Land Compensation (Scotland) Act 1963

23 Assumptions not directly derived from development plans. S

(1) In a case where—

(a) the relevant interest is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for development of the relevant land or part thereof, and

(b) on the date of service of the notice to treat there is not in force planning permission for that development,

it shall be assumed that planning permission would be granted, in respect of the relevant land or that part thereof, as the case may be, such as would permit development thereof in accordance with the proposals of the acquiring authority.

(2) For the purposes of paragraph (b) of the preceding subsection, no account shall be taken of any planning permission so granted as not to enure (while the permission remains in force) for the benefit of the land and of all persons for the time being interested therein.

[F1 (3) Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted—

(a) subject to the condition set out in [F2 Schedule 12 to the Town and Country Planning (Scotland) Act 1997]], for any development of a class specified in [F2 paragraph 1 of Schedule 11 to that Act]; and

(b) for any development of a class specified in [F2 paragraph 2 of Schedule 11 to that Act].

(4) Notwithstanding anything in subsection (3) of this section—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where, at any time before the said date, an order was made under [F4 section 71 of the said Act of 1997], in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation became payable in respect of that order under [F4 section 83 of that Act] of that Act, it shall not by virtue of the said subsection (3) be assumed that planning permission would be granted, in respect of the relevant land or that part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.

(5) Where a certificate is issued under the provisions of Part IV of this Act, it shall be assumed that any planning permission which, according to the certificate, [F5 would have been] granted in respect of the relevant land or part thereof [F6 if it were not proposed to be acquired by any authority possessing compulsory purchase powers] would be so granted, but, where any conditions are, in accordance with those provisions, specified in the certificate, only subject to those conditions and, if any future time is so specified, only at that time.

Textual Amendments

F1 S. 23(3) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 60(6), Sch. 12 para. 1(1)(a), (with s. 84(5)); S.I. 1991/2092, art. 3

F2 Words in s. 23(3) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(3)(a)

F3 S. 23(4)(a)(b) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), ss. 60(6), 84(6), Sch. 12 para. 1(1)(b), Sch, 19 Pt. IV (with s. 84(5)); S.I. 1991/2092, art. 3, Sch. 1

F4 Words in s. 23(4)(c) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 9(3)(b)

F5 Words substituted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975

F6 Words inserted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975