Town and Country Planning (Scotland) Act 1954

44 Scope of Part V

(1) The provisions of this Part of this Act shall have effect for enabling compensation to be claimed in respect of—

(a) planning decisions made before the commencement of this Act, whereby permission for the carrying out of new development of land to which this section applies was refused, or was granted subject to conditions;

(b) orders made before the commencement of this Act under section nineteen of the principal Act, whereby permission for the carrying out of new development of land to which this section applies was revoked or modified.

(2) This section applies to any land to which the planning decision or order related which satisfies the following conditions, that is to say—

(a) that at the time of the planning decision or order in question the land constituted the area, or part of the area, of a claim holding, and

(b) that the claim holding referred to in the preceding paragraph, or, where by virtue of any provision of this Act two or more separate claim holdings have been constituted thereout, one or more of those separate holdings whose area consisted of or included that land, was still subsisting at the commencement of this Act;

and in this Part of this Act, in relation to a claim for compensation in respect of any such claim holding so subsisting as aforesaid, any such land is referred to as " qualified land " and the claim holding is referred to as " the relevant holding ".

(3) Subsection (3) of section sixteen of this Act shall have effect for the purposes of this Part of this Act as it has effect for the purposes of Part II of this Act, with the substitution for the reference to a planning decision made after the commencement of this Act of a reference to a planning decision made before the commencement of this Act.