the land affected, taken as a whole, nor...

      3. 3. If the land affected, taken as a whole, satisfies the...

      4. 4. If the land affected, taken as a whole, does not...

      5. 5. In calculating value for any of the purposes of the...

      6. 6. Where— (a) the compensation includes an amount paid in respect...

      7. 7. If in a case such as is mentioned in paragraph...

   8. EIGHTH SCHEDULE

      Enactments amended

      1. The Town and Country Planning (Scotland) Act, 1947

         (10 11 Geo. 6. c. 53)

         1. 1. In section eighteen, in subsection (4), at the end there...

         2. 2. In section ninety-one, in subsection (3), for the words "...

         3. 3. The following subsection shall be substituted for subsection (2) of...

         4. 4. In the Third Schedule— (a) in paragraph 1 of Part...

      2. The Town and Country Planning Act, 1953

         (1&2 Eliz. 2. c. 16)

         1. 5. In section two, in paragraph (b) of the proviso to...

   9. NINTH SCHEDULE

      Enactments repealed