Town and Country Planning (Scotland) Act 1947

Part VII Application to special Cases

72 Existing development contravening previous planning control

(1) Where any works on land existing at the appointed day were carried out, or any use to which land is put on that day was begun, in contravention of previous planning control, then, subject to the provisions of this section, the provisions of Part II of this Act with respect to enforcement notices shall apply in relation thereto as they apply in relation to development carried out after the appointed day without the grant of planning permission in that behalf:

Provided that an enforcement notice shall not be served by virtue of the provisions of this section in respect of any works or use (not being works or a use carried out or begun during the war period as defined by the Building Restriction (War-Time Contraventions) Act, 1946) at any time after three years from the appointed day.

(2) Where any such works as aforesaid were carried out, or any such use as aforesaid was begun, during the war period as defined by the Building Restrictions (War-Time Contraventions) Act, 1946, then—

(a) if, by virtue of the provisions of that Act or of any determination effected thereunder (whether before or after the appointed day), the works or use are deemed to comply- with planning control within the meaning of that Act, the provisions of this section shall not apply, or, as the case may be, shall cease to apply to those works or that use; and

(b) if it has been determined under that Act (whether before or after the appointed day) that the works or use shall not be deemed to comply with planning control within the meaning of that Act, subsection (3) of section twenty-one of this Act shall have effect;, in relation to any enforcement notice served in respect of the works or use by virtue of the provisions of this section, as if the proviso to that subsection were omitted.

(3) Where, by virtue of this section, an enforcement notice is served in respect of any works being government war works within the meaning of the Requisitioned Land and War Works Act, 1945, then, subject as hereinafter provided—

(a) if the steps required by the notice are taken by the owner, the lessee or the occupier of the land, any expenses reasonably incurred in that behalf shall be recoverable from the authority by whom the notice was served;

(b) if the steps required by the notice are taken by the said authority, that authority shall not be entitled, under section twenty-two of this Act, to recover the expenses incurred by them in that behalf:

Provided that where, under paragraph (b) of subsection (1) of section two of the Compensation (Defence) Act, 1939, compensation has been paid equal to the full cost (as estimated for the purposes of that compensation) of taking the steps required by the enforcement notice, the foregoing provisions of this subsection shall not apply; and where compensation has been paid under the said paragraph (b) (otherwise than as aforesaid), or under subsection (4) of section three of the said Act, in respect of the land, the amount which, by virtue of this subsection, is recoverable from the authority by whom the enforcement notice was served or, as the case may be, is not recoverable by that authority, shall be reduced so far as may be just having regard to the compensation so paid.

(4) The power of the local planning authority to grant planning permission for the retention on land of buildings or works constructed or carried out before the date of application, or tor the continuance of any use of land instituted before that date, shall include power to grant such permission in respect of any buildings or other works or use of land in respect of which that authority are empowered to serve an enforcement notice by virtue of the provisions of this section; and where permission is so granted, the foregoing provisions of this section shall cease to apply to the works or use to which the permission relates, but without prejudice to the application thereto of any provisions of Part II of this Act with respect to the contravention of conditions subject to which planning permission has been granted.

(5) In relation to an enforcement notice served by virtue of this section, subsection (4) of section twenty-one of this Act shall have effect as if for paragraph (a) thereof there were substituted the following paragraph:—

“(a) if satisfied that the works or use to which the notice relates are not works or a use to which section seventy-two of this Act applies, shall quash the notice to which the appeal relates”.

(6) Where an enforcement notice served by virtue of this section in relation to any land takes effect—

(a) the value of any interest therein for the purposes of the assessment of the compensation payable under Part IV of this Act on the compulsory acquisition thereof; and

(b) the development value of any interest therein for the purposes of Part V of this Act shall be calculated having regard to the requirements of the notice, and the assumptions required to be made for those purposes shall be modified accordingly.

(7) Where planning permission is granted for the continuance of any such use as is mentioned in subsection (1) of this section, then, notwithstanding anything in subsection. (2) of section sixty-six of this Act, no development charge shall be payable in respect of the continued use of the land in accordance with permission so granted.

(8) Provision may be made by regulations under this Act for applying the foregoing provisions of this section, subject to such adaptations and modifications as may be specified in the regulations, to works on land carried out, or uses of land begun, at any time before the appointed day, in contravention of any restriction in force under any enactment repealed by this Act (other than the enactments relating to town and country planning); and any such regulations may make such consequential provisions as the Secretary of State considers expedient, including provision for amending the Building Restrictions (War-Time Contraventions) Act, 1946 in its application to any such restriction as aforesaid:

Provided that where provision is made by such regulation for amending the said Act of 1946, the regulations shall be of no effect unless they are approved by resolution of each House of Parliament.

(9) For the purposes of this section works on land shall be deemed to have been carried out, and uses of land to have been begun, in contravention of previous planning control—

(a) where at the material time the land was subject to a resolution to prepare a planning scheme, if they were carried out or begun otherwise than in accordance with permission granted in that behalf by or under the interim development order;

(b) where at the material time the land was subject to a planning scheme, if they were carried out or begun otherwise than in conformity with the provisions of the scheme or of permission granted thereunder;

and where permission for any works or use was granted as aforesaid subject to conditions (in whatever form) restricting the period during which the works or use could be continued on the land, and that period has expired before the appointed day, the provisions of this section shall apply as if the works or use had been carried out or begun in contravention of previous planning control.

73 Existing development authorised subject to conditions

(1) Where any works on land existing at the appointed day or any use to which land is put on that day, has been authorised by a permission granted subject to conditions under a planning scheme or under an interim development order, the provisions of Part II of this Act shall apply in relation to those works or that use as if the conditions had been imposed on the grant of planning permission.

(2) Without prejudice to the generality of the foregoing subsection, where any such permission as aforesaid was granted subject to conditions (in whatever form) restricting the period for which the works or use may be continued on the, land, then, if that period has not expired at the appointed day and the works are not removed, or the use discontinued, at the expiration of that period, the provisions of Part II of this Act with respect to enforcement notices shall apply )n relation thereto as if the works had been carried out, or the use begun, as the case may be, at the expiration of that period and without the grant of planning permission in that behalf.

(3) The power of a local planning authority to grant planning permission for the retention on land of buildings or works constructed or carried out before the date of the application, or the continuance of any use of land instituted before that date, shall include power to grant such permission in respect of any works of use authorised by a permission granted subject to any such conditions as are mentioned in the last foregoing subsection; and where permission is so granted—

(a) the last foregoing subsection shall cease to apply to the works or use to which the permission relates, but without prejudice to the application thereto of any provisions of the said Part II with respect to the contravention of conditions subject to which planning permission has been granted;

(b) in a case where the permission authorises the retention of any works, subsection (4) of section sixty-six of this Act shall apply in relation to the retention of those works as if they had been erected or carried out in accordance with planning permission granted for a limited period only.

(4) The value of any interest in land to which any such permission as is mentioned in subsection (1) of this section relates for the purposes of the assessment of compensation payable under Part IV of this Act on the compulsory acquisition thereof and the development value of any such interest for the purposes of Part V of this Act shall be calculated having regard to the conditions subject to which the permission was granted and to the provisions of this section, and the assumptions required to be made for those purposes shall be modified accordingly.

(5) Where at any time before the appointed day it has been determined under the Building Restrictions (War-Time Contraventions) Act, 1946, that any works on land or any use of land shall be deemed to comply with planning control within the meaning of that Act subject to any conditions specified in the determination, the provisions of this section shall apply in relation to those works or that use, and in relation to any interest in the land in question, as if the said conditions had been imposed on the grant of permission under a planning scheme or under an interim development order; and, notwithstanding any breach of those conditions, the provisions of the last foregoing section shall not apply thereto.

(6) Provision may be made by regulations under this Act for applying the foregoing provisions of this section, subject to such adaptations and modifications as may be specified in the regulations, to works on land carried out, or uses of land begun, at any time before the appointed day, in accordance with permission granted subject to conditions under any enactment repealed by this Act (other than the enactments relating to town and country planning); and for the purposes of this provision any works or use in respect of which a notice has been served under subsection (1) of section one of the Restriction of Ribbon Development (Temporary Development) Act, 1943, or is deemed by virtue of subsection (4) of that section to have been so served, shall be treated as carried out or begun in accordance with permission granted subject to a condition restricting the period for which the works or use may be continued on the land.

74 General provisions as to development authorised under interim development orders on or after nth November, 1943

(1) Where permission for any development of land has been granted, at any time on or after the eleventh day of November, nineteen hundred and forty-three, and before the appointed day, on an application in that behalf made under an interim development order, then if and so far as that development has not been carried out before the appointed day and the permission granted as aforesaid is in force immediately before that day, planning permission shall be deemed by virtue of this section to be granted, in respect thereof subject to the like conditions (if any) as were imposed by the permission under the interim development order as in force as aforesaid:

Provided that this subsection shall not apply in relation to any development for which permission was required before the appointed day under the Restriction of Ribbon Development Act, 1935, unless that permission has also been granted.

(2) Subject to the provisions of the next following section in any case to which those provisions apply, no account shall be taken of the provisions of this section in calculating for the purposes of Part V of this Act the development value of any interest in land for the development of which permission is deemed to be granted by virtue of this section; and nothing in this section shall be construed as affecting the operation of Part VI of this Act in relation to any development in respect of which permission is deemed to be so granted.

(3) The provisions of section nineteen of this Act shall apply in relation to planning permission which is deemed to be granted by virtue of this section as if it had been granted on an application made in that behalf under Part II of this Act, and in relation to any order made under that section for the revocation or modification of any such permission any reference in subsection (2) of section twenty of this Act to the grant of permission shall be construed as a reference to the grant of the permission under the interim development order.

(4) Where permission for any development of land has been granted as mentioned in subsection (1) of this section, and permission for that development has also been granted under the Restriction of Ribbon, Development Act, 1935, then, if the permission so granted under the said Act of 1935 was granted subject to conditions, those conditions shall be treated for the purposes of this section as conditions imposed by the permission granted under the interim development order.

75 Unfinished buildings

(1) Subject to the provisions of this section, where any works for the erection or alteration of a building have been begun but not completed before the appointed day, then, if immediately before that day those works could have been completed in conformity with the provisions of a planning scheme or of permission granted thereunder or in accordance with permission granted by or under an interim development order, and if any permission required under the Restriction of Ribbon Development Act, 1935, for the carrying out of those works was granted, planning permission shall, by virtue of this section, be deemed to be granted in respect of the completion of those works.

(2) The permission deemed to be granted by virtue of this section shall be deemed to be so granted subject to any conditions applicable thereto, by or under the scheme or the permission granted by or under the interim development order, as the case may be, and to any conditions imposed by the permission granted under the Restriction of Ribbon Development Act, 1935, and shall include permission to use the building when erected or altered—

(a) where the purpose for which it could be so used was prescribed by or under the planning scheme or by the permission granted by or under the interim development order, as the case may be, for that purpose;

(b) in any other case, for the purpose for which the building, or the building as altered, is designed.

(3) The development value of land for the development of which permission is deemed to be granted by virtue of this section shall be calculated for the purposes of Part V of this Act as if that development had been completed immediately before the appointed day, and no development charge shall be payable in connection with that development.

(4) In relation to any such works as are mentioned in subsection (1) of this section, being works in respect of which permission was granted on or after the eleventh day of November, nineteen hundred and forty-three, on an application in that behalf made under an interim development order, the provisions of this section shall have effect in substitution for the provisions of the last foregoing section.

76 Compensation for abortive expenditure on refusal of planning permission for other development authorised before appointed day

(1) Where an application is made within six months after the appointed day for planning permission to complete or carry out any buildings or works begun or contracted for before that day, and that permission is refused by the Secretary of State, either on appeal or on the reference of the application to him for determination, or is so granted by him subject to conditions, then if, on a claim made to the local planning, authority within the time and in the manner prescribed by regulations under this Act it is shown—

(a) that the buildings or works in question were begun or contracted for in conformity with the provisions of a planning scheme, or of permission granted thereunder, or in accordance with permission granted, at any time before the eleventh day of November, nineteen hundred and forty-three, by or under an interim development order; or

(b) that the buildings or works in question were begun or contracted for at a time when no resolution to prepare or adopt such a scheme had taken effect; and

(c) that the applicant has incurred expenditure in carrying out work which is rendered abortive by the refusal or conditions, or has entered into a contract for any work which is abandoned in consequence thereof,

that authority shall pay to the applicant compensation equal to the expenditure so incurred or, as the case may be, to any sum reasonably paid by him in the discharge of any liability arising- under the contract in respect of the abandonment of the work.

(2) For the purposes of the last foregoing subsection, any expenditure incurred in the preparation of plans for the purposes of any work or upon any similar matters preparatory thereto shall be deemed to be included in the expenditure incurred in carrying out that work, but except as aforesaid no compensation shall be paid under the said subsection in respect of anything done for the purposes of any such buildings or works as are mentioned in paragraph (a) of subsection (1) of this section if it was done before the following date, that is to say—

(a) where the building or work was authorised by permission granted under a planning scheme or by or under an interim development order, the date on which permission was so granted;

(b) where the building or work was otherwise begun or contracted for in conformity with a planning scheme, the date on which that scheme came into force.

(3) Any compensation payable under this section in respect of an interest in land shall be payable in addition to any compensation payable under Part II of this Act in respect of that interest in consequence of the refusal of the permission or the grant thereof subject to conditions:

Provided that no account shall be taken, in assessing the compensation payable as aforesaid under the said Part II (whether in respect of the compulsory acquisition of the said interest or otherwise), of the value of any works in respect of which compensation is payable under this section.

77 Land ripe for development before the appointed day

(1) Where planning permission is granted in respect of any development consisting of the erection, extension or alteration of buildings, or is deemed by virtue of section seventy-four of this Act to be so granted, then if the Secretary of State is satisfied, on application made to him within one year after the appointed day or within such extended period as the Secretary of "State may in any particular case allow—

(a) that the development values of interests in the land, as required to be ascertained in accordance with the provisions of Part V of this Act and without regard to the provisions of this section would be wholly or mainly attributable to the prospects of that development at the appointed day, and

(b) that a building contract made in relation to that development within the period of ten years before the seventh day of January, nineteen hundred and forty-seven, was in force on the appointed day, or that an application for permission to build had been made in respect thereof within that period,

he shall certify accordingly:

Provided that if it appears to the Secretary of State that proceedings should be taken with a view to the revocation of the permission granted or deemed to be granted as aforesaid, he may postpone the issue of a certificate pending the taking of such proceedings, and if the permission is revoked he shall not be required to issue the certificate.

(2) Where a certificate is issued under this section, then—

(a) in calculating for the purpose of Part V of this Act the development value of any interest in the land to which the certificate relates, no account shall be taken of any value attributable to the prospects of the development specified in the certificate; and

(b) no development charge shall be payable under Part VI of this Act in respect of that development if carried out within such period, if any, as may be prescribed by the certificate.

(3) For the purposes of this section—

(a) the expression " building contract ", in relation to any development, means a contract made between a person for the time being interested in the land and any other person, under which that other person undertakes to carry out the whole or substantially the whole of the building operations to be carried out in the course of that development; and

(b) the expression " application for permission to build ", in relation to any development, means the submission by a person for the time being interested in the land of plans of the buildings proposed to be erected, extended or altered in the course of the development to the proper local or other authority, in order to comply with the requirements of any enactment, byelaws, rules, regulations or other provisions under whatever authority made requiring plans to be so submitted or the consent of such authority to be obtained for the erection, extension or alteration of buildings.

78 Mineral workings

(1) In relation to development consisting of the winning and working of minerals, the provisions of this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

(2) Without prejudice to the generality of the foregoing provision, any such regulations as aforesaid may provide for securing—

(a) that in the case of such land as may be prescribed by or under the regulations, no development charge shall be payable in respect of the winning and working of any minerals in the land during a period of three years after the appointed day;

(b) that the restricted and the unrestricted values of any interest in such land as is mentioned in the foregoing paragraph shall be calculated for the purposes of Part V of this Act as if any operations carried out for the winning and working of minerals during the said period of three years had been carried out before the appointed day;

(c) that the amount of any development charge payable in respect of the winning and working of minerals in accordance with planning permission granted or deemed to have been granted shall be calculated by reference to the amount of minerals got from time to time in accordance with such permission.

(3) Regulations made for the purpose of this section shall provide for securing—

(a) that where a development charge is payable in respect of the winning and working of minerals comprised in a mining lease which was in force on the appointed day, the terms of the lease may be varied, by such tribunal as may be prescribed by the regulations, so far as may be just having regard to the amount of the charge;

(b) that where a development charge is payable in respect of the winning and working of minerals authorised by an Order made under Part I of the Mines (Working Facilities and Support) Act, 1923, the provisions of the Order may be varied by the Railway and Canal Commission so far as may be just having regard to the amount of the charge.

(4) Where a development plan provides that any land is to be used for the purpose of securing the winning and working of any minerals comprised therein, then, without prejudice to the powers conferred by Part III of this Act in relation to land designated by such a plan as subject to compulsory acquisition, the provisions of the Mines (Working Facilities and Support) Act, 1923, shall have effect in relation to the land subject to such modifications as may be prescribed by regulations made under this Act by the Secretary of State and the Minister of Fuel and Power, and such regulations may in particular provide for securing—

(a) that a right to work any minerals in the land may be granted by the Railway and Canal Commission under the said Act to any person who is desirous of working them, either by himself or through his lessees, and who is unable to obtain the necessary rights by agreement on reasonable terms;

(b) that for the purposes of the determination by the Commission of an application for any such right, it shall be assumed that the winning and working of the minerals is expedient in the national interest; and

(c) that the compensation or consideration in respect of any such right which is granted by the Commission shall be assessed having regard to the amount of the compensation which would be payable in respect of a compulsory acquisition of the minerals under Part III of this Act.

(5) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

(6) The provisions of this section and of any regulations made thereunder shall not apply to the winning and working of any such minerals as are mentioned in paragraph 3 or paragraph 4 of Part II of the Third Schedule to this Act, or to the winning and working of any minerals vested in the National Coal Board, and nothing in this section shall be construed as affecting the prerogative right of His Majesty to any gold or silver mine.

79 Land held by local authorities for general statutory purposes

(1) This section applies to land for the time being held by a local authority for the purposes of any of their functions as such, not being—

(a) land to which the next following section applies;

(b) land held by the local authority for the purpose of any statutory undertaking carried on by them; or

(c) land of any class excepted from the provisions of this section by regulations made under this Act.

(2) No payment shall be made under Part V of this Act to a local authority in respect of any interest in land which, on the appointed day, is land to which this section applies.

(3) In the case of land which, on the appointed day, was land to which this section applies, no development charge shall be payable in respect of any operations carried out on the land, or in respect of any use of the land, while the land remains land to which this section applies.

(4) If by reason of an appropriation, sale, feu or lease, any land which on the appointed day was land to which this section applies ceases to be such land, no development charge shall be payable in respect of any development of the land for which planning permission had been granted at the time of the appropriation, sale, feu or lease.

(5) Where any land to which this section applies is compulsorily acquired under this or any other Act, in pursuance of a notice to treat served on or after the appointed day, then, in assessing the compensation payable in respect of the acquisition, it shall be assumed—

(a) that planning permission would be granted for any development by virtue of which the use of the land would be made to correspond with the use which prevails generally in the case of contiguous or adjacent land; and

(b) that no development charge would be payable in respect of any such development.

80 Land acquired by local planning authorities and development corporations for comprehensive development or re-development

(1) No payment shall be made under Part V of this Act in respect of any interest in land, being—

(a) the interest of a local planning authority in land acquired or appropriated by that authority under Part I of the Act of 1945 for the purposes of the development or redevelopment of any area as a whole; or

(b) the interest of a development corporation in land acquired by the corporation under the New Towns Act, 1946,

and where a local planning authority or a development corporation have before the appointed day disposed of an interest in any such land, no payment shall, be made under the said Part V in respect of that interest.

(2) No development charge shall be payable in respect of the following operations or uses of land, that is to say:—

(a) any operations carried out by a local authority, being a local planning authority, on any such land as is mentioned in paragraph (a) of the foregoing subsection or on any land acquired or appropriated by that authority under Part III of this Act for the purposes of the development or redevelopment of any area as a whole, or any use by that authority of any such land as aforesaid;

(b) any operations carried out by a development corporation on land acquired by the corporation under the New Towns Act, 1946, whether before or after the appointed day, or any use by a development corporation of any such land;

and where any such land as aforesaid has been disposed of by the local planning authority or development corporation, whether before or after the appointed day, no development charge shall be payable as aforesaid in respect of the carrying out of any operations on the land or the institution of any use of the land, .for which planning permission had been granted at the time of the disposal, or, in the case of land disposed of before the appointed day, in respect of the carrying out of any operations on the land or the institution of any use of the land carried out or instituted in accordance with the terms of the deed by which the land was disposed of.

(3) In respect of any such operations or uses of land as are mentioned in the last foregoing subsection, the local planning authority or development corporation shall from time to time pay to the Central Land Board such sums, if any, in lieu of development charges, as the Secretary of State may, with the consent of the Treasury, determine:

Provided that the Secretary of State may, with the like consent, direct the Board to repay from time to time the whole or any part of any sums so paid.

(4) Any sums received by the Central Land Board under the last foregoing subsection shall be paid into the Exchequer, and any sums required by the Central Land Board for the repayment of sums so received shall be defrayed out of moneys provided by Parliament.

81 Operational land of statutory undertakers

(1) No payment shall be made under Part V of this Act in respect of the interest of any statutory undertakers in land which, on the appointed day, is operational land.

(2) In the/case of land which, on the appointed day, was operational land, no development charge shall be payable in respect of any operations carried out on the land by the statutory undertakers, or in respect of any use of the land by them, while the land remains operational land.

(3) Where any land which, on the appointed day, was operational land ceases at any time thereafter to be operational land, no development charge shall be payable in respect of—

(a) the use of that land for the purpose which prevails generally in the case of contiguous or adjacent land,

(b) the carrying out of any operations necessary for the purpose of making that use of that land,

if the use is instituted, or the operations carried out, as the case may be, within such period after the cessation as may be prescribed by regulations under this Act.

(4) Where any operational land of statutory undertakers is compulsorily acquired, under this or any other Act, in pursuance of a notice to treat served on or after the appointed day, then if the compensation payable in respect of the acquisition is assessed in accordance with section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, it shall be assumed—

(a) that planning permission would be. granted for any development by virtue of which the use of the land would be made to correspond with the use which prevails generally in the case of contiguous or adjacent land; and

(b) (whether or not the provisions of the last foregoing subsection are applicable to the land in question) that no development charge would be payable in respect of any such development.

82 Land held for charitable purposes

(1) This section applies to land an interest in which is held for charitable or ecclesiastical purposes of any description if the land, as distinct from the rents and profits thereof is used in any manner (including use in a manner involving the beneficial occupation of the land by any person) for or in connection with the purposes for which the said interest is held, and not otherwise, or if the land would be so used but for the occurrence of war damage or but for the fact that the land is for the time being requisitioned land.

(2) No payment shall be made under Part V of this Act in respect of any such interest as aforesaid in land which, on the appointed day, is land to which this section applies; and no development charge shall be payable under Part VI of this Act in respect of any operations carried out on such land by the person entitled to any such interest for or in connection with the purposes for which that interest is held or in respect of any use of the land by that person for those purposes.

(3) Where any land which, on the appointed day, was land to which this section applies ceases at any time thereafter to be such land, no development charge shall be payable under Part VI of this Act in respect of any development by virtue of which the use of the land is made to correspond with the use which prevails generally in the case of contiguous or adjacent land, if planning permission for that development has been granted under Part II of this Act before the land ceases to be land to which this section applies.

(4) Where any Such interest as is mentioned in subsection (1) of this section in land to which this section applies is compulsorily acquired under this or any other Act in pursuance of a notice to treat served on or after the appointed day, then if'—

(a) the land was land to which this section applies on the appointed day; or

(b) the land is being used at the time of the notice to treat for a purpose of such a nature that there is no general demand or-market for land for that purpose,

it shall be assumed, in assessing the compensation payable in respect of the acquisition of the said interest, that planning permission would be granted under Part II of this Act for any development by virtue of which the use of the land would be made to correspond with the use which prevails generally in the case of contiguous or adjacent land, and that no development charge would be payable under Part VI of this Act in respect of any such development.

(5) If, upon application made to him at any time within three years after the appointed day, the Secretary of State is satisfied—

(a) that any interest in land was held on that day for charitable or ecclesiastical purposes of any description, but that the land was not then used in any such manner as is mentioned in subsection (1) of this section; and

(b) that it is reasonable, having regard to any proposals for its future use, that the land should be treated for the purposes of this section as if it had been so used,

he may, if he thinks fit, direct that the foregoing provisions of this section shall have effect in relation to the land, so long as that interest is so held, as if the land were land to which this section applies and had been such land on the appointed day:

Provided that subsection (3) of this section shall not apply by virtue of any such direction if the interest in question ceases to be held for charitable or ecclesiastical purposes before the land has been actually used in the manner aforesaid.

(6) For the purposes of subsection (1) of this section any interest in land which is held by the National Trust for Scotland shall be deemed to be used for the purposes for which that interest is held, and not otherwise, if, and only if, that interest is held by the Trust inalienably.

83 Crown Land

(1) In this and the next following section the expression " Crown land " means land an interest in which belongs to His Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

(2) Notwithstanding any interest of the Crown in land being Crown land as defined by this section but subject to the following provisions of this section.—

(a) a development plan may include proposals relating to the use of the land and may designate the land as subject to compulsory acquisition, and any power to acquire land compulsorily under Part III of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

(b) any restrictions and powers imposed and conferred by Part II of this Act shall apply and be exercisable in relation to the land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown, and the provisions of that Part, and of Parts V, VI and VII of this Act shall have effect accordingly.

(3) Except with the consent of the appropriate authority as denned by this section—

(a) no notice or order shall be served or made under section twenty-one, twenty-four, twenty-six, twenty-seven or thirty-one of this Act (or under any of those provisions as applied by any order or regulations made under Part II of this Act) in relation to land which for the time being is Crown land;

(b) no building which is for the time being Crown land shall be included in any list compiled or approved under section twenty-eight of this Act;

(c) no interest in land which is for the time being Crown land shall be acquired compulsorily under Part III of this Act.

(4) No purchase notice shall be served under section seventeen of this Act in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose thereof to the appropriate authority on terms that the price payable therefor shall be equal to and shall be determined, in default of agreement, in like manner as the compensation which would be payable in respect of that interest if it were acquired in pursuance of such a notice, and that offer has been refused by that authority.

(5) No notice shall at any time be served under section twenty-one of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

(6) For the purposes of this and the next following section, the expression " the appropriate authority ", in relation to any land, means—

(a) in the case of land belonging to His Majesty in right of the Crown, the Commissioners of Crown Lands or other government department having the management of the land in question; and

(b) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

84 Agreements and arrangements relating to Crown land

—The appropriate authority and the local planning authority for the district in which any Crown land is situated may make agreements for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto (or, during any period before such a plan has become operative with respect to the land, in conformity with the requirements of the proper planning of that district), and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement:

Provided that—

(a) an agreement made under this section by the Commissioners of Crown Lands or by any government department shall be of no effect unless it is approved by the Treasury; and f:

(b) in considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for His Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

85 Requisitioned land

(1) For the purposes of Part V of this Act, the development value of any interest in land which is requisitioned land on the appointed day shall be calculated as if the land had been on that day in the state in which it was immediately before the beginning of the period of requisition, and accordingly, in relation to any such interest, the second reference to the appointed day in subsection (5) of section fifty-eight of this Act, and any reference to that day in the Third Schedule to this Act, shall be construed as a reference to the beginning of the period of requisition:

Provided that—

(a) where a payment in respect of the value of any buildings or works erected or constructed on the land during the period of requisition has been or is required to be made to a Minister by any person interested in the land in pursuance of an agreement made between them or where any such buildings or works were otherwise erected or constructed wholly or partly at the expense of any such person, those buildings or works shall be treated for the purposes of this subsection as having been erected or constructed immediately before the beginning of the period of requisition; and

(b) in calculating the development value of any interest in the land, such adjustments as may be appropriate shall be made in respect of any development carried out during the period of requisition, being development in respect" of which compensation is payable under the Compensation (Defence) Act, 1939, or under regulations made under the Emergency Powers (Defence) Act, 1939.

(2) Where any payment falls to be made under section fifty-five of this Act in respect of any interest in land which is requisitioned land on the appointed day, any payment in respect of the value of any works on the land made to a Minister under Part II of the Requisitioned Land and War Works Act, 1945, in pursuance of a report of the War Works Commission, may include such sum as that Commission may think just, not exceeding the amount of the payment to be made under the said section fifty-five, in respect of any increase in the value of the interest in the land which is attributable to the carrying out of the works.

(3) In this section the expression " requisitioned land " means land of which possession has been taken on behalf of His Majesty in the exercise or purported exercise of emergency powers (that is to say powers conferred by regulations made under the Emergency Powers (Defence) Act, 1939, by section fifty-two of the Telegraph Act, 1863, or by section seven of the Air Navigation Act, 1920, or exercisable by virtue of the prerogative of the Crown); and the expression " period of requisition " in relation to requisitioned land means the period during which possession of the land under such powers taken as aforesaid continues.

86 Property of National Coal Board

(1) Regulations made under this Act by the Secretary of State and the Minister of Fuel and Power with the consent of the Treasury may direct that any of the provisions of this Act relating to statutory undertakers and to land of such undertakers shall apply, subject to such adaptations, modifications and exceptions as may be specified in the regulations, in relation to the National Coal Board, and in relation to land (including mines) of that Board of any such class as may be specified in the regulations, as if the Board were statutory undertakers and as if the land of any class so specified were operational land within the meaning of this Act.

(2) Without prejudice to the generality of the foregoing subsection, any regulations made for the purposes of that subsection may in particular provide that any compensation payable to the National Coal Board by virtue of any of the provisions applied by those regulations, being compensation which, in the case of statutory undertakers, would be assessable in accordance with the provisions of the Fourth Schedule to the Act of 1945, shall, in lieu of being so assessed, be assessed in accordance with the provisions of the regulations.

87 Land acquired by notice to treat served before appointed day

(1) Where any interest in land is compulsorily acquired on or after the appointed day by any authority or person in pursuance of a notice to treat served before the passing of this Act, the provisions of this Act and of any scheme made under Part V of this Act shall apply in relation to that interest as if the purchase had been completed immediately before the appointed day.

(2) Where any interest in land is compulsorily acquired before the appointed day by any government department or local or public authority within the meaning of the Acquisition of Land (Assessment of Compensation) Act, 1919, in pursuance of a notice to treat served after the passing of this Act, then—

(a) the provisions of Part V of this Act and of any scheme made thereunder shall have effect in relation to the land as if that interest had been subsisting on the appointed day with all incidents to which it was subject immediately before the date of the notice to treat, as if the land had been on the appointed day in the same state as it was immediately before the date of the notice to treat, and as if the person who was entitled thereto immediately before the date of the notice to treat had been entitled thereto on the appointed day; and

(b) except as aforesaid, no payment shall be made under the said Part V in respect of the interest so acquired, or in respect of any interest derived therefrom; and

(c) subject as hereinafter provided, nothing in this Part of this Act shall be construed as exempting from the payment of a development charge any operations carried out on the land by the person entitled to any such interest, or any use of the land by any such person:

Provided that paragraph (c) of this subsection shall not apply to any operations or uses of land which are exempted from the payment of a development charge by virtue of any of the provisions of section eighty of this Act.

(3) Where any interest in land is compulsorily acquired (whether before, on or after the appointed day) in pursuance of a notice to treat served after the passing of this Act, then—

(a) where the compensation payable in respect thereof falls to be calculated in accordance with any of the provisions of sections forty-nine to fifty-one of this Act, that provision shall apply, subject to any necessary modifications, for the purpose of calculating under Part V of this Act the restricted and the unrestricted values of that interest,

(b) where the compensation so payable falls to be assessed in accordance with Rule (5) of the rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by subsection (2) of section fifty-three of this Act, the provisions of the said Rule (5), as so amended, shall apply, subject to any necessary modifications, for the purpose of calculating under the said Part V the restricted value of that interest;

and any calculation of those values previously made under the said Part V shall be adjusted accordingly.

(4) Subject as hereinafter provided, the foregoing provisions of this section shall apply where an interest in land is acquired by agreement by any authority or person who have power or could be authorised to acquire that interest compulsorily under any enactment, as they apply where an interest in land is compulsorily acquired, and in relation to any such acquisition any reference in those provisions to the service of notice to treat shall be construed as a reference to the making of the contract, and the reference in the last foregoing subsection to compensation payable in respect of the compulsory acquisition shall be construed as a reference to the compensation which would be so payable if the land were compulsorily acquired:

Provided that—

(a) the provisions of section fifty of this Act shall not apply for the purpose of calculating the restricted and the unrestricted values of any interest acquired as aforesaid except in the cases provided by subsection (2) of that section, or by that section as extended by subsection (1) of section fifty-two of this Act;

(b) the provisions of Rule (5) of the rules set out in section two of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by subsection (2) of section fifty-three of this Act, shall not apply for the purpose of calculating the restricted value of any interest acquired as aforesaid except in the cases provided by subsection (3) of the said section fifty-three; and

(c) where any interest in land is acquired as aforesaid before the appointed day in pursuance of a contract made after the passing of this act the contract may provide that subsections (2) and (3) of this section shall not apply.

88 Determination of questions under Part VII

Any question whether land is land to which section seventy-nine, eighty of eighty-two of this Act applies shall be determined by the Secretary of State:

Provided that, before determining under this section any question whether any land is land to which section eighty-two of this Act applies, the Secretary of State may, and shall if the Court of Session so requires, state a case for the opinion of the Court of Session on the question whether an interest in that land is held for ecclesiastical or charitable purposes.