Housing and Town Development (Scotland) Act 1957

10 Town development schemes. S

(1) Where a receiving authority consider it expedient that, in conjunction with any housing accommodation proposed to be provided [F1 or already provided] in their district in pursuance of arrangements such as are mentioned in subsection (1) of section eight of this Act there should be carried out other development, including the provision of all or any of the following, namely, accommodation for the carrying on of industrial or other activities, appropriate public services, facilities for public worship, recreation and amenity and other requirements, they may, subject to the following provisions of this Part of this Act, make and submit to the Secretary of State a scheme containing proposals for that development related to the proposals as to the housing accommodation [F1 and related also to the housing accommodation already provided, if any]; and on approval by the Secretary of State any such scheme (hereinafter referred to as a “town development scheme”) shall have effect for the purposes of this Part of this Act, and any duty which it proposes should be undertaken by the receiving [F2 authority or Scottish Water] shall be a duty of that authority [F3 or, as the case may be, Scottish Water].

(2) A town development scheme may be extended or amended by a subsequent town development scheme.

(3) The provisions of the Second Schedule to this Act shall have effect with respect to the contents, submission and approval of, and other matters connected with, town development schemes.

(4) The Secretary of State shall not approve any town development scheme unless he is satisfied—

(a) that the execution of the scheme will be consistent with the proper planning of the area to which the scheme relates, and

(b) that if he were to withhold approval the development proposed therein, either by itself or along with commitments already undertaken or proposed to be undertaken by way of overspill agreements or other town development schemes by the receiving authority, would impose an unreasonable burden on the financial resources of the receiving authority.

(5) Subject to the foregoing provisions of this section and to the provisions of the Second Schedule to this Act, the Secretary of State may approve a town development scheme without modification or with such modifications as appear to him to be expedient, so however that no such modification shall impose on any authority [F4 or Scottish Water] any duty other than a duty relating to any water supply or sewerage service required for the purposes of the scheme.

(6) References in this Part of, and in the Second Schedule to, this Act to a receiving or exporting authority in relation to a town development scheme are references respectively to the receiving authority who promoted, or are promoting, the scheme and to the exporting authority to meet the needs of whose district the housing accommodation to which the scheme relates is, or is to be, provided.

Textual Amendments

F1 Words inserted by Housing Act 1964 (c. 56), s. 100

F2 Words in s. 10(1) substituted (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 2(2)(a)(i)

F3 Words in s. 10(1) inserted (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 2(2)(a)(ii)

F4 Words in s. 10(5) inserted (25.6.2003) by Water Industry (Scotland) Act 2002 Consequential Provisions) Order 2003 (S.S.I. 2003/331), art. 1, Sch. para. 2(2)(b)