Land Compensation (Scotland) Act 1963

[F1 F2 33 Extension to planning permission where no planning decision made. S

(1) The provisions of sections 31 and 32(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.

Planning permission	Date of decision
Permission granted by a development order	When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme	When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone	When the designation takes effect
Permission deemed to be granted by a direction under section 37 of the Town and Country Planning (Scotland) Act 1972	When the direction is given
Permission deemed to be granted by a planning authority	The occurrence of the event in consequence of which the permission is deemed to be granted

(2) Where the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if—

(a) before the date shown in column 2, a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and

(b) the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,

it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.

(3) An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if—

(a) an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and

(b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act.

(4) A claim for compensation under section 31 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say—

(a) if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given;

(b) in any other case, the date shown in column 2.]

Textual Amendments

F1 Pt. V (ss. 31-37) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 77, Sch. 16 para.1 (with s. 84(5)); S.I. 1991/2092, art.3

F2 Pt. V (ss. 31-37) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 77, Sch. 16 para.1 (with s. 84(5)); S.I. 1991/2092, art.3