Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

• (dd) for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;

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

• (2) The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by regulations under this Act ora development order as they apply in relation to applications for planning permission.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Permission to retain buildings or works or continue use of land

29

• (1) On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

• (2) Subsection (1) of this section applies to development carried out—

• (a) without planning permission;

• (b) in accordance with planning permission granted for a limited period; or

• (c) without complying with some condition subject to which planning permission was granted.

• (3) Planning permission for such development may be granted so as to have effect from—

• (a) the date on which the development was carried out; or

• (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

Provisions as to effect of planning permission

30

• (1) Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

• (2) Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

Information regarding, and registers of, applications and decisions

31

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Every. . . planning authority shall keep, in such manner as may be prescribed by such regulations or the order, a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Regulations under this Act or a development order make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by such regulations or the order, and may also make provision—

• (a) for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

• (b) for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion of any different entry relating thereto in another part of the register.

• (4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

• (5) The provisions of this section shall apply in relation to applications for an approval required by such regulations or the order as they apply in relation to applications for planning permission.

Secretary of State’s powers in relation to planning applications and decisions

Reference of applications to Secretary of State

32

• (1) The Secretary of State may give directions requiring, any such application as is mentioned in section 23(2) of this Act, to be referred to him instead of being dealt with by. . . planning authorities.

• (2) a direction under this section—

• (a) may be given either to a particular. . . planning authority or to. . . planning authorities generally; and

• (b) may relate either to a particular application or to applications of a class specified in the direction.

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

• (4) Subject to subsection (5) of this section, where an application. . . is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 26(1) to (3A),, 27(1), 27A, 28A and 29 shall apply, with any necessary modifications, as they apply to an application. . . which falls to be determined by the. . . planning authority and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act..

• (5) Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . 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.

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against planning decisions

33

• (1) Where an application is made to a. . . planning authority

• (a) for planning permission to develop land;

• (b) for an approval of that authority required under a development order; or

• (c) for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

• (2) Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by regulations under this Act or a development order.

• (3) Where an appeal is brought under this section from a decision of a. . . planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

• (4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . 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) Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections . . . 26(1) to (3A), 27(1) 27A and 28A, 27A and 29 shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . planning authority and regulations under this Act or a development order may apply, with or without modifications, to such an appeal any requirements imposed by regulations or such an order by virtue of section 23 or 24 of this Act.

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

• (7) If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 26(1), and 27(1) of this Act ,any regulations made under this Act in that regard and of any development order and to any directions given under such regulations or such order, planning permission for that development—

• (a) could not have been granted by the. . . planning authority; or

• (b) could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

• (7A) If at any time before or during the determination of an appeal under this section it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

• (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

• (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

• (8) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

Appeal in default of planning decision

34

Where any such application as is mentioned in section 33(1) of this Act is made to a planning authority, then unless within such period as may be prescribed by regulations under this Act or a development order, or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . planning authority, the. . . planning authority . . . —

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

• (ab) give notice to the applicant that they have exercised their power under section 26A of this Act to decline to determine 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 section 32 of this Act,

the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by regulations under this Act or a development order, or at the end of the said extended period, as the case may be.

Review of planning decisions where compensation claimed

35

Provisions supplementary to s. 35

36

Deemed planning permission

Development by local authorities and statutory undertakers with sanction of government department

37

• (1) Where the sanction of a government department. . . is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that sanction, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

• (2) The provisions of this Act (except Part XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act.

• (3) For the purposes of this section development shall be taken to be sanctioned by a government department if—

• (a) any consent, authority or approval to or for the development is granted by the department in pursuance of an enactment;

• (b) a compulsory purchase order is confirmed by the department authorising the purchase of land for the purpose of the development;

• (c) consent is granted by the department to the appropriation of land for the purpose of the development or the acquisition of land by agreement for that purpose;

• (d) authority is given by the department for the borrowing of money for the purpose of the development, or for the application for that purpose of any money not otherwise so applicable; or

• (e) any undertaking is given by the department to pay a grant in respect of the development in accordance with an enactment authorising the payment of such grants,

and references in this section to the sanction of a government department shall be construed accordingly.

Duration of planning permission

Limit of duration of planning permission

38

• (1) Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

• (a) five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

• (b) such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

• (2) If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

• (3) Nothing in this section applies—

• (a) to any planning permission granted by a development order;

• (aa) to any planning permission granted by an enterprise zone scheme;

• (ab) to any planning permission granted by a simplified planning zone scheme;

• (b) to any planning permission granted for a limited period;

• (bb) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

• (i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

• (ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

• (c) to any planning permission for any development carried out before the grant of planning permission

• (d) to any outline planning permission, as defined by section 39 of this Act.

Outline planning permission

39

• (1) In this section and section 38 of this Act “outline planning permission” means planning permission granted, in accordance with the provisions of regulations under this Act ora development order, with the reservation for subsequent approval by the. . . planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.

• (2) Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—

• (a) that, in the case of any reserved matter, application for approval must be made before—

• (i) the expiration of 3 years from the date of the grant of outline planning permission; or

• (ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or

• (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest:

• (b) that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

• (i) the expiration of five years from the date of the grant of outline planning permission; or

• (ii) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

• (3) If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.

• (4) The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

• (5) The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

• (6) In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.

Provisions supplementary to ss. 38 and 39

40

• (1) For the purposes of sections 38 and 39 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

• (2) In subsection (1) of this section “specified operation” means any of the following, that is to say—

• (a) any work of construction in the course of the erection of a building;

• (aa) any work of demolition of a building;

• (b) the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

• (c) the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in the last preceding paragraph;

• (d) any operation in the course of laying out or constructing a road or part of a road;

• (e) any change in the use of any land, where that change constitutes material development.

• (3) In subsection (2)(e) of this section “material development” means any development other than—

• (a) development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

• (b) development of a class specified in paragraph 1 or 2 of Schedule 6 to this Act;

• (c) development of any class prescribed for the purposes of this subsection;

and in this subsection “general development order” means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.

• (4) The authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . planning authority or the Secretary of State, in the case of planning permission granted by them, and—

• (a) in the case of planning permission under section 37 of this Act is the department on whose direction planning permission is deemed to be granted; and

• (b) in the case of planning permission granted on an appeal determined, under paragraph 1 or 4 of Schedule 7 to this Act, by a person appointed by the Secretary of State to determine the appeal, is that person.

• (5) For the purposes of section 39 of this Act, a reserved matter shall be treated as finally approved when an application for approval is granted or, in a case where the application is made to the. . . planning authority and there is an appeal to the Secretary of State against the authority’s decision on the application and the Secretary of State or a person appointed by him under paragraph 1 or 4 of Schedule 7 to this Act to determine the appeal grants the approval, on the date of the determination of the appeal by the Secretary of State or that person.

• (6) Where a. . . planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of sections 38 or 39 of this Act to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 33 of this Act against the decision of the authority.

• (7) In the case of planning permission (whether outline or other) having conditions attached to it by or under section 38 or 39 of this Act—

• (a) development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and

• (b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

Termination of planning permission by reference to time limit

41

• (1) The following provisions of this section shall have effect where, by virtue of section 38 or 39 of this Act, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.

• (2) If the. . . planning authority are of opinion that the development will not be completed within a reasonable period, they may serve a notice (in this section referred to as a “completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

• (3) a completion notice—

• (a) shall be served on the owner and on the occupier of the land and on any other person who in the opinion of the. . . planning authority will be affected by the notice; and

• (b) shall take effect only if and when it is confirmed by the Secretary of State, who may in confirming it substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

• (4) If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall afford to that person and to the. . . planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (5) If a completion notice takes effect, the planning permission therein referred to shall at the expiration of the period specified in the notice, whether the original period specified under subsection (2) of this section or a longer period substituted by the Secretary of State under subsection (3) of this section, be invalid except so far as it authorises any development carried out thereunder up to the end of that period.

• (6) The. . . planning authority may withdraw a completion notice at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if they do so they shall forthwith give notice of the withdrawal to every person who was served with the completion notice.

Revocation or modification of planning permission

Power to revoke or modify planning permission

42

• (1) If it appears to the. . . planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part of this Act, the authority, subject to the following provisions of this section, may by order revoke or modify the permission to such extent as (having regard to those matters) they consider expedient.

• (2) Except as provided in section 43 of this Act, an order under this section 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. . . planning authority submit an order to the Secretary of State for his confirmation under this section, the authority shall serve notice on the owner, on the lessee and on the occupier of the land 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 from 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. . . 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 section to revoke or modify permission to develop land may be exercised—

• (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

• (b) where the permission relates to a change of the use of any land, at any time before the change has taken place:

• (5) An order under this section may include any such aftercare condition as the planning authority think fit if—

• (a) it also includes a restoration condition; or

• (b) a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

• (6) Subsections (3) to (19) of section 27A of this Act shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under that section.

Unopposed revocation or modification

43

• (1) The following provisions shall have effect where the. . . planning authority have made an order under section 42 of this Act but have not submitted the order to the Secretary of State for confirmation by him, and—

• (a) the owner, the lessee and the 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;. . . .

• (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 being 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 being less than fourteen days from the expiration of the period referred to in paragraph (a) of this subsection) 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 section 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 subsection (1)(a) of this section,. . . .

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

• (5) If within the period referred to in subsection (2)(a) of this section 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 subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 42(2) of this Act.

• (6) This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part of this Act or under Part IV or V thereof; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 38 or 39 of this Act.

Reference of certain matters to Planning Inquiry Commission or independent tribunal

Constitution of Planning Inquiry Commission

44

• (1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 45 of this Act.

• (2) Any such commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.

• (3) The Secretary of State may pay to the members of any such commission such remuneration and allowances as he may with the consent of the Treasury determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

• (4) The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References to a Planning Inquiry Commission

45

• (1) The following matters may, in the circumstances mentioned in subsection (2) of this section, be referred to a Planning Inquiry Commission, that is to say—

• (a) an application for planning permission which the Secretary of State has under section 32 of this Act directed to be referred to him instead of being dealt with by a. . . planning authority;

• (b) an appeal under section 33 of this Act (including that section as applied by or under any other provision of this Act);

• (c) a proposal that a government department should give a direction under section 37 of this Act that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;

• (d) a proposal that development should be carried out by or on behalf of a government department.

• (2) Any of the matters mentioned in subsection (1) of this section may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—

• (a) there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation thereof cannot be made unless there is a special inquiry for the purpose;

• (b) the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.

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

• (4) Where a matter referred to a commission under this section relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

• (5) The responsible Minister or Ministers shall, on referring a matter to a commission under this section, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

• (6) a commission inquiring into a matter referred to them under this section 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, if the applicant, in the case of a matter mentioned in subsection (1)(a), (b) or (c) of this section, or the. . . planning authority in any case so desire, afford to each of them, and, in the case of an application or appeal mentioned in the said subsection (1)(a) or (b), to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act, an opportunity of appearing before and being heard by one or more members of the commission;

• (c) report to the responsible Minister or Ministers on the matter referred to them.

• (7) Any such commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

• (8) Schedule 8 to this Act shall have effect for the construction of references in this section and in section 46 of this Act to “the responsible Minister or Ministers”.

Procedure on reference to a Planning Inquiry Commission

46

• (1) A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 45 of this Act may be made at any time before, but not after, the determination of the relevant application referred under section 32 of this Act or the relevant appeal under section 33 of this Act or, as the case may be, the giving of the relevant direction under section 37 of this Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

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

• (a) in the case of an application for planning permission referred under section 32 of this Act or an appeal under section 33 of this Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act;

• (b) in the case of a proposal that a direction should be given under section 37 of this Act with respect to any development, on the local authority or statutory undertakers applying for sanction to carry out that development.

• (3) A Planning Inquiry Commission shall, for the purpose of complying with section 45(6)(b) of this Act, 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. . . planning authority desire an opportunity of appearing and being heard.

• (4) Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) of this section in connection with a matter referred to them, and it appears to the responsible Minister or 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 section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

• (5) An inquiry held by such a commission under this section shall be treated for the purposes of the Tribunals and Inquiries Act 1992 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

• (6) Subsections (4) to (9) of section 267 of this Act (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under subsection (3) of this section as they apply to an inquiry held under that section.

• (7) Subject to the provisions of this section and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

Commissions to inquire into planning matters affecting Scotland and England

47

• (1) The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under this section; and the matters which may be so referred are those which may, under section 45 of this Act or section 101 of the Town and Country Planning Act 1990, be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.

• (2) a Joint Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Ministers.

• (3) The Ministers may pay to the members of any such commission such remuneration and allowances as they may with the consent of the Treasury determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting the commission in the discharge of their functions.

• (4) The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In this section “the Ministers” means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly; but their functions under subsection (3) of this section may, by arrangements made between them, be exercised by either acting on behalf of both.

• (7) Schedule 9 to this Act shall have effect with respect to the Joint Planning Inquiry Commissions and references to them under this section, and with respect to the proceedings of a commission on any such reference.

Appeal to independent tribunal

48

Additional powers of control

Orders requiring discontinuance of use or alteration or removal of buildings or works

49

• (1) If it appears to a. . . planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

• (a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

• (b) that any buildings or works should be altered or removed,

the. . . planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

• (1A) For the purposes of this section development consisting of the winning and working of minerals or involving the deposit of refuse or waste materials in, on or under any land is to be treated as a use of that land.

• (1B) Subsection (1) of this section shall have effect as if—

• (a) the words

or (c) that any plant or machinery used for the winning and working or depositingshould be altered or removed,

were added at the end of paragraph (b); and

• (b) the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.

• (1C) Where development consisting of the winning and working of minerals or involving the deposit of refuse or waste materials is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

• (1D) An order under this section may include any such aftercare condition as the planning authority think fit if—

• (a) it also includes a restoration condition; or

• (b) a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

• (1E) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

• (a) required by section 41A of this Act; or

• (b) specified in the order.

• (1F) In a case where—

• (a) the use specified is a use for agriculture; and

• (b) the land was in use for agriculture immediately before the development began or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

• (c) the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

• (1G) In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

• (2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . planning authority on an application made under this Part of this Act.

• (3) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

• (3A) Planning permission for such development may be granted so as to have effect from—

• (a) the date on which the development was carried out; or

• (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.

• (4) An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

• (5) Where a. . . planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from 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. . . planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

• (6) Where an order under this section has been confirmed by the Secretary of State, the. . . planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

• (7) Subject to subsection (7A) of this section,where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

• (7A) Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.

• (8) In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . planning authority making the order.

Agreements regulating development or use of land

50

• (1) A. . . planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . planning authority to be necessary or expedient for the purposes of the agreement.

• (2) An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland,, be enforceable at the instance of the. . . planning authority against persons deriving title to the land from the person with whom the agreement was entered into:

• (3) Nothing in this section or in any agreement made thereunder shall be construed—

• (a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

• (b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination whether planning permission required

Applications to determine whether planning permission required

51

Part IV — Additional Control in Special Cases

Buildings of special architectural or historic interest

List of buildings of special architectural or historic interest

52

• (1) For the purposes of this Act and with a view to the guidance of. . . planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

• (2) In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

• (a) any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

• (b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

• (3) Before compiling or approving, with or without modifications, any list under this section, or amending any list thereunder the Secretary of State shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

• (4) As soon as may be after any list has been compiled or approved under this section, or any amendments of such a list have been made, a copy of so much of the list as relates to the district of any . . . planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 or the local authority for the purposes of the Housing (Scotland) Acts 1966 to 1969, or of so much of the amendments as relates thereto, as the case may be, certified by or on behalf of the Secretary of State to be a true copy thereof, shall be deposited with the clerk of that authority.

• (5) As soon as may be after the inclusion of any building in a list under this section, whether on the compilation or approval of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, the. . . 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 on every owner, lessee and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

• (6) The Secretary of State shall keep available for public inspection, free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under this section; and every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

• (7) In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building—

• (a) any object or structure fixed to the building;

• (b) any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so much before 1st July 1948.

• (8) Every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Act of 1947 but was not then included in a list compiled or approved under section 28 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the. . . planning authority in whose district the building is situated, on being notified of the Secretary of State’s direction, shall give notice of it to the owner, lessee and occupier of the building.

• (9) Before giving a direction under subsection (8) of this section in relation to a building, the Secretary of State shall consult with the. . . planning authority and with the owner, lessee and occupier of the building.

Control of works for demolition, alteration or extension of listed buildings

53

• (1) Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under subsection (2) of this section, he shall be guilty of an offence.

• (2) Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act . . . if—

• (a) the. . . planning authority or the Secretary of State have granted written consent . . . for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 54 of this Act; and

• (b) in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

• (i) for a period of at least three months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

• (ii) the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission’s behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

• (2A) If written consent is granted by the planning authority or the Secretary of State for the retention of works for the demolition, alteration or extension of a listed building which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.

• (3) In subsection (2) of this section “the Royal Commission” means the Royal Commission on the Ancient and Historical Monuments of Scotland; but the Secretary of State may, by order provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

• (3A) Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as “building consent”.

• (4) Without prejudice to subsection (1) of this section, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent . . ., he shall be guilty of an offence.

• (5) A person who is guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,0, or both; or

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

and in determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

• (6) In proceedings for an offence under this section it shall be a defence to prove the following matters—

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

• (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

• (c) that the works carried out were limited to the minimum measures immediately necessary, and

• (d) that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.

Provisions supplementary to s. 53

54

• (1) Section 53 of this Act shall not apply to works for the demolition, alteration or extension of—

• (a) an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

• (b) a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In considering whether to grant planning Permission for development which affects a listed building or its setting, and in considering whether to grant listed building consent for any works, the. . . planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

• (4) Listed building consent may be granted subject to conditions; and, without prejudice to the generality of the foregoing provisions of this subsection, the conditions may include conditions with respect to—

• (a) the preservation of particular features of the building, either as part of it or after severance therefrom;

• (b) the making good, after the works are completed, of any damage caused to the building by the works;

• (c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

• (4A) Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.

• (5) In granting a listed building consent a planning authority may attach to the consent a condition that no demolition of the listed building shall take place until either or both of the following requirements have been met—

• (a) an agreement for the regulation of the development of the site of the listed building has been made and recorded under section 50 of this Act;

• (b) the planning authority are satisfied that contracts have been placed either—

• (i) for the redevelopment of the site; or

• (ii) for its conversion to an acceptable open space,

in accordance with a current planning permission.

• (6) Part I of Schedule 10 to this Act shall have effect with respect to applications to. . . planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a. . . planning authority or the Secretary of State.

Acts causing or likely to result in damage to listed buildings

55

• (1) Where a building, not being a building excluded by section 54(1) of this Act from the operation of section 53 of this Act, is included in a list compiled or approved under section 52 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

• (3) Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.

Building preservation notice in respect of building not listed

56

• (1) If it appears to the. . . planning authority, in the case of a building in their district which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) of this section) serve on the owner, lessee and occupier of the building a notice (in this section referred to as a “building preservation notice”)—

• (a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 52 of this Act; and

• (b) explaining the effect of subsections (3) and (4) of this section.

• (2) a building preservation notice shall not be served in respect of an excepted building, that is to say—

• (a) an ecclesiastical building which is for the time being used for ecclesiastical purposes; or

• (b) a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

• (3) a building preservation notice shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 52 of this Act or notifies the. . . planning authority in writing that he does not intend to do so.

• (4) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 55) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 52), the provisions of Part III of Schedule 10 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

• (5) If, following the service of a building preservation notice, the Secretary of State notifies the. . . planning authority that he does not propose to include the building in a list compiled or approved under section 52 of this Act, the authority—

• (a) shall forthwith give notice of the Secretary of State’s decision to the owner, lessee and occupier of the building; and

• (b) shall not, within the period of twelve months beginning with the date of the Secretary of State’s notification, serve another such notice in respect of the said building.

• (6) If it appears to the. . . planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.

Trees

Planning permission to include appropriate provision for preservation and planting of trees

57

It shall be the duty of the. . . planning authority—

• (a) to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and

• (b) to make such orders under section 58 of this Act as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

Tree preservation orders

58

• (1) If it appears to a. . . planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their district, they may for that purpose make an order (in this Act referred to as a “tree preservation order”) with respect to such trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—

• (a) for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping; uprooting, wilful damage or wilful destruction of trees except with the consent of the. . . planning authority, and for enabling that authority to give their consent subject to conditions;

• (b) for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

• (c) for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act falling within subsection (2) of this section, subject to such adaptations and modifications as may be specified in the order.

• (2) References in this Act to provisions thereof falling within this subsection are references to—

• (a) the provisions of Part III of this Act relating to planning permission and to applications for planning permission, except sections 22, 23, 24, 25, 26(2) to (6), 31(3), . . . 38 to 41 and 44 to 47 of this Act; and

• (b) such of the provisions of Part IX of this Act as are therein stated to be provisions falling within this subsection;

• (c) section 256 of this Act.

• (3) a tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 57(a) of this Act, as from the time when those trees are planted.

• (4) Subject to section 59 of this Act and section 2 of the Town and Country Planning Act 1984 (tree preservation orders in anticipation of disposal of Crown land), a tree preservation order shall not take effect until it is confirmed by the planning authority; and the planning authority may confirm any such order either without modification or subject to such modification as they consider expedient. As soon as may be after a tree preservation order is so confirmed, it shall be recorded in the appropriate Register of Sasines by the. . . planning authority.

• (5) Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the submission and confirmation of such orders; and the regulations may (without prejudice to the generality of this subsection) make provision as follows—

• (a) that, before a tree preservation order is confirmed by the planning authority, notice of the making of the order shall be given to the owners, lessees and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;

• (b) that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the planning authority;

• (c) . . .

• (d) that copies of the order, when confirmed by. . . the authority, shall be served on such persons as may be specified in the regulations.

• (6) Without prejudice to any other exemptions for which provision may be made by a tree preservation order, nothing in a tree preservation order shall prohibit the uprooting, felling or lopping of any tree if such uprooting, felling or lopping is urgently necessary in the interests of safety, or is necessary for the prevention or abatement of a nuisance, so long as notice in writing of the proposed operations is given to the. . . planning authority as soon as may be after the necessity for the operations arises, or if such uprooting, felling or lopping is carried out in compliance with any obligation imposed by or under any Act of Parliament.

• (7) In relation to land in respect of which the Forestry Commissioners have made advances under section 4 of the Forestry Act 1967 or in respect of which there is in force a forestry dedication agreement entered into with the Commissioners under section 5 of that Act, a tree preservation order may be made only if—

• (a) there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under such an agreement; and

• (b) the Commissioners consent to the making of the order.