Town and Country Planning (Scotland) Act 1954

Section 70.

EIGHTH SCHEDULE Enactments amended

The Town and Country Planning (Scotland) Act, 1947(10 11 Geo. 6. c. 53)

1 In section eighteen, in subsection (4), at the end there shall be added the words " if Part III of the Town and Country Planning (Scotland) Act, 1954, had not been passed ".

2 In section ninety-one, in subsection (3), for the words " either of the two last foregoing sections ", there shall be substituted the words " section eighty-nine of this Act ".

3 The following subsection shall be substituted for subsection (2) of section one hundred and eight:—

“(2) For the purposes of paragraph 1 of Part II of the said Third Schedule—

(a) the erection on land within the curtilage of any such building as is mentioned in that paragraph of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building ; and

(b) where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in the said paragraph 1 to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.”

4 In the Third Schedule—

(a) in paragraph 1 of Part I, after the words " such building)" there shall be inserted the words " and of any other building in existence at a material date, being a building erected after the appointed day ";

(b) in paragraph 2 of Part I and paragraphs 2 and 7 of Part II, for the words " on the appointed day " there shall in each case be substituted the words " at a material date ";

(c) in paragraph 5 of Part II, for the words " on the appointed day " there shall be substituted, in the first place where those words occur, the words " at a material date " and, in the second place where those words occur, the words " on and at all times since the appointed day " ;

(d) in paragraph 6 of Part II, for the words " on the appointed day " in the first place where they occur there shall be substituted the words " at a material date ", and after the said words in the second place where they occur there shall be inserted the words " or on the day thereafter when the buildings began to be so used ";

(e) after paragraph 7 of Part II, there shall be added the following—

“PART III

1 In this Schedule, the expression " at a material date " means at either of the following dates, that is to say—

(a) the appointed day ; or

(b) the date by reference to which this Schedule falls to be applied in the particular case in question:

Provided that sub-paragraph (b) of this paragraph shall not apply in relation to any building, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

2 Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part II of this Act limiting the period for which those buildings or works may be retained or that use may be continued is of effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.”

The Town and Country Planning Act, 1953(1&2 Eliz. 2. c. 16)

5 In section two, in paragraph (b) of the proviso to subsection (1), for the words " pending the coming into operation of such an Act" there shall be substituted the words " subject to the provisions of the Town and Country Planning (Scotland) Act, 1954 ".