Town and Country Planning (Scotland) Act 1969

• (b) under section 24 of that Act (discontinuance of specified use of land or alteration or removal of buildings or works),

shall serve a notice of the proposal on the local planning authority; and if within such period as may be specified in the notice (not less than twenty-eight days from the date of service) the authority so require, the Secretary of State, before making the order, shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

• (2) The obligation of the Secretary of State to serve a notice under this section shall be without prejudice to any requirements of Part II of the Act of 1947, or regulations made thereunder, having effect by virtue of section 96(3) of that Act (requirements as to notice etc., where Secretary of State acts in place of local planning authority).

Control of office development

Partial abrogation of dual control of office development

84

• (1) Without prejudice to section 23 of the Industrial Development Act 1966 (restrictions or conditions which may be attached to industrial development certificates issued by the Board of Trade under section 12(4) of the Act of 1947) the conditions which the Board of Trade may under that section attach to an industrial development certificate shall include conditions restricting the amount of office floor space to be contained in any building which is the subject of the development or precluding it from containing any office floor space; and the conditions may be framed so as to apply (either or both) to the building as originally erected or as subsequently extended or altered.

• (2) Notwithstanding section 5(1) of the Act of 1965 (of which the effect is that an industrial development certificate under section 12(4) of the Act of 1947 as well as an office development permit under section 1(3) of the Act of 1965 is required in support of an application for planning permission for development which is not only industrial but involves the provision of office premises), compliance with the said section 1(3) shall not be required in respect of an application for planning permission for industrial development to which this section applies, where there has been issued by the Board of Trade and furnished to the local planning authority with the application a copy of an industrial development certificate with conditions attached thereto by virtue of subsection (1) above.

• (3) In this section, "industrial development" means the development of land in any manner specified in section 12(4) of the Act of 1947 (requirement of Board of Trade industrial development certificate to support application for planning permission for development involving provision of industrial building or change in the use of premises so that a building becomes industrial); and this section applies to industrial development only if there will result therefrom no office premises except such as are comprised within the curtilage of an industrial building and are used or designed for use for providing services or facilities ancillary to the use of other premises in the same building or curtilage.

• (4) Development in respect of which there has been issued by the Board of Trade an industrial development certificate with conditions attached thereto by virtue of subsection (1) of this section shall be treated as not included in any reference to " related development " in section 2 of the Act of 1965 (which makes an office development permit unnecessary if the amount of office floor space to be created is below the prescribed exemption limit, but for this purpose requires that space to be aggregated with office floor space created, or to be created, in the course of other development affecting the same building or site).

Modifications of s. 7 of 1965 Act

85

• (1) Section 7 of the Act of 1965 (attachment to certain planning permissions of conditions restricting office floor space, where the permission can be granted without an office development permit) shall not apply to a planning permission granted after the commencement of this section for the erection of a building on any land, unless it is in an area to which Part I of that Act applied at the time when the application for the planning permission was made.

• (2) Section 7 of the Act of 1965 shall not apply to a planning permission granted after the said commencement for the erection of a building with a floor space less than twice the prescribed exemption limit; nor shall it apply to a planning permission so granted for the erection of a building (of whatever floor space) which is wholly residential.

• (3) Section 7 of the Act of 1965 shall not apply to a planning permission which is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 (attachment to planning permission of conditions subject to which an industrial development certificate was issued by the Board of Trade) and those conditions either restrict the office floor space which the building may contain or preclude it from containing any office floor space.

Restriction on creation of office premises in building altered or extended

86

• (1) The provisions of this section shall, subject to subsection (4) below, have effect with respect to a planning permission granted after the commencement of this section for the alteration or extension of a building in an area to which Part I of the Act of 1965 applies at the time of the grant and also applied when the application for planning permission was made, but shall have effect only in the case of a building erected under a planning permission granted after the said commencement.

• (2) If the case is the following, that is to say:—

• (a) either the erection of the building was not development to which Part I of the Act of 1965 applied or it was so but no office development permit was required therefor; and

• (b) either the proposed alteration or extension is not development to which the said Part I applies or it is so but no office development permit is required therefor; and

• (c) there will result from the proposed alteration or extension a building with an aggregate floor space of twice, or more than twice, the prescribed exemption limit,

the planning permission for the alteration or extension shall be granted subject to the condition specified in subsection (3) of this section (in addition to any other conditions imposed by the authority granting the permission).

• (3) The said condition is that the use of the building as altered or extended, or as subsequently further altered or extended, shall be restricted so that (whether in consequence of a change of use or otherwise) it does not at any time contain office premises having an aggregate office floor space which exceeds the prescribed exemption limit.

• (4) In the following two cases this section shall not apply:—

• (a) where the planning permission is in respect of a building which, after its alteration or extension, will be wholly residential; and

• (b) where the planning permission is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 and those conditions either restrict the office floor space which the building as extended or altered may contain or preclude it from containing any office floor space.

Corresponding restriction on planning permission for erection of several buildings

87

• (1) The provisions of this section shall have effect with respect to a planning permission granted after the commencement of this section for development involving the erection of two or more buildings in an area to which Part I of the Act of 1965 applies at the time of the grant and also applied when the application for planning permission was made, except in a case where all the buildings are exempt from this section.

• (2) Any one of the said buildings shall be exempt from this section if—

• (a) it is wholly residential; or

• (b) the planning permission is subject to conditions by virtue of section 23(5) or (6) of the Industrial Development Act 1966 and those conditions either restrict the office floor space which the building may contain or preclude it from containing any office floor space.

• (3) If the aggregate floor space of the buildings proposed to be erected (leaving out of account any which are exempt from this section) is twice, or more than twice, the prescribed exemption limit and either the erection of the buildings is not development to which Part I of the Act of 1965 applies or it is so, but no office development permit is required therefor, the planning permission shall be granted subject to the condition specified in subsection (4) below (in addition to any other conditions imposed by the authority granting the permission).

• (4) The said condition is that the use of each one of the buildings (excluding any which are exempt from this section) shall be restricted so that (whether in consequence of a change of use or otherwise) it does not at any time contain office premises having an aggregate floor space which exceeds the limit for that building specified in the condition, which limit shall (subject to subsection (5) below) be a floor space bearing such proportion to the building's total floor space as the prescribed exemption limit bears to the aggregate floor space of all the buildings (excluding any which are exempt from this section) for whose erection the planning permission is granted.

• (5) The authority granting the planning permission may in doing so specify in the said condition, as it applies to any building, a limit different from the one provided by subsection (4) above, but not so that the total of the limits for all the buildings to which the condition applies exceeds the prescribed exemption limit.

• (6) If after the grant of the planning permission a further application for planning permission is made in respect of all or any of the buildings to which the condition specified in subsection (4) of this section applies, and the further application involves a departure from the terms of the said condition as applying to any building, the application shall be subject to section 1(3) of the Act of 1965 (requirement of office development permit), notwithstanding any provision of that Act exempting development from the requirements of that section in particular cases.

Provisions supplementary to ss. 84 to 87

88

• (1) A planning permission with respect to which section 86 or 87 above has effect shall not be invalid by reason only that the requirements of section 86(2) or 87(3), as the case may be, are not complied with; but in that case the planning permission shall be deemed to have been granted subject to the condition specified in section 86(3) or 87(4), as the case may be, or (if any other conditions are imposed by the authority granting the permission) to have been granted subject to the conditions so specified in addition to the other conditions; and references in those sections to a condition imposed thereunder shall be construed accordingly as including references to a condition deemed to be imposed.

• (2) In sections 84 to 87 of this Act—

• (a) "industrial building" has the meaning given to it by section 21 of the Local Employment Act 1960, as amended by section 25 of the Industrial Development Act 1966;

• (b) " office development permit ", " office premises " and " office floor space " have the same meanings as they have for the purposes of the Act of 1965 ;

• (c) " the prescribed exemption limit", in relation to a planning permission, has the meaning given to it by section 7(5) of the Act of 1965 in relation to planning permission granted as mentioned in subsection (1)(b) of that section (restrictions on office development to be attached to planning permission not requiring office development permit); and

• (d) " wholly residential" in relation to a building, means for use exclusively as a dwelling-house or comprising only units of accommodation for such use.

Stopping-up and diversion of highways

Procedure for making orders for stopping-up and diverting highways

89

• (1) Where the Secretary of State would, if planning permission for any development had been granted under Part II of the Act of 1947, have power to make an order under section 46(1) of that Act authorising the stopping-up or diversion of a highway in order to enable that development to be carried out, then, notwithstanding that such permission has not been granted, the Secretary of State may, in the circumstances specified in subsections (2) to (4) below, publish notice of the draft of such an order in accordance with Schedule 6 to that Act (procedure in relation to orders under section 46).

• (2) The Secretary of State may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission and—

• (a) that application is made by a local authority or statutory undertakers or the National Coal Board ; or

• (b) that application stands referred to the Secretary of State in pursuance of a direction under section 13 of the Act of 1947; or

• (c) the applicant has appealed to the Secretary of State under section 14 of that Act against a refusal of planning permission or of approval required under a development order, or against a condition of any such permission or approval.

• (3) The Secretary of State may publish such a notice as aforesaid where—

• (a) the relevant development is to be carried out by a local authority, statutory undertakers or the National Coal Board and requires, by virtue of an enactment, the authorisation of a government department; and

• (b) the developers have made application to the department for that authorisation and also requested a direction under section 32 of the Act of 1947 or, in the case of the National Coal Board, under section 2 of the Opencast Coal Act 1958, that planning permission be deemed to be granted for that development.

• (4) The Secretary of State may publish such a notice as aforesaid where the local planning authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 32 of the Act of 1947 (application of planning control to local planning authorities), as are requisite in order to enable them to obtain planning permission for the relevant development.

• (5) Paragraph 5 of Schedule 6 to that Act (power of Secretary of State to make an order under section 46 after considering any relevant objections and report) shall not be construed as authorising the Secretary of State to make an order under section 46(1) of that Act, of which notice has been published by virtue of subsection (1) above, until planning permission is granted for the development which occasions the making of the order.

New powers to authorise stopping-up and diversion of highways

90

• (1) If planning permission is granted under Part II of the Act of 1947 for constructing or improving, or the Secretary of State proposes to construct or improve, a highway (hereafter in this section referred to as " the main highway "), he may by order authorise the stopping-up or diversion of any other highway which crosses or enters the route of the main highway or which is, or will be, otherwise affected by the construction or improvement of the main highway, if it appears to him expedient to do so—

• (a) in the interests of the safety of users of the main highway ; or

• (b) to facilitate the movement of traffic on the main highway.

• (2) Subsections (3) to (5) of section 22 of the Act of 1945, subsections (2) to (7) of section 46, subsections (2) to (4) of section 111 of the Act of 1947 and Schedule 6 to that Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraph lines) and section 89 above shall apply in relation to an order under this section as they apply in relation to an order under section 46(1) of the Act of 1947.

• (3) In section 32(3) of the Mineral Workings Act 1951 (rights of statutory undertakers in respect of their apparatus where order made under section 46 of the Act of 1947), after the reference to the said section 46 there shall be inserted an alternative reference to this section.

Conversion of highway into footpath or bridleway

91

• (1) The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a highway in that area (being a highway over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purpose of advances under section 8 of the Development and Road Improvement Funds Act 1909) being changed to a footpath or bridleway.

• (2) The Secretary of State may, on an application made by a competent authority, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

• (3) An order made under subsection (2) of this section may include such provision as the Secretary of State (after consultation with the local planning authority and the highway authority, if different from the competent authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not), in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection ; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

• (4) No statutory provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a highway in relation to which an order made under subsection (2) above has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) above.

• (5) Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the competent authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection " lawful access " means access authorised by planning permission granted under the Act of 1947, or access in respect of which no such permission is necessary.

• (6) A claim for compensation under subsection (5) above shall be made to the competent authority within the time and in the manner prescribed by regulations under the Act of 1947.

• (7) Subsections (3) to (5) of section 22 of the Act of 1945, subsections (2) to (5) of section 46, subsections (2) to (4) of section 111 of the Act of 1947 and Schedule 6 to that Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraph lines) shall apply in relation to an order under this section as they apply in relation to an order under section 46(1) of the Act of 1947.

• (8) The Secretary of State may, on an application made by a competent authority, by order revoke an order made by him in relation to a highway under subsection (2) above ; and the effect of the order shall be to reinstate any right to use vehicles on the highway, being a right which was extinguished by virtue of the order under the said subsection.

• (9) Subsection (8) above shall not be taken as prejudicing any provision of the Act of 1947 enabling orders to be varied or revoked.

• (10) The competent authorities for the purposes of this section are county councils and town councils, and before making an application under subsection (2) or (8) above a competent authority shall consult with the local planning authority and the highway authority (in a case where they are themselves not that authority).

• (11) In this section " statutory provision" means a provision contained in, or having effect under, any enactment.

Provision of amenity for highway reserved for pedestrians

92

• (1) Where in relation to a highway an order has been made under section 91(2) above, a competent authority may carry out and maintain any such works on or in the highway, or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the highway and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

• (2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the highway with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment

• (3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the highway, but shall not so exercise them as—

• (a) to prevent persons from entering the highway at any place where they could enter it before the order under section 91 was made; or

• (b) to prevent the passage of the public along the highway; or

• (c) to prevent normal access by pedestrians to premises adjoining the highway ; or

• (d) to prevent any use of vehicles which is permitted by an order made under the said section 91 and applying to the highway; or

• (e) to prevent statutory undertakers from having access to any work of theirs under, in, on, over, along or across the highway.

• (4) An order under section 91(8) above may make provision requiring the removal of any obstruction of the highway resulting from the exercise by a competent authority of their powers under this section.

• (5) The competent authorities for the purposes of this section are county councils and town councils, but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the local planning authority and the highway authority (in a case where they are themselves not that authority).

Powers for local planning authorities analogous to s. 46 of Act of 1947

93

• (1) Subject to section 95 below, a local planning authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied that it is necessary to do so in order to enable development to be carried out—

• (a) in accordance with planning permission granted under Part II of the Act of 1947 or the enactments replaced by that Part of the Act; or

• (b) by a government department.

• (2) An order under this section may, if the local planning authority are satisfied that it should do so, provide—

• (a) for the creation of an alternative footpath or bridleway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing path or way for such use ;

• (b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping-up or diversion, creation or improvement, provision is made by the order;

• (c) for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway ;

• (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

• (3) The powers of a local planning authority under this section shall include power to make an order authorising the stopping-up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

• (4) Section 32(1) and (2) of the Mineral Workings Act 1951 (temporary order for stopping-up or diversion of highway) shall apply to an order made by a local planning authority under this section as it applies to an order made by the Secretary of State under section 46 of the Act of 1947, with the substitution—

• (a) for references to the Secretary of State of references to a local planning authority ; and

• (b) for the reference in subsection (2) to section 46(4) of the Act of 1947 of a reference to subsection (2) of this section.

Extinguishment of footpaths etc. over land held for planning purposes

94

• (1) Subject to section 95 below, where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the authority may by order extinguish any public right of way over the land, being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided, or that the provision of an alternative right of way is not required.

• (2) Any reference in subsection (1) above to the acquisition of land for planning purposes is a reference to the acquisition thereof under section 35 or 37 of the Act of 1947 or section 29 of this Act; and any reference to the appropriation of land for planning purposes is a reference to the appropriation thereof for purposes for which land can, or could have been, acquired under those sections.

Confirmation, validity, etc. of orders under ss. 93 and 94

95

• (1) An order under section 93 or 94 of this Act shall not take effect unless confirmed by the Secretary of State, or unless confirmed, as an unopposed order, by the authority who made it.

• (2) The Secretary of State shall not confirm any such order unless satisfied as to every matter of which the authority making the order are required under section 93 or 94 (as the case may be) to be satisfied.

• (3) The time specified—

• (a) in an order under section 93 above as the time from which a footpath or bridleway is to be stopped up or diverted; or

• (b) in an order under section 94 above as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

• (4) Schedule 7 to this Act shall have effect with respect to the confirmation of orders under section 93 or 94 of this Act and the publicity for such orders after they are confirmed.

Amendments of s. 46 of and Schedule 6 to Act of 1947

96

• (1) It is hereby declared for the avoidance of doubt that the incidental and consequential provisions which may be included in an order under section 46 of the Act of 1947 or section 90 or 91 above by virtue of section 46(4) of that Act shall include provisions providing for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

• (2) In paragraphs 1(b) and 4 of Schedule 6 to the Act of 1947 (periods for inspecting and objecting to a draft order under section 46), for the words " three months" there shall be substituted the words " twenty-eight days ".

Exchequer and Treasury matters

Grants for research, etc.

97

The Secretary of State may, with the consent of the Treasury, make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.

Exchequer contributions in connection with town development

98

In section 14(1) of the Housing and Town Development (Scotland) Act 1957 (Exchequer contributions towards specified expenses incurred by a local authority in connection with town development), after paragraph (b) there shall be inserted the following paragraph:—

(c) expenses of providing buildings and other works for social, cultural or recreational purposes

.

Agreements of Crown Estate Commissioners

99

An agreement made by the Crown Estate Commissioners under section 84 of the Act of 1947 (whereby a government department may agree with local planning authorities to secure the use of Crown land in conformity with the development plan) shall not require the approval of the Treasury; and accordingly, in paragraph (a) of the proviso to that section, the words " the Commissioners of Crown Lands or by " shall cease to have effect

Punishment of offences

Increase of certain penalties under Acts of 1947 and 1959

100

In the sections of the Act of 1947 and the Act of 1959 specified in Schedule 8 to this Act, the amendments shown in that Schedule shall be made (being amendments to increase the penalties to which persons may be subject under those sections and in certain cases to provide for punishment on indictment as well as summarily).

Offences by corporations

101

• (1) Where an offence under the Town and Country Planning (Scotland) Acts 1947 to 1966 or this Act, which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

• (2) In subsection (1) above, the expression " director", in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

PART VII — General

Expenses

102

There shall be defrayed out of moneys provided by Parliament—

• (a) any sums required for the payment of grants under section 97 above;

• (b) any other expenses of a Minister under this Act; and

• (c) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

103

• (1) In this Act, unless the context otherwise requires—

• " the Act of 1945 " means the Town and Country Planning (Scotland) Act 1945;

• " the Acquisition Act 1947 " means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• " the Act of 1947 " means the Town and Country Planning (Scotland) Act 1947;

• " the Act of 1954 " means the Town and Country Planning (Scotland) Act 1954;

• " the Act of 1959 " means the Town and Country Planning (Scotland) Act 1959;

• " the Act of 1965 " means the Control of Office and Industrial Development Act 1965 ;

• " bridleway " and " footpath " have the same meanings as in section 47 of the Countryside (Scotland) Act 1967;

• " the Lands Tribunal" means the Lands Tribunal for Scotland;

• " new development " has the same meaning as in section 16(5) of the Act of 1954;

• " prescribed " means prescribed by regulations made by the Secretary of State under this Act.

• (2) This Act and the Act of 1947 shall have effect as if this Act were part of that Act.

• (3) Until sections 1 to 3 of the Lands Tribunal Act 1949 come into force as regards Scotland, for any reference in this Act to the Lands Tribunal there shall be substituted a reference to an official arbiter appointed under Part I of the Land Compensation (Scotland) Act 1963, and sections 3 and 5 of that Act shall apply, subject to any necessary modifications, in relation to the determination of any question under this Act by an arbiter so appointed.

• (4) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Commencement

104

• (1) This Act shall come into operation on a day appointed by an order made by statutory instrument by the Secretary of State, and different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation of the same provision in different areas.

• (2) No order under this section relating to Part III of this Act shall be made unless a draft of the order has been approved by both Houses of Parliament.

• (3) Any reference in this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

• (4) An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptation of those provisions or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

• (5) The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

• (a) as to the provisions of this Act which have come, or are to be brought, into operation, and on which dates and in relation to which areas ; and

• (b) as to whether, in the case of a particular area, any transitional provision has been made by such an order.

• (6) The register maintained by the Secretary of State under this section shall be kept at his principal offices in Edinburgh; and the register shall be available for inspection by the public at all reasonable hours.

Adaptation, amendment and modification of enactments

105

Schedule 9 to this Act shall have effect for adapting and interpreting Acts other than this Act and for making amendments and modifications to such Acts, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Transitional provisions and savings

106

Schedule 10 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

Repeals

107

The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, citation and extent

108

• (1) This Act may be cited as the Town and Country Planning (Scotland) Act 1969.

• (2) The Town and Country Planning (Scotland) Acts 1947 to 1966 and this Act may be cited as the Town and Country Planning (Scotland) Acts 1947 to 1969.

• (3) This Act, except so far as it provides for Joint Planning Inquiry Commissions and except so far as it amends the House of Commons Disqualification Act 1957, shall extend to Scotland only.

SCHEDULE 1

Application for certificate and appeal against refusal thereof

1

An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Secretary of State, by him.

2

Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular—

• (a) for requiring the authority to give to any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with;

• (b) for requiring the authority to give to the Secretary of State, and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.

3

• (1) A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in paragraphs (a) to (d) of section 36(1) of the Act of 1959 (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application, or has tried to do so) and any such order may—

• (a) include requirements corresponding to those contained in subsections (2) to (4) of that section ; and

• (b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.

• (2) If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Provisions with respect to grant of certificate

4

An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

• (a) the land to which the certificate relates and any use thereof which is certified by the certificate as established;

• (b) by reference to the paragraphs of section 18(1) of this Act, the grounds on which that use is so certified ; and

• (c) the date on which the application for the certificate was made, which shall be the date at which the use is certified as established.

5

Where the Secretary of State, or a person appointed by him under section 22 or 24 of this Act to determine an appeal, grants an established use certificate, the Secretary of State or that person shall give notice to the local planning authority of that fact.

6

In section 12(5) of the Act of 1947 (register of decisions on planning applications) references to applications for planning permission shall include references to applications for established use certificates; and the information which may be prescribed as being required to be contained in a register kept under that subsection shall include information with respect to established use certificates granted by the Secretary of State or by a person appointed by him under section 22 or 24 of this Act to determine an appeal.

SCHEDULE 2

Execution of general vesting declarations

1

• (1) Where a compulsory purchase order authorising an acquiring authority to acquire any land has come into operation, the authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form (in this Schedule referred to as "a general vesting declaration ") vesting the land in themselves as from the end of such period as may be specified in the declaration (not being less than twenty-eight days) from the date on which the service of notices required by paragraph 4 below is completed.

• (2) A general vesting declaration shall contain a particular description of the lands affected or a description by reference of those lands in the manner provided by section 61 of the Conveyancing (Scotland) Act 1874.

2

• (1) Before making a general vesting declaration with respect to any land which is subject to a compulsory purchase order, the acquiring authority shall include in the notice of the making or confirmation of the order which is required to be published or served by paragraph 6 of Schedule 1 to the Acquisition Act 1947 or any other provision of the relevant enactments corresponding to that paragraph, or in a notice given subsequently and before the service of the notice to treat in respect of that land—

• (a) such a statement of the effect of paragraphs 1 to 8 of this Schedule as may be prescribed ; and

• (b) a notification to the effect that every person who, if a general vesting declaration were made in respect of all the land comprised in the order in respect of which notice to treat has not been given, would be entitled to claim compensation in respect of any such land is invited to give information to the authority making the declaration in the prescribed form with respect to his name and address and the land in question.

• (2) The requirements of the relevant enactments with respect to the publication and service of a notice of the making or confirmation of a compulsory purchase order shall apply to a notice under this paragraph given subsequently to the first-mentioned notice.

3

A general vesting declaration shall not be executed before the end of the period of two months beginning with the date of the first publication of the notice complying with paragraph 2(1) above, or such longer period, if any, as may be specified in the notice:

4

As soon as may be after executing a general vesting declaration, the acquiring authority shall serve—

• (a) on every occupier of any of the land specified in the declaration (other than land in which there subsists a short tenancy or a long tenancy which is about to expire); and

• (b) on every other person who has given information to the authority with respect to any of that land in pursuance of the invitation published and served under paragraph 2(1) above,

a notice in the prescribed form specifying the land and stating the effect of the declaration.

5

For the purposes of this Schedule, a certificate by the acquiring authority that the service of notices required by paragraph 4 above was completed on a date specified in the certificate shall be conclusive evidence of the fact so stated.

Effect of general vesting declaration

6

At the end of the period specified in a general vesting declaration, the provisions of the Lands Clauses Acts and of section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 (both as incorporated by Schedule 2 to the Acquisition Act 1947) and of the Land Compensation (Scotland) Act 1963 shall apply as if, on the date on which the declaration was made, a notice to treat had been served on every person on whom, under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 (on the assumption that they required to take the whole of the land specified in the declaration and had knowledge of all the parties referred to in that section) the acquiring authority could have served such a notice, other than—

• (a) any person entitled to an interest in the land in respect of which such a notice had actually been served before the end of that period ; and

• (b) any person entitled to a short tenancy or a long tenancy which is about to expire.

7

At the end of the period specified in a general vesting declaration, the land specified in the declaration, together with the right to enter upon and take possession of it, shall vest in the acquiring authority as if the circumstances in which under the said Act of 1845 an authority authorised to purchase land compulsorily have any power to expede a notarial instrument (whether for vesting land or any interest in land in themselves or for extinguishing the whole or part of any feu-duty, ground annual or rent, or other payment or incumbrance) had arisen in respect of all the land and all interests therein, and the acquiring authority had duly exercised that power accordingly at the end of that period.

8

Where any land specified in a general vesting declaration is land in which there subsists a short tenancy or a long tenancy which is about to expire—

• (a) the right of entry conferred by paragraph 7 above shall not be exercisable in respect of that land unless, after serving a notice to treat in respect of that tenancy, the acquiring authority have served upon every occupier of any of the land in which the tenancy subsists a notice stating that, at the end of such period as is specified in the notice (not being less than fourteen days) from the date on which the notice is served, they intend to enter upon and take possession of such land as is specified in the notice, and that period has expired ; and

• (b) the vesting of the land in the acquiring authority shall be subject to the tenancy until that period expires, or the tenancy comes to an end, whichever first occurs.

9

• (1) Subject to the following sub-paragraph, subsection (5) of section 10 of, and the supplementary provisions contained in Schedule 3 to the Land Commission Act 1967 (being provisions as to recording in the Register of Sasines, exclusion of power of entry, objections to severance, compensation and other miscellaneous matters arising on the making of a general vesting declaration under Part II of that Act) shall have effect for the purposes of paragraphs 6 to 8 above as they have effect for the purposes of section 10 of that Act.

• (2) For the purpose of applying the said Schedule 3 to paragraphs 6 and 8 above, the following substitution of references shall be made therein—

Original reference in Land Commission Act 1967, Schedule 3	Substituted references for purposes of this Schedule
The Land Commission	An acquiring authority
The Land Commission Act 1967	This Act
The Land Commission Act 1967—
Section 9(3)	Paragraph 4 of this Schedule
Section 10	Paragraphs 6 to 8 of this Schedule
Section 10(2)	Paragraph 7 of this Schedule.

• (3) In the said Schedule 3 as so applied, " land " shall have the same meaning as in this Schedule.

Recovery of compensation overpaid

10

The provisions of paragraphs 11 to 15 below shall have effect where, after the acquiring authority have made a general vesting declaration in respect of any land, a person claims compensation in respect of the acquisition by the authority of an interest in any land by virtue of the declaration, and the authority pay compensation in respect of that interest.

11

If, in a case falling within paragraph 10 above, it is subsequently shown—

• (a) that the land, or the claimant's interest in it, was subject to an incumbrance which was not disclosed in the particulars of his claim ; and

• (b) that by reason of that incumbrance the compensation paid exceeded the compensation to which the claimant was entitled in respect of that interest,

the acquiring authority may recover the amount of the excess from the claimant.

12

If, in a case falling within paragraph 10 above, it is subsequently shown that the claimant was not entitled to the interest in question, either in the whole or in part of the land to which the claim related, the acquiring authority may recover from him an amount equal to the compensation paid, or to so much of that compensation as, on a proper apportionment thereof, is attributable to that part of the land, as the case may be.

13

Any question arising under paragraph 11 or 12 above—

• (a) as to the amount of the compensation to which the claimant was entitled in respect of an interest in land; or

• (b) as to the apportionment of any compensation paid,

shall be referred to and determined by the Lands Tribunal; and in relation to the determination of any such question, the provisions of section 3 of the Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications.

14

Subject to paragraph 13 above, any amount recoverable by the acquiring authority under paragraph 11 or 12 above shall be recoverable in any court of competent jurisdiction.

15

Any sum recovered under paragraph 11 or 12 above in respect of land by an acquiring authority who are a local authority shall be applied towards the repayment of any debt incurred in acquiring or redeveloping that land or if no debt was so incurred shall be paid into the account out of which the compensation in respect of the acquisition of that land was paid.

Penalty for false information in claiming compensation

16

• (1) If any person, for the purpose of obtaining for himself or for any other person any compensation in respect of the acquisition by the acquiring authority of an interest in land by virtue of a general vesting declaration—

• (a) knowingly or recklessly makes a statement which is false in a material particular ; or

• (b) with intent to deceive produces, furnishes, sends or otherwise makes use of any book, account, or other document which is false in a material particular ; or

• (c) with intent to deceive withholds any material information,

he shall be guilty of an offence.

• (2) Any person guilty of an offence under this paragraph shall (without prejudice to the recovery of any sum under paragraph 11 or 12 above) be liable—

• (a) on summary conviction, to a fine not exceeding £400 :

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

Supplemental

17

• (1) In this Schedule " short tenancy " means a tenancy for a year or from year to year or any lesser interest, and " long tenancy which is about to expire ", in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).

• (2) In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—

• (a) that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or thereafter available to him, and

• (b) that the landlord will exercise any option to terminate the tenancy then or thereafter available to him.

18

In this Schedule—

• " relevant enactments ", in relation to an acquiring authority, means the enactments under which that authority may acquire or be authorised to acquire land compulsorily and which prescribe a procedure for effecting the compulsory acquisition of land by them by means of a compulsory purchase order;

• " land" , in relation to compulsory acquisition by an acquiring authority, has the same meaning as in the relevant enactments.

SCHEDULE 3

Section 38

In subsection (1)—

In subsection (6), for the words " a notice served under this section " there shall be substituted the words " a blight notice ".

After subsection (6), there shall be added the following subsection—

Section 39

In subsection (1), for the words " Where a notice has been served under the last preceding section " there shall be substituted the words " Where a blight notice has been served ".

For subsection (3) there shall be substituted the following subsection—

Section 40

In subsection (1), for the words "notice served under section thirty-eight of this Act" there shall be substituted the words " a blight notice ".

Section 41

In subsection (1), for the words " Where a notice has been served under section thirty-eight of this Act" there shall be substituted the words " Where a blight notice has been served ".

In subsection (2)(b), for the words "the notice under section thirty-eight of this Act" there shall be substituted the words " the blight notice ".

In subsection (3), for the words from the beginning to " that notice " there shall be substituted the words " Where the appropriate authority have served a counter-notice objecting to a blight notice ".

Section 42

In subsections (2)(a), (2)(b), (4)(a) and (4)(b), for the words " the whole or part" (wherever occurring) there shall be substituted the words " the whole or a substantial part ".

In subsections (2)(b), (3)(b) and (4)(b), for the words " six months before the date of service " there shall be substituted the words " twelve months before the date of service ".

In subsection (5)—

Section 54

In subsection (1), after the definition of the Act of 1954 there shall be inserted the following definition—

Schedule 5

In paragraph 8, for the words "a notice has been served under section thirty-eight of this Act" there shall be substituted the words " a blight notice has been served ".

Paragraphs 11(3) and 12(3) shall be omitted. In paragraph 13, for the words " a notice under section thirty-eight of this Act " there shall be substituted the words " a blight notice ".

SCHEDULE 4

PART I — Applications for Listed Building Consent

1

• (1) Provision may be made by regulations under this Act with respect to the form and manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

• (2) Any listed building consent shall (except in so far as it otherwise provides) enure for the benefit of the building and of all persons for the time being interested therein.

2

• (1) Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form corresponding to one or other of those described in paragraphs (a) to (d) of section 36(1) of the Act of 1959 (requirement of certificate that the applicant is the owner of the land or has given notice to the owners of his intended application or has tried to do so) and any such regulations may—

• (a) include requirements corresponding to those contained in subsections (2) to (4) of that section ; and

• (b) make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations made by virtue of this sub-paragraph.

• (2) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

3

• (1) The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.

• (2) A direction under this paragraph may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.

• (3) An application in respect of which a direction under this paragraph has effect shall be referred to the Secretary of State accordingly.

• (4) Before determining an application referred to him under this paragraph, the Secretary of State shall, if either the applicant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

• (5) The decision of the Secretary of State on any application referred to him under this paragraph shall be final.

4

• (1) Subject to the following provisions, a local planning authority to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and either—

• (a) a period of twenty-eight days has expired beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him; or

• (b) the Secretary of State has notified the authority that he does not intend to require the reference of the application.

• (2) The Secretary of State may, at any time before the said period expires, give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him, and the foregoing sub-paragraph shall then have effect with the substitution for a period of twenty-eight days or such longer period as may be specified in the Secretary of State's notice.

5

• (1) The Secretary of State may give directions that, in the case of such descriptions of application for listed building consent as he may specify, other than such consent for the demolition of a building, paragraph 4 above shall not apply ; and accordingly, so long as the directions are in force, local planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Secretary of State.

• (2) Without prejudice to the foregoing provisions of this Schedule, the Secretary of State may give directions to local planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified any applications made to them for listed building consent, and the decisions taken by the authorities thereon.

6

• (1) Where an application is made to the local planning authority for listed building consent and the consent is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may, by notice served in the prescribed manner within such period as may be prescribed, not less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Secretary of State.

• (2) A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim—

• (a) that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 28 of the Act of 1947 ; or

• (b) in the case of a building to which section 40(10) of this Act applies, that the Secretary of State should give a direction under that section with respect to the building; or

• (c) in the case of a building subject to a building preservation notice under section 48 of this Act, that the building should not be included in a list compiled or approved under the said section 28.

• (3) Subject to the following provisions of this paragraph, the Secretary of State may allow or dismiss an appeal thereunder, or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, and—

• (a) may deal with the application as if it had been made to him in the first instance ; and

• (b) may, if he thinks fit, exercise his power under section 28 of the Act of 1947 to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under section 40(10) of this Act to direct that that subsection shall no longer apply to the building.

• (4) Before determining an appeal under this paragraph, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (5) The decision of the Secretary of State on any appeal under this paragraph shall be final.

7

Where an application is made to the local planning authority for listed building consent, then, unless within the prescribed period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority either—

• (a) give notice to the applicant of their decision on the application ; or

• (b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under paragraph 3 of this Schedule,

the provisions of paragraph 6 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

PART II — Revocation of Listed Building Consent

8

• (1) If it appears to the local planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to these matters) they consider expedient.

• (2) An order under this paragraph shall not take effect unless it is confirmed by the Secretary of State ; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

• (3) Where a local planning authority submit an order to the Secretary of State for confirmation under this paragraph, the authority shall serve notice on the owner, lessee and occupier of the building affected and on any other person who in their opinion will be affected by the order ; and if within such period as may be specified in that notice (not being less than twenty-eight days after the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the local planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (4) The power conferred by this paragraph to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.

9

• (1) If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that an order under paragraph 8 above should be made, he may give directions to the authority requiring them to submit to him such an order for his confirmation, or may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the authority and confirmed by the Secretary of State under that paragraph.

• (2) The provisions of paragraph 8 above shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of this paragraph, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

10

• (1) Where listed building consent is revoked or modified by an order under this Part of this Schedule, then if on a claim made to the local planning authority in the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

• (a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification, or

• (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

• (2) For the purposes of this paragraph, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

• (3) Subject to sub-paragraph (2) above, no compensation shall be paid under this paragraph in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

11

• (1) The following provisions shall have effect where the local planning authority have made an order under paragraph 8 of this Schedule but have not submitted the order to the Secretary of State for confirmation by him. and—

• (a) the owner, lessee and occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order ; and

• (b) it appears to the authority that no claim for compensation is likely to arise under paragraph 10 above.

• (2) The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

• (a) the period (not less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose ; and

• (b) the period (not less than fourteen days from the expiration of the period referred to in paragraph (a) above) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this paragraph and without being confirmed by the Secretary of State.

• (3) The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) above, and the notice shall include a statement of the effect of sub-paragraph (7) below.

• (4) The authority shall send a copy of any advertisement published under sub-paragraph (2) above to the Secretary of State, not more than three days after the publication.

• (5) If within the period referred to in sub-paragraph (2)(a) above no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in sub-paragraph (2)(b) above, take effect by virtue of this paragraph and without being confirmed by the Secretary of State as required by paragraph 8 of this Schedule.

• (6) This paragraph does not apply to an order revoking or modifying a listed building consent granted by the Secretary of State under Part V of this Act or under this Schedule.

• (7) No compensation shall be payable under paragraph 10 of this Schedule in respect of an order under paragraph 8 thereof which takes effect by virtue of this paragraph and without being confirmed by the Secretary of State.

PART III — Proceedings on Listed Building Purchase Notice

12

• (1) The local planning authority on whom a listed building purchase notice is served shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

• (a) that the authority are willing to comply with the purchase notice, or

• (b) that another local planning authority or statutory under takers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

• (c) that for reasons specified in the notice under this sub paragraph, the authority are not willing to comply with the purchase notice and have not found any other local planning authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

• (2) Where the local planning authority on whom a listed building purchase notice is served by an owner or lessee have served on him a notice in accordance with sub-paragraph (1)(a) or (b) above, the authority, or the other local planning authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of section 50 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

• (3) Where the authority on whom a listed building purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with sub-paragraph (l)(c) above, they shall transmit a copy of the purchase notice to the Secretary of State together with a statement of their reasons ; and subsections (5) and (7) of section 17 of the Act of 1947 (procedure on reference of purchase notice to the Secretary of State) shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under that section, with the substitution for references therein to the Secretary of State taking action under that section of references to his taking action under paragraph 13 of this Schedule.

13

• (1) Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

• (2) The Secretary of State shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

• (3) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

• (4) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of this Schedule, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

• (5) If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

• (6) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

• (7) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land by substituting another local planning authority or statutory undertakers for the authority on whom the notice was served.

• (8) In section 17 of the Act of 1947 as applied by paragraph 12(3) above, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions specified in paragraphs (a) to (c) of section 42(1) of this Act are not fulfilled.

14

• (1) Where the Secretary of State confirms a listed building purchase notice, the authority on whom the notice was served (or, if under paragraph 13(7) above the Secretary of State modified the notice by substituting another authority or statutory undertakers for that authority, that other authority or those undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

• (2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 13 above, and has not notified the owner or lessee by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the authority on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 50 of this Act and to have served a notice to treat in respect thereof at the end of that period.

• (3) In this paragraph—

• (a) " the relevant interest " means the owner's or lessee's interest in the land or, if the purchase notice is confirmed by the Secretary of State in respect of only part of the land, the owner's or lessee's interest in that part;

• (b) " the relevant period " is whichever of the following periods first expires, that is to say—

• (i) the period of nine months beginning with the date of the service of the purchase notice ; and

• (ii) the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

• (4) Where the Secretary of State has notified the owner or lessee by whom a listed building purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent), and that decision of the Secretary of State is quashed under the provisions of section 31 of the Act of 1959, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further listed building purchase notice in its place.

• (5) For the purpose of any regulations made under this Act as to the time within which a listed building purchase notice may be served, the service of a purchase notice under sub-paragraph (4) above shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the decision to refuse listed building consent or to grant it subject to conditions (being the decision in consequence of which the listed building purchase notice is served) had been made on the date on which the decision of the Secretary of State was quashed as mentioned in sub-paragraph (4) above.

15

Where in consequence of listed building consent being revoked or modified by an order under Part II of this Schedule, compensation is payable in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of paragraph 10 above.

PART IV — Provisions about Enforcement Notices under Section 44

16

• (1) A listed building enforcement notice shall be served on the owner, lessee and occupier of the building to which it relates ; and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

• (2) Subject to the following provisions of this Schedule, a listed building enforcement notice shall take effect at the end of such period, not less than twenty-eight days after the service of the notice, as may be specified therein.

• (3) The local planning authority may withdraw a listed building enforcement notice (without prejudice to their power to serve another) at any time before it takes effect; and if they do so, they shall forthwith give notice of the withdrawal to every person who was served with the notice.

17

• (1) A person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time within the period specified in the notice as the period at the end of which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds:—

• (a) that the building is not of special architectural or historic interest;

• (b) that the matters alleged to constitute a contravention of section 40 of this Act do not involve such a contravention ;

• (c) that the works were urgently necessary in the interests of safety or health, or for the preservation of the building;

• (d) that listed building consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted;

• (e) that the notice was not served as required by paragraph 16 of this Schedule ;

• (f) that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

• (g) that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed ;

• (h) that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building in its former state.

• (2) An appeal under this paragraph shall be made by notice in writing to the Secretary of State, which shall indicate the grounds of appeal and state the facts on which it is based; and on any such appeal the Secretary of State shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (3) Where an appeal is brought under this paragraph, the notice shall be of no effect pending the final determination or withdrawal of the appeal.

• (4) Where an appeal is brought under this paragraph—

• (a) the Secretary of State may correct any informality, defect or error in the notice if he is satisfied that the informality, defect or error is not material;

• (b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by paragraph 16 of this Schedule to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

• (5) On the determination of an appeal under this paragraph, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice or for varying the terms of the notice in favour of the appellant, and the Secretary of State may—

• (a) grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous ;

• (b) in so far as any works already executed constitute development for which planning permission is required, grant such permission in respect of the works ;

• (c) if he thinks fit, exercise his power under section 28 of the Act of 1947 to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under section 40(10) of this Act to direct that that subsection shall no longer apply to the building.

• (6) Any planning permission granted by the Secretary of State under sub-paragraph (5) above shall be treated as granted on an application for the like permission under Part II of the Act of 1947, and any listed building consent granted by him thereunder shall be treated as granted on an application for the like consent under Part I of this Schedule ; and—

• (a) in relation to the grant thereunder either of planning permission or of listed building consent, the Secretary of State's decision shall be final;

• (b) for the purposes of section 12(5) of the Act of 1947 (local planning authority's register of planning applications) a decision of the Secretary of State to grant planning permission shall be treated as having been given by him in dealing with an application for planning permission made to the local planning authority.

18

The validity of a listed building enforcement notice shall not, except by way of an appeal under this Part of this Schedule, be questioned in any proceedings whatsoever on any of the grounds specified in sub-paragraphs (b) or (e) of paragraph 17(1) of this Schedule.

PART V — Provisions Applicable on Lapse of Building Preservation Notice

19

The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 48(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 28 of the Act of 1947.

20

The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 40 or 45 of this Act committed by him with respect to the said building while the notice was in force.

21

Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building while the notice was in force shall also lapse.

22

Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under Part IV of this Schedule shall lapse, but section 46(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

SCHEDULE 5

1

In relation to matters specified in the first column of the Table below (being matters mentioned in section 62(1) above which may be referred to a Planning Inquiry Commission under that section) " the responsible Minister or Ministers " for the purposes of sections 62 and 63 of this Act are those specified opposite in the second column of the Table.

2

Where an entry in the second column of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Referred matter	Responsible Minister or Ministers
1. Application for planning permission or an appeal—
(a) relating to operational land of statutory undertakers, or to land in the case of which the circumstances mentioned in section 71(2) of this Act are present,	The Secretary of State and the appropriate Minister (if different).
(b) relating to other land.	The Secretary of State.
2. Proposal that a government department should give a direction or that development should be carried out by or on behalf of a government department.	The Secretary of State and the Minister (if different) in charge of the government department concerned.

SCHEDULE 6

Interpretation

1

In relation to matters specified in the first column of the Table below (being matters which under section 64 of this Act may be referred to a Joint Planning Inquiry Commission), " the responsible Ministers", for the purposes of this Schedule, are those specified opposite in the second column of the Table, acting jointly.

Referred matter	Responsible Ministers
(1) Application for planning permission or appeal—
(a) relating to operational land of statutory undertakers, or to land in the case of which there are present the circumstances mentioned in section 71(2) of this Act, or the corresponding provision of the Act of 1968,	The Secretary of State, the Minister of Housing and Local Government and the appropriate Minister (if different).
(b) relating to other land.	The Secretary of State and the Minister of Housing and Local Government.
(2) Proposal that a government department should give a direction under section 32 of the Act of 1947 or section 41 of the Act of 1962, or that development should be carried out by or on behalf of a government department.	The Secretary of State, the Minister of Housing and Local Government and the Minister (if different) in charge of the government department concerned.

2

In this Schedule—

• (a) " the Act of 1962" and " the Act of 1968 " mean respectively the Town and Country Planning Act 1962 and the Town and Country Planning Act 1968 ;

• (b) " commission " means a Joint Planning Inquiry Commission constituted under section 64 of this Act; and

• (c) " referred matter " means a matter referred to a commission under that section.

3

Where this Schedule refers to the appropriate Minister, the local authority or the local planning authority, the reference shall be construed, according to its context, as if it were contained in the Act of 1947 or in the Act of 1962.

The reference

4

Two or more of the matters mentioned in subsection (1) of section 64 of this Act may be referred to the same commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

5

Where a referred matter relates to a proposal to carry out development for any purpose at a particular site, the responsible Ministers may also refer to the commission the question whether development for that purpose should be instead carried out at an alternative site, whether in Scotland or in England, or partly in one and partly in the other.

6

The responsible Ministers shall, on referring a matter to a commission, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to them to be relevant to their inquiry.

7

• (1) A reference to a commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

• (2) A reference of any other matter mentioned in subsection (1) of section 64 of this Act may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

Notice of reference to persons and authorities concerned

8

• (1) Notice of the making of a reference to a commission shall be published in the prescribed manner, and a copy of the notice shall be served on the local planning authority for the area in which it is proposed that the relevant development shall be carried out.

• (2) In the case of an application for planning permission referred under section 13 of the Act of 1947 or section 22 of the Act of 1962, or an appeal under section 14 of the Act of 1947 or section 23 of the Act of 1962, notice shall also be served—

• (a) on the applicant or appellant; and

• (b) on any person who has made representations, relating to the subject matter of the application or appeal, which the local planning authority are required to take into account under section 35(4) or 36(4) of the Act of 1959 or, as the case may be, section 17(2) or (3) of the Act of 1962.