Town and Country Planning (Scotland) Act 1954

16 Scope of Part II

(1) The provisions of this Part of this Act shall have effect for enabling compensation to be claimed in respect of planning decisions made after the commencement of this Act, whereby planning permission for the carrying out of new development of land to which this section applies is refused, or is granted subject to conditions.

(2) This section applies to any land in respect of which planning permission is refused, or is granted subject to conditions, by a planning decision, if, at the time of the planning decision, that land, or part of that land, has an unexpended balance of established development value.

(3) Where, on an application for planning permission for the carrying out of new development of land to which this section applies, a planning decision is made after the commencement of this Act whereby that permission is granted (whether unconditionally or not), and the Secretary of State certifies that he is satisfied that particular buildings or works to which the application related were only included therein because the applicant had reason to believe that permission for the other development to which the application related would not have been granted except subject to a condition requiring the erection or construction of those buildings or works, then, for the purposes of this Part of this Act—

(a) the application shall be deemed to have included, in place of those buildings or works, such other development of the land on which the buildings or works were to be erected or constructed as might reasonably have been expected to have been included having regard to the other development to which the application related ; and

(b) the permission shall be deemed to have been granted for the other development to which the application related subject to the condition aforesaid.

(4) In this Act the expression " planning decision " means a decision made on an application for planning permission, under Part II of the principal Act (which relates amongst other things to permission to develop land), and includes any decision deemed to have been so made by virtue of section seventy-four of the principal Act (which relates to development authorised under interim development orders before the commencement of that Act) or of section seventy-five of that Act (which relates to unfinished buildings), or by virtue of any of paragraphs 1, 2 and 3 of the Tenth Schedule to that Act (which relate to certain applications made under the Town and Country Planning (Scotland) Act, 1932), or by virtue of any regulations made under paragraph 13 of the said Schedule (which relates to certain applications under the Restriction of Ribbon Development Act, 1935); and, where as a consequence of any such decision a purchase notice has been served on the local planning authority under section seventeen of the principal Act, includes a planning permission granted, or a planning permission as varied, by the Secretary of State under that section on his consideration of that notice.

(5) In this Act the expression " new development " means any development other than development of a class specified in the Third Schedule to the principal Act (which relates to development included in the existing use of land).