Town and Country Planning (Scotland) Act 1969

• (3) In the case of a proposal that a direction should be given by a government department under section 32 of the Act of 1947 or section 41 of the Act of 1962 with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

• (4) In this paragraph, " prescribed " means prescribed by regulations made by the Secretary of State and the Minister of Housing and Local Government jointly in the exercise of their respective powers under the Act of 1947 and the Act of 1962.

Proceedings of commission on reference

9

A commission inquiring into a referred matter shall—

• (a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and assess the importance to be attached to those considerations or aspects ;

• (b) thereafter, comply with paragraph 10 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission ;

• (c) report to the responsible Ministers on the said matter.

10

A commission shall afford the following persons an opportunity of appearing and being heard as aforesaid:—

• (a) in any case, the local planning authority, if the authority so desire ;

• (b) in the case of a matter mentioned in section 62(1)(a), (b) or (c) of this Act or section 62(1)(a), (b) or (c) of the Act of 1968, the applicant, if he so desires ; and

• (c) in the case of an application or appeal mentioned in either of the said sections 62(1)(a) or (b), 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 section 17(2) or (3) of the Act of 1962.

11

• (1) The provisions of section 13(2) of the Act of 1947 and of that subsection as applied by section 14(2) of that Act, and of sections 22(6) and 23(4) of this Act, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.

• (2) Sections 22(5) and 23(5) of the Act of 1962 (duty of Minister of Housing and Local Government to afford parties a hearing in cases of called-in applications for planning permission and appeals), and sections 21(6) and 22(4) of the Act of 1968 (corresponding provision in relation to appeal determined by a person appointed by the Minister under Part III of that Act) shall not apply to an application for planning permission, or an appeal, referred to a commission.

Local inquiries

12

A commission shall, for the purpose of complying with paragraph 10 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire the opportunity of appearing and being heard.

13

Where a commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

14

For the purposes of the Tribunals and Inquiries Act 1958, a local inquiry held by a commission—

• (a) if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision ; and

• (b) if held in England, shall be treated as one held by the Minister of Housing and Local Government in pursuance of a duty so imposed.

15

• (1) Subsections (4) to (9) of section 50 of the Act of 1945 (power to summon and examine witnesses, and expenses at inquiries) shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

• (2) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a commission in England as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Minister of Housing and Local Government.

Supplementary

16

• (1) A commission may, with the approval of the Ministers and at their expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to the commission to be relevant to a referred matter.

• (2) In this paragraph " the Ministers " means the Secretary of State and the Minister of Housing and Local Government, acting jointly ; but their functions under this paragraph may, by arrangements made between them, be exercised by either acting on behalf of both.

17

Subject to the provisions of this Schedule, and to any directions given to them by the responsible Ministers, a commission shall have power to regulate their own procedure.

SCHEDULE 7

PART I — Confirmation of Orders

1

• (1) Before an order under section 93 or 94 of this Act is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

• (a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order ;

• (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order may be inspected free of charge at all reasonable hours ; and

• (c) specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

• (2) Subject to sub-paragraph (3) below, the notice to be given under sub-paragraph (1) above shall be given—

• (a) by publication in the Edinburgh Gazette and in at least one local newspaper circulating in the area in which the land to which the order relates is situated ; and

• (b) by serving a like notice on—

• (i) every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the Housing (Repairs and Rents) (Scotland) Act 1954) of any of that land ;

• (ii) every county or town council whose area includes any of that land ;

• (iii) any statutory undertakers to whom there belongs, or by whom there is used, for the purposes of their undertaking, any apparatus under, in, on, over, along or across that land ; and

• (iv) any person named in the order by virtue of section 93(2)(d) of this Act; and

• (c) by causing a copy of the notice to be displayed in a prominent position at the ends of so much of any footpath or bridleway as is to be stopped up, diverted or extinguished by virtue of the order.

• (3) Except in the case of an owner, occupier or lessee being a local authority or statutory undertakers, the Secretary of State may in any particular case direct that it shall not be necessary to comply with sub-paragraph (2)(b)(i) above ; but if he so directs in the case of any land then in addition to publication the notice shall be addressed to " the owners and any occupiers " of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

2

If no representations or objections are duly made, or if any so made are withdrawn, the authority by whom the order was made may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification).

3

• (1) If any representation duly made is not withdrawn, the Secretary of State shall, before confirming the order, if the objection is made by a local authority, cause a local inquiry to be held, and in any other case either—

• (a) cause a local inquiry to be held ; or

• (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may confirm the order, with or without modifications:

Provided that in the case of an order under section 93 of this Act, if objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purpose of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

• (2) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm an order so as to affect land not affected by the order as submitted to him, except after—

• (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (not being less than twenty-eight days from the date of the first publication of the notice) within which, and the manner in which representations or objections with respect to the proposal may be made ;

• (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by the Secretary of State for the purpose ; and

• (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections as the case may be;

and, in the case of an order under section 93 of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

4

• (1) The Secretary of State shall not confirm an order under section 93 of this Act which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purpose of their undertaking, unless the undertakers have consented to the confirmation of the order; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

• (2) The consent of statutory undertakers to any such order shall not be unreasonably withheld ; and any question arising under this paragraph whether the withholding of consent is unreasonable, or whether any requirement is reasonable, shall be determined by whichever Minister is the appropriate Minister in relation to the statutory undertakers concerned.

5

Regulations under this Act may, subject to this Part of this Schedule, make such provision as the Secretary of State thinks expedient as to the procedure on the making, submission and confirmation of orders under sections 93 and 94 of this Act.

PART II — Publicity for Orders after Confirmation

6

As soon as may be after an order under section 93 or 94 of this Act has been confirmed by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made shall publish, in the manner required by paragraph 1(2) of this Schedule, a notice in the prescribed form, describing the general effect of the order, stating that it has been confirmed, and naming a place where a copy thereof as confirmed may be inspected free of charge at all reasonable hours, and shall—

• (a) serve a like notice and a copy of the order as confirmed on any persons on whom notices were required to be served under the said paragraph 1(2); and

• (b) cause a like notice to be displayed in the like manner as the notice required to be displayed under the said paragraph 1(2):

SCHEDULE 8

The Act of 1947

Section 22 (Supplementary provisions as to enforcement)

In subsection (3) (penalty for use of land in contravention of enforcement notice), for the words " fifty pounds " there shall be substituted the words " £400, or on conviction on indictment to a fine ", for the words " not exceeding twenty pounds " there shall be substituted the words " not exceeding £50 " and at the end there shall be added the words " or on conviction on indictment to a fine ".

Section 24 (Orders requiring discontinuance of use or alteration or removal of buildings or works)

In subsection (4) (penalty for non-compliance with order), for the words " fifty pounds " there shall be substituted the words " £400, or on conviction on indictment to a fine ", for the words " not exceeding twenty pounds " there shall be substituted the words " not exceeding £50 " and at the end there shall be added the words " or on conviction on indictment to a fine ".

Section 30 (Supplementary provisions regarding control of advertisements)

In subsection (3) (penalty for displaying advertisements in contravention of regulations), for the words from " fifty pounds " to the end of the subsection there shall be substituted the words " £100 and, in the case of a continuing offence, £5 for each day during which the offence continues after conviction ".

Section 99 (Powers of entry)

In subsection (6) (penalty for disclosing trade secrets obtained on entry to a factory etc.), for the words from " one hundred pounds " to the end of the subsection there shall be substituted the words " £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both ".

Section 102 (Power to require information as to ownership of land)

For the words from " and any person who, having " to the end of the section there shall be substituted the following subsections—

The Act of 1959

Section 36 (Notification of application for planning permission to owners of the land and others)

In subsection (6) (penalty for false certificate under section 36(1)), for the words " not exceeding fifty pounds " there shall be substituted the words " not exceeding £100 ".

SCHEDULE 9

PART I — General Provisions for Adaptation and Interpretation

1

For the purposes of the Act of 1947, this Act, any other enactment relating to town and country planning, the Land Compensation (Scotland) Act 1963 and Part II of the Land Commission Act 1967, the development plan for any area (whether the whole or part of the district of a local planning authority) shall be taken as consisting of—

• (a) the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State's notice of approval of the plan ;

• (b) any alterations to that plan, together with the Secretary of State's notices of approval thereof;

• (c) any provisions of a local plan for the time being applicable to the area, together with a copy of the authority's resolution of adoption or, as the case may be, the Secretary of State's notice of approval of the local plan ; and

• (d) any alterations to that local plan, together with a copy of the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval thereof.

2

References in paragraph 1 above to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

3

References in paragraphs 1 and 2 above to notices of approval shall, in relation to any plan or alteration made by the Secretary of State under section 12 of this Act, be construed as references to notices of the making of the plan or alteration.

4

Any reference in the Town and Country Planning (Scotland) Acts 1947 to 1966 to the carrying out of a survey or the preparation, approval, making or amendment of a development plan under Part II of the Act of 1947 or to a plan or amendment approved or made under the said Part II shall be construed as a reference to the carrying out of a survey or the preparation, approval, adoption, making or amendment of a structure plan or local plan under Part I of this Act or, as the case may be, to a plan or amendment approved, adopted or made thereunder.

5

References in any Act to the acquisition of land under Part III of the Act of 1947 or to land acquired thereunder shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under any provision of this Act and to land acquired under any such provision, and—

• (a) any such references in sections 24 to 28 of the Act of 1945 (ancillary provisions as to the acquisition of land) shall be respectively construed as also including references to the compulsory acquisition of land under any enactment other than the Act of 1947 and this Act and to land compulsorily acquired under any such enactment; and

• (b) in section 17(1B) of the Act of 1947 (effect of purchase notice accepted by local planning authority or statutory undertakers), and section 17(2) of that Act (confirmation of purchase notice by Secretary of State), references to compulsory acquisition shall, in the case of statutory undertakers, be construed as references to any statutory provision (however expressed) under which the undertakers have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

6

Any reference in the Land Compensation (Scotland) Act 1963 to an area defined in the current development plan as an area of comprehensive development shall be construed as a reference to an action area for which a local plan is in force.

7

The foregoing provisions of this Schedule shall have effect subject to any specific provision contained in Part II of this Schedule and to the provisions of Schedule 10 to this Act.

PART II — Specific Adaptations, Amendments and Modifications

The Town and Country Planning (Scotland) Act 1945 (c. 33)

8

In section 18(4) (consent of Secretary of State to disposal or appropriation of certain land) after the word " section " there shall be inserted the words " or of land acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

9

In section 18(5) (special provisions as to land comprised in an area of comprehensive development) for the words " comprised in an area defined by a development plan as an area of comprehensive development" there shall be substituted the words " acquired or appropriated for planning purposes for a reason mentioned in section 29(1)(a) to (c) of the Town and Country Planning (Scotland) Act 1969 ".

The Town and Country Planning (Scotland) Act 1947 (c. 53)

10

Any reference to section 35 of the Act shall be construed (according as the context may require) as including, or as being replaced by, a reference to section 29 of this Act.

11

In section 12 (applications for planning permission)—

• (a) in subsection (1), after the word " provisions " (where first occurring) there shall be inserted the words " of sections 66 and 67 of the Act of 1969 and ";

• (b) in subsection (3)(a), after the word " authority " there shall be inserted the words " either indefinitely or ".

12

In section 17 (obligation to purchase land on refusal of planning permission in certain cases), the following amendments shall be made:—

• (a) after subsection (1A) of that subsection there shall be inserted the following subsection:—

(1AA) Where the local planning authority upon whom a purchase notice is served under this section do not, within the period specified in subsection (1A) above, serve a notice under that subsection on the owner by whom the purchase notice was served, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of Part III of this Act, and to have served a notice to treat in respect thereof at the expiration of the said period.

;

• (b) in subsection (1B), for the words "the last foregoing subsection " (in both places where they occur) there shall be substituted the words " subsection (1A) above ";

• (c) in subsection (3), the words " the end of the period specified in subsection (1A) of this section " and the words " whichever is the earlier " shall cease to have effect;

• (d) in subsection (7), after the word " purpose " there shall be inserted the words " or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing ".

13

In section 22 (supplementary provisions as to enforcement)—

• (a) in subsection (1), for the words "sheriff under the last foregoing section" there shall be substituted the words " Secretary of State ";

• (b) in subsection (2) for the words " any development" there shall be substituted the words " any breach of planning control (as defined by section 15 of the Act of 1969)

and for the words " by whom the development was carried out " there shall be substituted the words " by whom the breach of planning control was committed ".

14

In section 23(1) (agreements regulating development or use of land), the words " with the approval of the Secretary of State " shall be omitted.

15

In section 28(4) (duty of Secretary of State to notify owner etc. of building when it has become, or ceased to be, listed), for the words "the Secretary of State shall serve a notice " there shall be substituted the words " the local planning authority concerned in whose district the building is situated, on being informed of the fact by the Secretary of State, shall serve a notice in the prescribed form ".

16

In section 29(1)(d) (enforcement of control of advertising), after the words " this Act" there shall be inserted the words " or Part II of the Act of 1969 ".

17

In section 29(4) (definition of areas of special control in connection with advertisements), the words from " either" to first " or " shall be omitted.

18

In section 30(2) (compensation for restrictions on advertising), for the words " the date on which the regulations come into force " there shall be substituted the words " 16th August 1948 ".

19

In section 32(3) (local authority land), after the words " this Part of this Act", where they first occur, there shall be inserted the words " and Part II of the Act of 1969 ", and after the words " this Part of this Act", where they subsequently occur, there shall be inserted the words " or Part II of the Act of 1969 ".

20

In section 38(5) (acquisition by agreement of buildings of architectural or historic interest), for the words from " any building " to the end of the subsection there shall be substituted the following paragraphs :—

(a) any building appearing to them to be of special architectural or historic interest; and (b) any land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

21

In section 39(1) (appropriation of land for planning purposes), the words " specified in a development plan (being a purpose " shall cease to have effect.

22

In section 42(1) (objections to compulsory purchase orders), for the words from the beginning to " purpose" there shall be substituted the words " Where it is proposed that land should be acquired compulsorily under section 29 or 30 of the Act of 1969 ".

23

In section 73(2) (authorisation of existing development), for the words " Part II of this Act" there shall be substituted the words " Part II of the Act of 1969 ".

24

In section 78(1) (power to modify Act in relation to minerals), after the words " of this Act" there shall be inserted the words " and of the Act of 1969 ".

25

In section 83 (Crown land), the following amendments shall be made:—

• (a) in subsection (3)(a), for the words " twenty-one, twenty-four, twenty-six, twenty-seven or thirty-one of this Act" there shall be substituted the words " 24, 26 or 31 of this Act or section 15 or 44 of the Act of 1969 ";

• (b) in subsection (4), after the word " Act" there shall be inserted the words " or section 42 of the Act of 1969 ";

• (c) for subsection (5) there shall be substituted the following subsections:—

(5) No enforcement notice shall be served under section 15 of the Act of 1969 in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out. (5A) No enforcement notice under section 44 of the Act of 1969 shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

26

In section 86(1) (application to National Coal Board of provisions of the Act of 1947 relating to statutory undertakers), after the words " of this Act" (where first occurring) there shall be inserted the words " or of the Act of 1969 ".

27

In section 93 (contributions by Ministers towards compensation paid by local authorities), after the words " section seventeen of this Act)" there shall be inserted the words " or Part II, III, or V of the Act of 1969 ".

28

In section 94(1)(b) (contribution by local authorities and statutory undertakers), at the end there shall be added the words " or Part II or Part V of the Act of 1969 or Schedule 4 to that Act ".

29

In section 95(2) (expenses of local authorities), for the words " section thirty-four of this Act" there shall be substituted the words " the Act of 1969 ".

30

Section 96 (default powers of Secretary of State) shall be amended as follows:—

• (a) in subsection (1), for the words from "an enforcement notice " to " section 31 of this Act" there shall be substituted the following words—

(a) an enforcement notice under section 15 of the Act of 1969 or under the provisions of that section as applied by regulations made under section 29 of this Act; or (b) a notice under section 31 of this Act; or (c) a stop notice under section 20 of the Act of 1969 ; or (d) an enforcement notice under section 44 of that Act; or (e) a completion notice under section 69 of that Act; should be served ", and for the words in the proviso from " an enforcement notice " to " this Act" there shall be substituted the words " an enforcement notice under section 15 or 44 of the Act of 1969 which is served by the Secretary of State, the provisions of section 22 of this Act or, as the case may be, sections 45 and 46 of that Act

;

• (b) for subsection (4)(a) there shall be substituted the following paragraph:—

(a) that the council of a county or a burgh have failed to take steps for the acquisition of any land which, in the opinion of the Secretary of State, ought to be acquired by that council under section 29 of the Act of 1969 for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated, or

.

31

Section 99 (powers of entry) shall be amended as follows:—

• (a) at the end of subsection (1)(c) there shall be added the words " or to serve any notice under Part II or Part V of the Act of 1969 ";

• (b) after that subsection there shall be inserted the following subsections:—

(1A) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building thereon in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 28 of this Act. (1B) Any person duly authorised in writing by the Secretary of State or a local planning authority may at any reasonable time enter any land for the purpose of ascertaining whether, with respect to any building on the land, an offence has been, or is being, committed under Part V of the Act of 1969, or whether the building is being maintained in a proper state of repair

;

• (c) in subsection (2), for the words from " a Minister " to " so designated " there shall be substituted the words " a local authority or Minister authorised to acquire land under section 29 or 30 of the Act of 1969 ";

• (d) in subsection (3)(a), at the end there shall be added the words " or under the Act of 1969 ".

32

In section 105(1) (determination of disputes as to compensation), after the words "compulsory acquisition of land)" there shall be inserted the words " or under Part II or Part V or section 91 of the Act of 1969 ".

33

In section 113(1) (interpretation), after the definition of "Act of 1945 " there shall be inserted the following—

• ' Act of 1969 ' means the Town and Country Planning (Scotland) Act 1969;

.

34

In paragraph 1 of Part III of Schedule 1 (joint advisory committees for advising constituent authorities as to preparation of development plans etc.), the reference to development plans shall be construed as a reference to structure plans and local plans.

35

In Schedule 4, in paragraph 1, after the words "of this Act" there shall be inserted the words " or under Part V or section 91 of the Act of 1969 ".

36

In Schedule 5 (development by statutory undertakers), the following amendments shall be made:—

• (a) in paragraph 1(1), after the words " such an application " there shall be inserted the words " or such an application is deemed to be made under section 16(7) of the Act of 1969 on an appeal under that section by statutory undertakers ";

• (b) after paragraph 1(1) there shall be inserted the following sub-paragraph:—

(1A) An application for planning permission which is deemed to have been made by virtue of section 19(5) of the Act of 1969 shall be determined by the Secretary of State and the appropriate Minister.

The Building (Scotland) Act 1959 (c. 24)

37

Section 17(2) (restriction on demolition requirement or on requirement as to operations to be carried out) shall be amended as follows:—

• (a) for paragraph (b) there shall be substituted the following paragraph—

(b) subject to a building preservation notice under section 48 of the Town and Country Planning (Scotland) Act 1969

;

• (b) in paragraph (c) for the words " said Act of 1947 " there shall be substituted the words " Town and Country Planning (Scotland) Act 1947 ";

• (c) after the words " Act of 1931 " there shall be inserted the words " the said Act of 1969 ".

Town and Country Planning (Scotland) Act 1959 (c. 70)

38

In section 31 (proceedings for challenging validity of certain orders and decisions), the following amendments shall be made :—

• (a) at the end of subsection (3) there shall be added the following paragraphs—

(f) any order under section 22 of the Town and Country Planning (Scotland) Act 1945 (extinguishment of right of way); (g) any order under section 26 of the said Act of 1945 (relief for statutory undertakers); (h) any order under section 46 of the Act of 1947 (stopping up and diversion of highways); (i) any order under section 90 of the Act of 1969 (stopping up and diversion of highways); (j) any order under section 91 of the Act of 1969 (conversion of highway into footpath or bridleway); (k) any order under section 93 or 94 of the Act of 1969 (stopping up and extinguishment of footpaths etc) ; (l) any order under Part II of Schedule 4 to the Act of 1969 (revocation or modification of listed building consent).

;

• (b) at the end of subsection (4) there shall be added the following paragraphs—

(f) any decision of the Secretary of State on an appeal to him under section 14 of the Civic Amenities Act 1967; " (g) any decision of the Secretary of State on an appeal to him under section 16(1)(a), (f) or (g) of the Act of 1969 against any enforcement notice ; (h) any decision of the Secretary of State on an application for an established use certificate referred to him under section 19(1) of the Act of 1969 ; (i) any decision of the Secretary of State on an appeal under section 19(2) of the Act of 1969 ; (j) any decision of the Secretary of State to confirm a purchase notice under section 42 of the Act of 1969 or not to confirm such a notice (including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice either wholly or in part); (k) any decision of the Secretary of State to confirm a completion notice under section 69 of the Act of 1969 ; (l) any decision of the Secretary of State on an application referred to him under paragraph 3 of Schedule 4 to the Act of 1969, being an application for listed building consent for any works; (m) any decision of the Secretary of State on an appeal to him under paragraph 6 or Part IV of that Schedule ; (n) any decision of the Secretary of State under paragraph 17(5)(a) of that Schedule to grant listed building consent for any works or under paragraph 17(5)(b) of that Schedule to grant planning permission in respect of any works.

;

• (c) in subsection (5)(b), after the words " Act of 1954 " there shall be inserted the words " of the Act of 1969 ".

39

In section 35(1)(b) (certain planning applications not to be determined before end of a specified period), for the words from " appearing from the evidence " onwards there shall be substituted the words " of the application ".

40

In section 36(1) (application for planning permission to be accompanied by certificate that applicant is proprietor or lessee of the land etc.)—

• (a) in paragraph (c), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so "; and

• (b) in paragraph (d), for the words " and that" to the end of the paragraph there shall be substituted the words " that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so ".

The Control of Office and Industrial Development Act 1965 (c. 33)

41

In section 17 (application to Scotland), after the words "Act of 1962 " there shall be inserted the words " or of the Town and Country Planning Act 1968 ".

The Industrial Development Act 1966 (c. 34)

42

In section 24 (provisions as to conditions of industrial development certificates), in subsection (9)(b), for the words after the word " reference" where first occurring there shall be substituted the words " in subsection (3) to section 16 of the Town and Country Planning Act 1968 there shall be substituted a reference to section 16 of the Town and Country Planning (Scotland) Act 1969 ".

The Housing (Scotland) Act 1966 (c. 49)

43

In section 18 (provisions as to houses subject to building preservation orders etc.), in subsection (1), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) in relation to which a building preservation notice served under section 48 of the Town and Country Planning (Scotland) Act 1969 is in force, or (b) which is a listed building within the meaning of Part V of that Act

,

and, in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) subject to a building preservation notice served under the said section 48, or (b) a listed building within the meaning of the said Part V.

The Local Government (Scotland) Act 1966 (c. 51)

44

In section 25(3)(c) (exemption from rating of unoccupied property), for the words from " of a building " to " of that Act" there shall be substituted the words " of a building preservation notice as defined by section 48 of the Town and Country Planning (Scotland) Act 1969 or are included in a list compiled or approved under section 28 of the Town and Country Planning (Scotland) Act 1947 "

The Land Commission Act 1967 (c. 1)

45

In section 6(3) (conditions precedent to the compulsory purchase of land by the Land Commission), the reference in paragraph (b) to the current development plan shall be construed as a reference to a local plan for the time being applicable to the district and any alterations thereto (including a plan or alterations made available for inspection in pursuance of section 7(2) of this Act, but not yet in force) and the authority's resolutions of adoption or, as the case may be, the Secretary of State's notices of approval or making of the plan or alterations.

The Civic Amenities Act 1967 (c. 69)

46

In section 1 (preservation of character of areas of special architectural or historic interest), at the end of subsection (5)(b) there shall be added the words " or the Scottish Planning Act of 1969 ".

47

In section 3 (acts causing or likely to result in damage to listed buildings), for subsection (4) there shall be substituted the following subsection—

(4) In the application of this section to Scotland— (a) in subsection (1), for the references to section 41(1) of the Planning Act of 1968 and section 32 of the Planning Act there shall be substituted respectively references to section 41(1) of the Scottish Planning Act of 1969 and section 28(1) of the Scottish Planning Act; (b) in subsection (2), for the references to the Planning Act and to Part V of the Planning Act of 1968 there shall be substituted respectively references to the Scottish Planning Act and Part V of the Scottish Planning Act of 1969.

48

In section 6 (works to preserve listed buildings etc.), in subsection (2), for the words from " the proviso " to the end there shall be substituted the words " subsection (2) of section 48 of the Scottish Planning Act of 1969 ".

49

In section 8 (management of buildings acquired under section 38 of the Scottish Planning Act), in subsection (3)(b), for the words after the word " references " where first occurring there shall be substituted the words " to section 71(1)(b) of the Planning Act, sections 50(1) and 50(2) of the Planning Act of 1968 there shall be substituted respectively references to section 38(5) of the Scottish Planning Act, sections 50(1) and 50(2) of the Scottish Planning Act of 1969 ".

50

In section 14 (default powers and appeals relating to notices in connection with tree preservation orders), for paragraph (b) of subsection (5) there shall be substituted the following paragraph—

(b) in subsection (3), for the words from ' section 16(2)' onwards there shall be substituted the words ' section 16(2), (3) and (4)(a) of the Town and Country Planning (Scotland) Act 1969 and so much of section 16(5) of that Act as enables the Secretary of State to give directions shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice '

.

51

In section 16 (power of local planning authority to make tree preservation order with immediate effect)—

• (a) in subsection (1), the words "by the Minister" shall be omitted; and

• (b) for subsections (2) and (3) there shall be substituted the following subsections:—

(2) Notwithstanding section 26(4) of the Scottish Planning Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until— (a) the expiration of a period of six months beginning with the date on which the order was made ; or (b) the date on which the order is confirmed or, in the case of an order which can be confirmed only by the Minister, on which he notifies the authority who made the order that he does not propose to confirm it; whichever first occurs. (3) Provision shall be made by regulations under the Scottish Planning Act for securing— (a) that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction ; and (b) that where the Minister, in the case of an order which can be confirmed only by him, within the period of six months referred to in subsection (2) above, notifies the authority that he does not propose to confirm the order, copies of that notice shall be served on the owners, occupiers and lessees of the land to which the order related.

.

52

In section 30 (interpretation), in subsection (1), after the definition of "the Scottish Planning Act" there shall be inserted the following—

• " the Scottish Planning Act of 1969 " means the Town and Country Planning (Scotland) Act 1969

.

SCHEDULE 10

Development plans

1

Until the repeal of the enactments in Part II of the Act of 1947 mentioned in Schedule 11 to this Act as respects any area (Whether the whole or part of the district of a local planning authority), proposals for any alterations or additions to a development plan in force in the area shall not without the approval of the Secretary of State be submitted to him under section 4 of that Act.

2

On the repeal of the said enactments in the said Part II as respects any area, the development plan which was in force in the area immediately before the repeal takes effect (hereafter in this Schedule referred to as " the old development plan ") shall, subject to the following provisions of this Schedule, continue in force as respects that area and be treated for the purposes of the Act of 1947, this Act, any other enactment relating to town and country planning, the Land Compensation (Scotland) Act 1963 and the Land Commission Act 1967 as being comprised in, or as being, the development plan therefor.

3

Subject to the following provisions of this Schedule, where by virtue of paragraph 2 above the old development plan for any area is treated as being comprised in a development plan for that area and there is a conflict between any of its provisions and those of the structure plan for that area, the provisions of the structure plan shall be taken to prevail for the purposes of Parts II and III of the Act of 1947, Part II of the Act of 1954, Part IV of the Act of 1959, Parts II and VI of this Act and Schedule 4 to this Act.

4

Where a structure plan is in force in any area, but no local plan is in force in that area, a street authorisation map prepared in pursuance of the Town and Country Planning (Development Plans) (Scotland) Regulations 1966 for that area shall—

• (a) if in force immediately before the structure plan comes into force, be treated for the purposes of this Act as having been adopted as a local plan by the local planning authority ;

• (b) if immediately before the structure plan comes into force it was under consideration by the Secretary of State, be treated for those purposes as having been so adopted on being approved by the Secretary of State.

5

Where a structure plan is in force in any area, but no local plan is in force in that area, then, for any of the purposes of the Land Compensation (Scotland) Act 1963—

• (a) the development plan or current development plan shall, as respects that area, be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, that is to say, the structure plan, so far as applicable to the area, and any alterations thereto, together with the Secretary of State's notice of approval of the plan and alterations, or the old development plan ;

• (b) land situated in an area defined in the current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as aforesaid, that is to say, any area wholly or partly within the area first-mentioned in this paragraph selected by the structure plan as an action area or the area so defined in the old development plan.

6

Subject to paragraph 7 below, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the district of a local planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.

7

Before making an order with respect to a development plan under paragraph 6 above, the Secretary of State shall consult with the local planning authority for the district to which the plan relates.

8

Any reference in paragraphs 1 and 2 above to the repeal of Part II of the Act of 1947 shall, in a case where that repeal is brought by an order under section 104 of this Act into operation on different days, be construed as a reference to a repeal of such of the provisions of the said Part II as may be specified in the order.

Enforcement of planning control

9

• (1) References in this Act to an enforcement notice shall be construed as not including references to an enforcement notice served, before the commencement of Part II of this Act, under section 21 of the Act of 1947.

• (2) In relation to an enforcement notice so served, the provisions of the Act of 1947, and of any other Act passed before this Act, shall continue to apply as if this Act had not been passed.

• (3) Nothing in this paragraph shall prevent the withdrawal, after the said commencement, of an enforcement notice so served or the service thereafter of an enforcement notice under Part II of this Act.

10

The amendment of section 14 of the Civic Amenities Act 1967 which is made by paragraph 50 of Schedule 9 to this Act shall not have effect in relation to a notice served under that section before the commencement of Part II of this Act.

Acquisition of land

11

Sections 28 to 30 of this Act shall not apply to any land the acquisition of which was, immediately before the commencement of those sections, authorised by a compulsory purchase order made by a local authority or statutory undertakers or by a Minister, or was then proposed to be authorised by such an order which had not been confirmed by a Minister or, as the case may be, had been prepared in draft by a Minister, but with respect to which a notice had then been published in accordance with paragraph 3(a) of Schedule 1 to the Acquisition Act 1947.

12

Section 31 of this Act shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before the commencement of that section.

13

In relation to a notice served under section 38 of the Act of 1959 before the commencement of sections 34 and 35 of this Act, and to any hereditament or agricultural unit which is the subject of the notice, Part IV of and Schedule 5 to the Act of 1959 shall, after that commencement, have effect without any of the amendments made by Part IV of this Act.

14

• (1) Notwithstanding any amendment by this Act of sections 38 to 42 of, and Schedule 5 to, the Act of 1959, the description of land contained in section 38(1)(b) of that Act (land allocated by a development plan for the purposes of a government department, etc.) shall continue as one of the specified descriptions for the purposes of those sections and that Schedule in their application to any district to which this paragraph applies.

• (2) This paragraph applies to any area for which no local plan is in force under Part I of this Act—

• (a) allocating any land in the area for the purposes of such functions as are mentioned in section 34(1)(a) of this Act; or

• (b) defining any land in the area as the site of proposed development for the purposes of any such functions.

• (3) To the extent that section 38(1)(b) of the Act of 1959 survives by virtue of this paragraph, and for so long as it does so, the amendment by this Act of the definition of " the relevant date " in section 42(5) of that Act shall be treated as not displacing the reference in that definition to section 38(1)(b).

15

The validity of a compulsory purchase order made under section 34, 35 or 38 of the Act of 1947 shall not be affected by the repeal of that section; and a compulsory purchase order made (but not confirmed), or made in draft, before the repeal of that section took effect may be confirmed or made thereunder as if this Act had not been passed.

Buildings of architectural or historic interest

16

• (1) Where, before the commencement of Part V of this Act, consent under a building preservation order has been given, either by the local planning authority or by the Secretary of State on appeal, for the execution of any works, the consent shall operate in respect of those works as listed building consent, subject to the same conditions (if any) as were attached to the consent under the building preservation order.

• (2) In the case of demolition works for which consent has been given under a building preservation order compliance with section 40(4)(b) of this Act shall not be required.

17

Where, before the commencement of Part V of this Act an application has been made for consent under a building preservation order for any works, any proceedings pending at the commencement of Part V of this Act and arising out of the application (including any appeal) may be continued and disposed of under and in accordance with the provisions of Part V of this Act corresponding to provisions of the building preservation order as to the making of applications, the decision of the local planning authority thereon and appeals to the Secretary of State against the said decision.

18

The repeal by this Act of section 27 of the Act of 1947 shall not prevent a local planning authority from taking such proceedings as could have been taken to enforce any building preservation order made under that section and for securing the restoration of a building to its former state as could have been taken but for the repeal; and in relation to any such proceedings the provisions of the order and of any provisions of the Act of 1947 incorporated therewith, shall continue to have the same effect as if this Act had not been passed.

The National Coal Board

19

The provisions of the Act of 1947 applied by regulations under section 86(1) of that Act in relation to the National Coal Board and land of that Board shall, until the coming into operation of the first regulations made under that subsection after the commencement of sections 70 to 72 of this Act, continue to have effect as so applied as if those sections had not been enacted.

SCHEDULE 11