Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Crown land S

253 Exercise of powers in relation to Crown land. S

(1) Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

(a) a plan approved, adopted or made under Part II of this Act may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI 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 or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 214 to 217 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

(c) a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 52 of this Act.

(2) Except with the consent of the appropriate authority—

(a) no order or notice shall be made or served under any of the provisions of sections 49 [F1 , 49A, 49B [F2 56J]] 58, 63, [F3 83C, 84, 84AB, 87, [F3 87AA]][F4 92 or 97B] of this Act or under any of those provisions as applied by any order or regulations made under Part IV of this Act, in relation to land which for the time being is Crown land;

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

(3) No enforcement notice shall be served under section 84 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.

(4) No listed building enforcement notice shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

(5) No purchase notice or listed building purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.

(6) The rights conferred by the provisions of sections 181 to 196 of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.

(7) In this Part of this Act “Crown land” means land in which there is a Crown interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and for the purposes of this section and section 254 of this Act “the appropriate authority”, in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land;

(b) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means 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.

Textual Amendments

F1 Words inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), s. 35, Sch. 2 para. 9

F2 Figure inserted (1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 3; S.I. 1993/273, art.5(2)

F3 Words in 253(2)(a) substituted (26.3.1992 except in relation to the insertion of a reference to s. 87AA and 25.9.1992 in so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 37 (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2; S.I. 1992/1937, art. 4 (with art. 5)

F4 Words substituted (1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 3; S.I. 1993/273, art. 5(2)

Modifications etc. (not altering text)

C1 S. 253(1)(b) modified by Town and Country Planning Act 1984 (c.10, SIF 123:1, 2), s. 4(1)

C2 S. 253(7) applied (prosp.) by 1980 c. 45, s. 110A(8) (as inserted (prosp.) by 1995 c. 25, ss. 116, 125(3), Sch. 21 Pt. II para. 5 (with ss. 7(6), 115, 117))

S. 253(7) applied (prosp.) by 1994 c. 39, s. 125A(7) (as inserted (prosp.) by 1995 c. 25, ss. 116, 125(3), Sch. 21 Pt. II para. 6 (with ss. 7(6), 115, 117))

254 Agreements relating to Crown land. S

(1) The appropriate authority and the. . . F5 planning authority for the district in which any Crown land is situated may make agreements

[F6 (a)] 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; [F6 and

(b) for the purpose of restricting or regulating the development or use of the land,

either permanently or during such period as may be prescribed by the agreement.]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.

[F7 (1A) Subject to subsection (1B) of this section an agreement made under subsection (1)(b) of this section may, if it has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the appropriate authority.

(1B) An agreement made under subsection (1)(b) of this section shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded or, as the case may be, registered as aforesaid or against any person deriving title from such a third party.]

(2) An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

(3) 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 Her 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.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F6 Words in s. 254(1) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 49(2) (with s. 84(5)); S.I. 1992/71, art. 2.

F7 S. 254(1A)(1B) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 49(3), (with s. 84(5)); S.I. 1992/71, art. 2.

F8 S. 254(4) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

255 Supplementary provisions as to Crown interest. S

[F9 (1) Subject to subsection (2) of this section, where there is a Crown interest in any land, the provisions of sections 155 to 157 of this Act, and the provisions of Schedule 22 to this Act in so far as they relate to those sections, shall have effect in relation to any private interest as if the Crown interest were a private interest.]

(2) In this section “private interest” means an interest which is not a Crown interest.

Textual Amendments

F9 S. 255(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 29 (with s. 84(5)); S.I. 1991/2092, art.3