Town and Country Planning (Scotland) Act 1954

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

(1) The provisions of sections twenty-two and twenty-seven of this Act shall, with the necessary modifications, apply for the purposes of this Part of this Act:

Provided that subsection (2) of the said section twenty-two shall so apply with the substitution, for the reference to the date of the planning decision, of a reference to the commencement of this Act.

(2) The following provisions of this section shall have effect where one or more claims for compensation under this Part of this Act have been received by the Secretary of State and the claim, or (if there is more than one) one or more of the claims, has not been withdrawn.

(3) If the claim is in respect of a refusal of permission or of a grant of permission subject to conditions, and it appears to the Secretary of State that, if an application for the like planning permission were made, and were referred to him for determination, he would make a decision more favourable to the applicant, the Secretary of State may give a direction substituting that decision for the planning decision to which the claim relates.

In this subsection, the reference to a decision more favourable to the applicant shall be construed—

(a) in relation to a refusal of permission, as a reference to a decision granting the permission, either unconditionally or subject to conditions, and either as respects the whole or as respects part of the land to which the application for permission related ; and

(b) in relation to a grant of permission subject to conditions, as a reference to a decision granting the permission applied for unconditionally or subject to less stringent conditions.

(4) If the claim is in respect of a refusal of planning permission, or an order revoking planning permission, and it appears to the Secretary of State that permission could properly be granted for some development of the land in question, other than the development to which the application for permission related, the Secretary of State may give a direction that the provisions of the principal Act, and of this Act, shall have effect in relation to that application, and to the planning decision or order to which the claim relates, as if that decision or order had been a decision of the Secretary of State which included an undertaking to grant planning permission for that development.

(5) The provisions of section twenty-four of this Act shall, with the necessary modifications, apply for the purposes of this section.