Housing and Planning Act 1986

Sections 49 and 53.

SCHEDULE 11 Planning : Minor and Consequential Amendments

PART I England and Wales

Operation of Use Classes Order on subdivision of planning unit

1 In section 22(2) of the [1971 c. 78.] Town and Country Planning Act 1971 (operations and changes of use not amounting to development), in paragraph (f) (use of same prescribed class as existing use) for " the use thereof " substitute " the use of the buildings or other land or, subject to the provisions of the order, of any part thereof ".

Development orders

2 (1) In section 24 of the Town and Country Planning Act 1971 (development orders), for subsection (3) (general and special orders) substitute—

“(3) A development order may be made either—

(a) as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land, or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.”.

(2) In paragraph 17 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972 (inclusion of provision in development orders empowering local highway authority to impose restrictions on grant of planning permission in certain cases) for " shall include in a development order under section 24 provision" substitute " may include in a development order under section 24 such provision as he thinks fit ".

Disabled persons: construction of references to certain documents

3 (1) In section 29A of the [1971 c. 78.] Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: public buildings and places of work), in subsection (1) for paragraph (ii) substitute—

“(ii) the Code of Practice for Access of the Disabled to Buildings (British Standards Institution code of practice BS 5810: 1979) or any prescribed document replacing that code.”.

(2) In section 29B of the Town and Country Planning Act 1971 (duty to draw attention to certain provisions for the benefit of the disabled: educational buildings), in subsection (1) for paragraph (ii) substitute—

“(ii) to Design Note 18 ' Access for Disabled People to Educational Buildings ' published in 1984 on behalf of the Secretary of State, or any prescribed document replacing that Note.”.

Applications to vary or revoke conditions attached to planning permission

4 After section 31 of the Town and Country Planning Act 1971 insert—

“31A Permission to develop land without compliance with conditions previously attached.

(1) This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2) Special provision may be made with respect to such applications—

(a) by regulations under section 25 of this Act as regards the form and content of the application, and

(b) by a development order as regards the procedure to be followed in connection with the application.

(3) On such an application the local planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(4) This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to be begun, that time has expired without the development having been begun.”.

Purchase notices : transmission of documents to Secretary of State

5 (1) In section 181 of the [1971 c. 78.] Town and Country Planning Act 1971 (action by council on whom purchase notice is served)—

(a) in subsection (1)(c) (notice of unwillingness to comply with purchase notice: contents of notice) for the words from "and that they have transmitted" to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection " ;

(b) in subsection (3) (duty of council to transmit documents to Secretary of State) for the words from " they shall transmit" to the end substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve ".

(2) In paragraph 1 of Schedule 19 to the Town and Country Planning Act 1971 (action by council on whom listed building purchase notice is served)—

(a) in sub-paragraph (1)(c) (notice of unwillingness to comply with purchase notice: contents of notice) for the words from " and that they have transmitted " to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subparagraph " ;

(b) in sub-paragraph (3) (duty of council to transmit documents to Secretary of State) for the words from " they shall transmit " to " reasons " substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve under subparagraph (1)(c) ".

Purchase notice relating to land where use restricted by virtue of previous planning permission

6 In section 184 of the Town and Country Planning Act 1971 (power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission)—

(a) in subsection (1) (cases to which the section applies) for " land which has a restricted use" substitute " land which consists in whole or in part of land which has a restricted use "; and

(b) in subsection (3) (power of Secretary of State to refuse to confirm purchase notice), for the words "the land ought, in accordance with the previous planning permission ", substitute " the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, ",

Consideration of purchase notice concurrently with related planning appeal

7 (1) In section 186(3) of the [1971 c. 78.] Town and Country Planning Act 1971 (relevant period at end of which purchase notice is deemed to have been confirmed) after " relevant period is" insert " , subject to subsection (3A) of this section, ", and after that subsection insert—

“(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 181(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 36 (appeal against refusal of planning permission, &c),

• section 88 (appeal against enforcement notice), section 95 (appeal against refusal of established use certificate),

• section 97 (appeal against listed building enforcement notice), or

• paragraph 8 or 9 of Schedule 11 (appeal against refusal of fisted building consent, &c.).”

(2) In paragraph 3(3)(b) of Schedule 19 to the Town and Country Planning Act 1971 (relevant period at end of which listed building purchase notice is deemed to have been confirmed) after "' the relevant period' is" insert " , subject to sub-paragraph (3A) of this paragraph, ", and after that sub-paragraph insert—

“(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the listed building purchase notice transmitted to him under paragraph 1(3) of this Schedule and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 97 (appeal against listed building enforcement notice), or

• paragraph 8 or 9 of Schedule 11 (appeal against refusal of listed building consent, &c.).”.

Local inquiries: application of general provisions of Local Government Act

8 (1) In section 282 of the Town and Country Planning Act 1971 (local inquiries held by Secretary of State), for subsection (2) substitute—

“(2) The provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.”.

(2) In Schedule 9 to the [1971 c. 78.] Town and Country Planning Act 1971 (determination of certain appeals by person appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings held by appointed person) for sub-paragraph (3) substitute—

“(3) The provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this paragraph, with the following adaptations—

(a) for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held, substitute the Secretary of State; and

(b) for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held, substitute a reference to the person appointed to determine the appeal or the Secretary of State.”.

Orders as to costs of parties where no local inquiry held

9 (1) After section 282 of the Town and Country Planning Act 1971 (local inquiries: application of general provisions of Local Government Act) insert—

“282A Orders as to costs of parties where no local inquiry held.

(1) The Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

(2) This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.”.

(2) In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings held by appointed person) at the end add—

“(4) The person appointed to determine the appeal or the Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings under this Schedule which do not give rise to an inquiry under this paragraph as he has in relation to such an inquiry.”.

Procedure on applications and appeals disposed of without inquiry or hearing

10 After section 282A of the [1971 c. 78.] Town and Country Planning Act 1971 insert—

“282B Procedure on certain appeals and applications.

(1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the Tribunals and Inquiries Act 1971 apply.

(2) The regulations may in particular make provision as to the procedure to be followed—

(a) where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3) The regulations may also—

(a) provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

(b) prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case ;

(c) empower the Secretary of State t© proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

(d) empower the Secretary of State after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.”.

Power to return appeal for determination by inspector

11 In Schedule 9 to the [1971 c. 78.] Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), after paragraph 3 (power of Secretary of State to direct that appeal should be determined by him) insert—

“3A (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the determination of the appeal.

(2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 29(3)(a) of this Act

(3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.”.

Appointment of assessors

12 In Schedule 9 to the Town and Country Planning Act 1971 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings) after sub-paragraph (1) insert—

“(1A) Where a person appointed under this Schedule to determine an appeal—

(a) holds a hearing by virtue of paragraph 2(2)(b) of this Schedule, or

(b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising notwithstanding that the appointed person is to determine the appeal.”.

Increase of daily penalties for offences

13 (1) In the provisions of the Town and Country Planning Act 1971 listed in column 1 of the following Table, which impose daily penalties for certain offences whose general nature is indicated in column 2, for the amount shown in column 3 substitute the amount shown in column 4.

TABLE

Provision of 1971 Act	Nature of offence	Present maximum daily fine	New maximum daily fine
Section 57(3)	Damage to listed building.	£20	£40
Section 89(4)	Non-compliance with enforcement notice.	£100	£200
Section 89(5)	Use of land in contravention of enforcement notice.	£100	£200
Section 90(7)	Non-compliance with stop notice.	£100	£200
Section 98(4)	Failure to secure compliance with listed building enforcement notice.	£100	£200
Section 104(7)	Failure to secure compliance with notice as to condition of land.	£20	£40
Section 109(2)	Contravention of advertisement control regulations.	£20	£40

(2) The increased amounts applicable by virtue of sub-paragraph (1) apply to every day after the commencement of this paragraph, notwithstanding that the offence began before.

Consequential amendments of the Town and Country Planning Act 1971

14 In section 1 of the [1971 c. 78.] Town and Country Planning Act 1971 for subsection (2A) substitute—

“(2A) References in this Act to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary as references to both the county planning authority and the district planning authorities.”.

15 In section 18(1)(f) of that Act, except as respects Greater London—

(a) for "section 12(1)(a)" substitute " section 12(2)(a) ", and

(b) for " section 12(2)" substitute " section 12(4) or 12A(2) ".

16 In section 29(1)(a) of that Act for " sections 41, 42, 70 and 77 to 80 " substitute " sections 41 and 42 ".

17 In sections 35(4) and 36(5) of that Act for " and 30A " substitute " , 30A and 31A ".

18 In sections 36(7) of that Act for " sections 29(1), 30(1), 67 and 74 " substitute " sections 29(1) and 30(1) ".

19 In section 55(4) of that Act omit " under section 56 of this Act ".

20 In section 105 of that Act-

(a) in paragraph (a) for " seriously injure " substitute " adversary affect ",

(b) omit paragraph (c), and

(c) in paragraph (a) for " seriously injuring " substitute " adversely affecting ".

21 In Schedule 21, in Parts I and V for "Sections 63 to 68" substitute " Sections 63 to 65 ".

Consequential amendments of other enactments

22 In section 182(5) of the [1972 c. 70.] Local Government Act 1972 (functions exercisable in National Park concurrently by county planning authority and district planning authority), for the words " (waste land) ", which describe the subject-matter of section 65 of the [1971 c. 78.] Town and Country Planning Act 1971, substitute " (power to require proper maintenance of land) ".

23 (1) Part I of Schedule 16 to the Local Government Act 1972 (functions under and modification of Town and Country Planning Act 1971) is amended as follows.

(2) For paragraphs 10 to 12 (joint local plans) substitute, except as respects Greater London—

“10 (1) This paragraph applies where two or more local planning authorities jointly prepare proposals for the making, alteration, repeal or replacement of a local plan.

(2) The local planning authorities are jointly responsible for taking the steps required by section 12 or 12A, except that they each have the duty imposed by section 12(4)(a) or 12A(2)(a) of making copies of the relevant documents available for inspection and objections to the proposals may be made to any of those authorities and the statement required by section 12(5) or 12A(3) to accompany the relevant documents shall state that objections may be so made.

(3) It shall be for each of the local planning authorities to adopt the proposals under section 14(1) and they may do so as respects any part of their area to which the proposals relate, but any modifications subject to which the proposals are adopted must have the agreement of all those authorities.

11 Where in a non-metropolitan county—

(a) a structure plan has been jointly prepared by two or more county planning authorities, or

(b) a local plan has been jointly prepared by two or more district planning authorities,

a request for a certificate under section 15 that the local plan conforms generally to the structure plan shall be made by each district planning authority to the county planning authority for the area comprising the district planning authority's area and it shall be for that county planning authority to deal with the request.

12 Where a local plan has been made jointly, the power of making proposals for its alteration, repeal or replacement may be exercised as respects their respective areas by any of the authorities by whom it was made, in accordance with the provisions of the relevant local plan scheme, and the Secretary of State may under section 11B direct any of them to make proposals as respects their respective areas.”.

(3) In paragraph 19(2) (planning applications subject to duty to consult county planning authority)—

(a) in sub-paragraph (vi), for the words from " section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ", and

(b) in sub-paragraph (vii), for the words from " the said section 12 " to the end substitute " section 12 or 12A (publicity and consultation regarding local plans) ".

24 In section 8(3) of the [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 (application of general provisions of Town and Country Planning Act 1971 relating to local inquiries and service of notices) for " to 284 " substitute " 283 and 284 ".

25 (1) The [1982 c. 52.] Industrial Development Act 1982 is amended as follows.

(2) In section 14 (power of Secretary of State to provide premises and sites), in subsection (2) (restriction on acquisition of buildings) for " section 66 of the Town and Country Planning Act 1971 " substitute " section 14A of this Act ".

(3) After that section insert—

“14A Meaning of' industrial buildings'.

(1) In section 14(2) of this Act "industrial building " means a building which is used or designed for use for carrying on, in the course of a trade or business, a process for or incidental to any of the following purposes—

(a) the making of any article or part of any article,

(b) the altering, repairing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, or breaking up or demolition, of any article, or

(c) the getting, dressing or preparation for sale of minerals or the extraction or preparation for sale of oil or brine,

or which is used or designed for use for carrying on, in the course of a trade or business, scientific research.

(2) For the purposes of subsection (1) premises which—

(a) are used or designed for use for providing services or facilities ancillary to the use of other premises for the carrying on of any such process or research as is mentioned in that subsection, and

(b) are or are to be comprised in the same building or the same curtilage as those other premises,

shall themselves be treated as used or designed for use for the carrying on of such a process or, as the case may be, of such research.

(3) In this section—

• ' article' means an article of any description, including a ship or vessel;

• ' building' includes part of a building ;

• ' minerals ˜ includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than sale ;

• ' scientific research' means any activity in the fields of natural or applied science for the extension of knowledge.”.

26 In Part I of Schedule 1 to the [1985 c. 51.] Local Government Act 1985 (unitary development plans), in paragraph 12 (John plans), for subparagraph (7) substitute—

“(7) In relation to any proposals made jointly under paragraph 10 above, the references—

(a) in sub-paragraph (2) of that paragraph to paragraphs 2 to 9 above, and

(b) in paragraph 10A(1) above to paragraph 3(1) above,

shall include a reference to sub-paragraph (2) above.

(7A) In relation to such joint proposals the references in paragraph 10A above to the local planning authority shall be construed as references to the authorities acting jointly, except that—

(a) each of the authorities shall have the duty under subparagraph (2) of making copies of the relevant documents available for inspection, and

(b) representations or objections may be made to any of the authorities, and the statement required by sub-paragraph (3) of that paragraph shall state that objections may be so made.”

27 (1) In Part II of Schedule 1 to the Local Government Act 1985 (transitional provisions), paragraph 20 (local plans between abolition date and commencement of unitary planning provisions) is amended as follows.

(2) In sub-paragraph (2) (application of provisions of Part II of Town and Country Planning Act 1971) omit the words from " and in respect of those matters " to the end.

(3) After that sub-paragraph insert—

“(2A) In respect of the matters referred to in sub-paragraph (2) the following provisions (which relate to county planning authorities) do not apply to metropolitan district councils, namely, sections 11 A, 11B(4), 12(3) and (4)(c), 12A(2)(c). 15, 15A and 15B(2).”.

(4) For sub-paragraph (3) substitute—

“(3) In section 15(1) and (2) (alteration of local plans), as applying in Greater London, the reference to a local plan adopted by a local planning authority includes, in the case of a London borough council, a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date.

(3A) A metropolitan district council may at any time—

(a) make proposals for the preparation, alteration, repeal or replacement of a local plan adopted by them or adopted by the metropolitan county council and in force in the area of that authority on the abolition date;

(b) with the consent of the Secretary of State, make proposals for the alteration, repeal or replacement of a local plan approved by him.”.

PART II Scotland

Directions as to modifications of local plans

28 (1) After subsection (2) of section 12 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (adoption and approval of local plans) insert—

“(2A) After copies of a local plan have been sent to the Secretary of State and before it has been adopted by the planning authority, the Secretary of State may, if it appears to him that any part of it is unsatisfactory, and without prejudice to his power to make a direction under subsection (3) below, direct the authority to consider modifying the plan in such respects as are indicated in the direction.

(2B) An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.”.

(2) In subsection (1) of that section for the words " (2) and (3)" substitute " (2), (2A), (2B) and (3) ".

Operation of Use Classes Order on subdivision of planning unit

29 In section 19(2) of the Town and Country Planning (Scotland) Act 1972 (operations and changes of use not amounting to development), in paragraph (f) (use of same prescribed class as existing use) for " the use thereof" substitute " the use of the buildings or other land or, subject to the provisions of the order, of any part thereof ".

Development orders

30 In section 21 of the Town and Country Planning (Scotland) Act 1972 (development orders), for subsection (3) (general and special orders) substitute—

“(3) A development order may be made either—

(a) as a general order applicable, except so far as the order otherwise provides, to all land, but which may make different provision with respect to different descriptions of land, or

(b) as a special order applicable only to such land or descriptions of land as may be specified in the order.”.

Applications to vary or revoke conditions attached to planning permission

31 After section 28 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 insert—

“28A Permission to develop land without compliance with conditions previously attached.

(1) This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2) Special provision may be made with respect to such applications—

(a) by regulations under section 22 of this Act as regards the form and content of the application, and

(b) by a development order as regards the procedure to be followed in connection with the application.

(3) On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a) if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b) if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(4) This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to have begun, that time has expired without the development having been begun.”.

Land adversely affecting amenity of neighbourhood

32 (1) For subsection (1) of section 63 of the Town and Country Planning (Scotland) Act 1972 (proper maintenance of waste land) substitute—

“(1) Ii it appears to a planning authority that the amenity of any part of their district, or an adjoining district, is adversely affected by the condition of any land in their district, they may serve on the owner, lessee and occupier of the land a notice under this section requiring such steps for abating the adverse effect as may be specified in the notice to be taken within such period as may be so specified.”.

(2) In subsections (1B) and (1C) of the said section, for the words " waste land notice " substitute " notice under this section ".

33 (1) In subsections (1) and (5) of section 63A (appeals against waste land notices) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972, for the words " waste land notice " substitute " notice under section 63 of this Act ".

(2) For paragraph (a) of the said subsection (1) substitute—

“(a) that neither the amenity of any part of the planning authority's district nor that of any adjoining district has been adversely affected;”.

(3) In paragraph (b) of the said subsection (1), for the word " injury " substitute " adverse effect ".

Appeals against notices under section 63A

34 (1) After subsection (6) of section 63A insert—

“(7) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.”.

(2) After sub-paragraph (1)(d) of paragraph 2 of Schedule 7 (determination of appeals by person appointed by Secretary of State) to the Town and Country Planning (Scotland) Act 1972, insert—

“(aa) in relation to appeals under section 63A, subsections (4) and (6);”.

Purchase notices: transmission of documents to the Secretary of State

35 (1) In section 170 of the Town and Country Planning (Scotland) Art 1972 (action by planning authority on whom purchase notice is served}—

(a) in subsection (1)(c) (notice of unwillingness to comply wife purchase notice: contents of notice) for the words from " and that they have transmitted " to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection " ;

(b) in subsection (3) (duty of planning authority to transmit documents to Secretary of State) for the words from " they shall transmit" to the end substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve ".

(2) In paragraph 1 of Schedule 17 to the Town and Country Planning (Scotland) Act 1972 (action by planning authority on whom listed building purchase notice is served)—

(a) in sub-paragraph (1)(c) (notice of unwillingness to comply with purchase notice: contents of notice) for the words from " and that they have transmitted " to the end substitute " and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this sub-paragraph. " ;

(b) in sub-paragraph (3) (duty of planning authority to transmit documents to Secretary of State) for the words from " they shall transmit " to " reasons " substitute " then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve under subparagraph (1)(c) ".

Purchase notice relating to land where use restricted by virtue of previous planning permission

36 In section 173 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission)—

(a) in subsection (1) (cases to which the section applies) for " land which has a restricted use " substitute " land which consists in whole or in part of land which has a restricted use "; and

(b) in subsection (3) (power of Secretary of State to refuse to confirm purchase notice), for the words " the land ought, in accordance with the previous planning permission," substitute " the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission, ".

Consideration of purchase notice concurrently with related planning appeal

37 (1) In section 175(3) of the Town and Country Planning (Scotland) Act 1972 (relevant period at end of which purchase notice is deemed to have been confirmed) after " relevant period is" insert " , subject to subsection (3A) of this section, ", and after that subsection insert—

“(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 170(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 33 (appeal against refusal of planning permission, &c),

• section 85 (appeal against enforcement notice),

• section 91 (appeal against refusal of established use certificate),

• section 93 (appeal against listed building enforcement notice), or

• paragraph 7 or 8 of Schedule 10 (appeal against refusal of listed building consent, &c.).”.

(2) In paragraph 3(3)(b) of Schedule 17 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (relevant period at end of which listed building purchase notice is deemed to have been confirmed) after " " the relevant period " is " insert " , subject to sub-paragraph (3A) of this paragraph, ", and after that sub-paragraph insert—

“(3A) The relevant period does not run if the Secretary of State has before him at the same time both a copy of the listed building purchase notice transmitted to him under paragraph 1(3) of this Schedule and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

• section 93 (appeal against listed building enforcement notice), or

• paragraph 7 or 8 of Schedule 10 (appeal against refusal of listed building consent, &c.).”.

National Scenic Areas

38 After section 262B of the Town and Country Planning (Scotland) Act 1972 insert—

“262C National Scenic Areas.

(1) Where it appears to the Secretary of State, after such consultation with the Countryside Commission for Scotland and such other persons or bodies as he thinks fit, that an area is of outstanding scenic value and beauty in a national context, and that special protection measures are appropriate for it, he may designate the area by a direction under this section as a National Scenic Area ; and any such designation may be varied or cancelled by a subsequent direction.

(2) Notice of any such designation, variation, or cancellation as is mentioned in subsection (1) above shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the vicinity of the Area by the Secretary of State.

(3) Every planning authority shall compile and make available for inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a National Scenic Area.

(4) Where any area is for the time being designated as a National Scenic Area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.”.

Recovery of expenses of local inquiry

39 (1) For subsection (7) of section 267 (local inquiries) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 and subsections (7) and (8) of section 210 (power to direct inquiries) of the [1973 c. 65.] Local Government (Scotland) Act 1973 substitute—

“(7) The Minister may make orders as to the expenses incurred—

(a) by the Minister in relation to—

(i) the inquiry;

(ii) arrangements made for an inquiry which does not take place ; and

(b) by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.”.

(2) After subsection (7B) of the said section 210 of the [1973 c. 65.] Local Government (Scotland) Act 1973 insert—

“(8) Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.”.

(3) In subsection (1) of section 233 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (orders, rules and regulations), after " 104(1)" insert " 210(7) ".

(4) After section 210 of the Local Government (Scotland) Act 1973 insert—

“210A Recovery of expenses of local inquiry.

(1) The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry—

• section 129(1)(d) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (expenses of inquiry under that Act),

• any other statutory provision to which this section is applied by order of the Minister.

(2) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(3) The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.

(4) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry.

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5) An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.”.

Orders as to expenses of parties where no local inquiry held

40 (1) After the said section 267 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 insert—

“267A Orders as to expenses of parties where no local inquiry held.

(1) The Secretary of State has the same power to make orders under section 267(7) above in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

(2) This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.”.

(2) In Schedule 7 to the Town and Country Planning (Scotland) Act 1972 (determination of certain appeals by person appointed by the Secretary of State), in paragraph 5 (local inquires and hearings)—

(a) in sub-paragraph (3) after the word " shall" insert " subject to sub-paragraph (4) below ".

(b) after sub-paragraph (3) insert—

“(4) The person appointed to determine the appeal has the same power to make orders under section 267(7) of this Act in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

(5) For the purposes of this paragraph, references to the Minister in subsections (7) and (8) of section 267 shall be read as references to the person appointed by the Secretary of State to determine the appeal.”.

Procedure on applications and appeals disposed of without inquiry or hearing

41 After section 267A of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 insert—

“267B Procedure on certain appeals and applications.

(1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the [1971 c. 62.] Tribunals and Inquiries Act 1971 apply.

(2) The regulations may in particular make provision as to the procedure to be followed—

(a) where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c) where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3) The regulations may also—

(a) provide for a time limit within which any party to the proceedings must lodge written submissions and any supporting documents;

(b) prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c) empower the Secretary of State to proceed to a decision taking into account only such written submissions and supporting documents as were lodged within the time limit; and

(d) empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written submissions were lodged within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.”.

Power to return appeal for determination by appointed person

42 In Schedule 7 to the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (determination of certain appeals by persons appointed by the Secretary of State), after paragraph 3 (power of Secretary of State to direct that appeal should be determined by him) insert—

“3A (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the determination of the appeal.

(2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 26(3)(a) of this Act.

(3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.”.

Appointment of assessors

43 In Schedule 7 to the Town and Country Planning (Scotland) Act 1972 (determination of certain appeals by persons appointed by the Secretary of State), in paragraph 5 (local inquiries and hearings), after sub-paragraph (1) insert—

“(1A) Where a person appointed under this Schedule to determine an appeal—

(a) holds a hearing by virtue of paragraph 2(2)(b) of this Schedule, or

(b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising notwithstanding that the appointed person is to determine the appeal.”

Increase of daily penalties for offences

44 (1) In the provisions of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 listed in column 1 of the following Table, which imposes daily penalties for certain offences whose general nature is indicated in column 2, for the amount shown in column 3 substitute the amount shown in column 4.

TABLE

Provision of 1972 Act	Nature of offence	Present maximum daily fine	New maximum daily fine
Section 55(3)	Damage to listed building.	£20	£40
Section 86.	Non-compliance with enforcement notice.	£100	£200
Section 87(8)(6).	Non-compliance with stop notice.	£100	£200
Section 94(2)(a).	Failure to secure compliance with listed building enforcement notice.	£100	£200
Section 98(3).	Failure to secure compliance with tree preservation order.	£50	£100
Section 100(1)(c).	Non-compliance with discontinuance order.	£100	£200
Section 101(2).	Contravention of advertisement control regulations.	£20	£40

(2) The increased amounts applicable by virtue of sub-paragraph (1) apply to every day after the commencement of this paragraph, notwithstanding that the offence began before.

Other minor amendments of the Town and Country Planning (Scotland) Act 1972

45 In section 84(7) of the Town and Country Planning (Scotland) Act 1972 (power to serve enforcement notice) after " place " insert " or, (according to the particular circumstances of the breach) to secure compliance with the conditions or limitations subject to which planning permission was granted ".

46 In section 99 (enforcement of duties as to replacement of trees) of the Town and Country Planning (Scotland) Act 1972, in subsection (3), after " 85(2)" insert " to (2D) ".

47 In section 158(6)(b) of the Town and Country Planning (Scotland) Act 1972 (compensation for planning decisions restricting development other than new development) for the word " 7 " there shall be substituted the word " 8 ".

48 In section 205(3)(a) and 205A(3)(a) of the Town and Country Planning (Scotland) Act 1972 (procedure in anticipation of planning permission, &c.) after " authority " insert " or ".

49 In section 205(5) of the Town and Country Planning (Scotland) Act 1972 for " 204(5)" substitute " 204(4) ".

50 In section 231 of the Town and Country Planning (Scotland) Act 1972 (validity of development plans and certain orders, decision and directions)—

(a) at the end of subsection (2)(a) insert " or as applied under section 181 of the [1973 c. 65.] Local Government (Scotland) Act 1973 ", and

(b) at the end of subsection (2)(&) insert " or under the provisions of that section as applied by or under any other provision of this Act or as applied under section 181 of the Local Government (Scotland) Act 1973. ".

51 In section 260 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (default powers of the Secretary of State), at the end of subsection (1) insert " or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority ".

52 In section 270 of the Town and Country Planning (Scotland) Act 1972 (power to require information as to interest in land) insert—

“(d) the time when that use began ;,

(e) the name and address of any person known to the person on whom the notice is served as having used the premises for those purposes;

(f) the time when any activities being carried out on the premises began.”.

53 In sub-paragraph 2(2) of Schedule 7 (determination of certain appeals by person appointed by Secretary of State) of the Town and Country (Scotland) Act 1972, for " 85(2) " substitute " 85(2D) ".

Consequential amendments of the Town and Country Planning (Scotland) Act 1972

54 In section 26(1)(a) of the Town and Country Planning (Scotland) Act 1972, for the words " sections 38, 39, 68 and 75 to 78 " there shall be substituted the words " sections 38 and 39 ".

55 In sections 32(4) and 33(5) of the Town and Country Planning (Scotland) Act 1972 for the words " and 27A " substitute " 27A and 28A ".

56 In section 33(7) of the Town and Country Planning (Scotland) Act 1972 for the words ", 27(1) and 65 " there shall be substituted the words " and 27(1) ".

57 In section 53(4) of the Town and Country Planning (Scotland) Act 1972 omit " under section 54 of this Act ".

58 In section 267 (local inquiries) of the Town and Country Planning (Scotland) Act 1972, in subsection (9), after " section" insert " , except where the context otherwise requires ".

59 In section 275(1) of the Town and Country Planning (Scotland) Act 1972 (interpretation) the following shall be inserted after the definition of " Minister "—

• “' National Scenic Area ' has the meaning assigned to it by section 262C of this Act.”.

60 In Parts I and III of Schedule 19 to the Town and Country Planning (Scotland) Act 1972 for "Sections 61 to 66" substitute " Sections 61 to 63A ".

Consequential amendments of other enactments

61 In subsection (5) of section 179 (reference of applications to regional planning authority) of the [1973 c. 65.] Local Government (Scotland) Act 1973, after " 27A " insert " 28A, ".

62 In subsection 8(4) of the [1978 c. 3.] Refuse Disposal (Amenity) Act 1978 (application of general provisions of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 relating to local inquiries and services of notices) for " to 270 " substitute " and 268 to 270 ".