Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

• (1) If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 16(1) of this Act, make an application to the Court of Session under this section.

• (2) On any application under this section the Court of Session—

• (a) may by interim order wholly or in part suspend the operation of the plan, alteration, repeal or replacement, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;

• (b) if satisfied that the plan, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

• (3) The preceding provisions of this section shall apply, subject to any necessary modifications—

• (a) to an order under section 198, under section 203(1)(a) or under section 224 of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned there were substituted a reference either, in the case of sections 198, and 203(1)(a), to the notice required by section 204(6) of this Act, or, in the case of section 224, to the notice required by subsection (5) of that section; and

• (b) to an order under section 198A, under section 199, under section 201, or under section 203(1)(b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 18 to this Act is first published in accordance with that paragraph.

• (4) Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications—

• (a) for the references to Part II of this Act substitute references to Part III of this Act, and

• (b) for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act,

and with any other necessary modifications.

Proceedings for questioning validity of other orders, decisions and directions

233

• (1) If any person—

• (a) is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that order; or

• (b) is aggrieved by any action on the part of the Secretary of State to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

• (2) Without prejudice to subsection (1) of this section, if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

• (3) This section applies to any such order as is mentioned in subsection (2) of section 231 of this Act and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of the said section 231.

• (4) On any application under this section the Court of Session—

• (a) may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, until the final determination of the proceedings;

• (b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:

• (5) In relation to a tree preservation order, or to an order made in pursuance of section 61(4) of this Act, the powers conferred on the Court of Session by subsection (4) of this section shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

• (6) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.

• (7) In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment), which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies is a reference to the planning authority, and, in relation to any such decision as is mentioned in section 231(3)(i) or (j) of this Act, being a decision confirming the notice in question subject to the substitution of another local authority or statutory undertakers for the planning authority, shall be construed as including a reference to that other local authority or those statutory undertakers.

Appeals to Court of Session against decisions under s. 51

234

Special provisions as to decisions relating to statutory undertakers

235

In relation to any action which—

• (a) apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 231(3) of this Act; but

• (b) by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 231 and 233 of this Act shall have effect (subject to section 236 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

Special provisions as to orders subject to special parliamentary procedure

236

• (1) Where an order under section 198, 201 or 224 of this Act is subject to special parliamentary procedure, then—

• (a) if the order is confirmed by Act of Parliament under section 2(4), as read with section 10, of the Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, the provisions of sections 231 and 232 of this Act shall not apply to the order;

• (b) in any other case, section 232 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

• (2) Where by virtue of Part XI of this Act any such action as is mentioned in section 235 of this Act is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

• (a) if the order in which the action is embodied is confirmed by Act of Parliament under the said Act of 1945, the provisions of sections 231 and 233 of this Act shall not apply;

• (b) in any other case, the provisions of section 233 of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under the said Act of 1945.

Part XIII — Financial Provisions

Grants for development, etc.

Grants for development, etc.

237

Maximum amount of grants under s. 237

238

• (1) Subject to the following provisions of this section, the amount of any grant paid to a local authority in accordance with regulations made under section 237 of this Act—

• (a) where that amount is calculated by reference to annual costs incurred or treated as incurred by the authority in respect of the borrowing of money to defray expenditure in respect of which the grant is made, or by reference to the excess of such annual costs over the receipts, or the annual value of receipts, mentioned in subsection (3)(b) of that section, shall not exceed an amount equal to fifty per cent, of those costs, or of that excess, as the case may be;

• (b) in any other case, shall not exceed an amount equal to fifty per cent, of the amount of the expenditure in respect of which the grant is made.

• (2) In respect of land of any of the following descriptions, that is to say—

• (a) land comprised in a compulsory purchase order made by a local planning authority under the Act of 1945 or the Act of 1947, and confirmed before 26th February 1954, being land acquired for war-damage redevelopment ;

• (b) land acquired by agreement for war-damage redevelopment with the consent of the Secretary of State given before that date;

• (c) land appropriated by a local planning authority for war damage redevelopment before that date; and

• (d) land acquired or appropriated for war-damage redevelopment (whether before or after that date), being land contiguous or adjacent to land falling within any of the preceding paragraphs,

subsection (1)(a) of this section shall apply (subject to subsection (3) of this section) as if for the words " fifty per cent" there were substituted the words " ninety per cent. ".

• (3) Subsection (2) of this section shall not authorise the payment, in the case of any land, of a grant at a higher rate in respect of a year or part of a year which, together with the preceding years or parts of years in respect of which grants at a higher rate have been paid in the case of that land, would extend beyond a total period of eight years.

• (4) In this section "war-damage redevelopment" means the redevelopment as a whole of an area of extensive war damage, and includes the relocation of population or industry, or the replacement of open space, in the course of such redevelopment.

• (5) In this section references to a grant at a higher rate are references to a grant of an amount which—

• (a) was or would have been authorised by section 89 of the Act of 1947 as that section had effect or would have had effect apart from section 52 of the Act of 1954 and the Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 and this Act; but

• (b) otherwise than by virtue of the provisions of the Act of 1954 corresponding to subsections (2) and (3) of this section, was not or would not have been authorised by the provisions substituted by the Act of 1954 for the said section 89.

Supplementary provisions as to grants under s. 237

239

• (1) Any approval of the Secretary of State required for the purposes of the payment of grant under section 237 of this Act in connection with the acquisition of land may be given subject to compliance with requirements imposed by the Secretary of State for securing that any negotiations for the acquisition of the land by the local planning authority will be carried out by the Valuation Office, and that any valuation of the land for the purposes of the acquisition, or for any purposes of the regulations, will be made by that office.

• (2) Subject to subsection (1) of this section, any regulations made for the purposes of section 237 of this Act may make provision whereby the payment of grants in pursuance of the regulations is dependent upon the fulfilment of such conditions as may be determined by or in accordance with the regulations, and may also make provision for requiring local planning authorities to whom grants have been so paid to comply with such requirements as may be so determined.

Grants for research and education

Grants for research and education

240

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

Contributions to certain expenditure

Contributions by Ministers towards compensation paid by local authorities

241

Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under—

• (a) Part III or Part IV of this Act;

• (b) sections 84 to 96 of this Act;

• (c) the provisions of Part IX of this Act relating to purchase notices;

• (d) Schedule 7 to this Act,

then if that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of moneys provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

Contributions by local authorities and statutory undertakers

242

• (1) Without prejudice to section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road), any local authority may contribute towards any expenses incurred by a local roads authority or the Secretary of State in the acquisition of land under Part VI of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the area of the local authority.

• (2) Any local authority and any statutory undertakers may contribute towards—

• (a) any expenses incurred by a. . . planning authority in or in connection with the carrying out of a survey or the preparation of a structure plan or local plan under Part II of this Act;

• (b) any expenses incurred by a. . . planning authority in or in connection with the performance of any of their functions under Part III (except section 25), Part IV, Part V (except sections 91A, 91B, 97 and 99) or Part VI (except section 116) of this Act, under the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices or under Schedule 10 to this Act.

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

Assistance for acquisition of property where objection made to blight notice in certain cases

243

A local authority may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 183 of this Act specifying the grounds mentioned in subsection (2)(d) of that section as, or as one of, the grounds of objection if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 181(4)(a) of this Act.

Recovery of compensation etc.

Recovery from acquiring authorities of sums paid by way of compensation

244

• (1) Where an interest in land is compulsorily acquired, or is sold to an authority possessing compulsory purchase powers, and any of the land comprised in the acquisition or sale is land in respect of which a notice to which this section applies is recorded (whether before or after the completion of the acquisition or sale) in respect of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected, the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 155(5A) of this Act) is to be treated as attributable to that land.

• (2) This section applies to notices recorded under . . . section 155(5) of this Act.

• (3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

• (4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.

• (5) Where by virtue of the preceding provisions of this section the Secretary of State recovers a sum in respect of any land, by reason that it is land in respect of which a notice is recorded under the provisions of section 147(4) of this Act as applied by section 155 of this Act, section 157(2) and (3) of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 157(2) of this Act.

Recovery from acquiring authorities of sums paid in respect of war-damaged land

245

Sums recoverable from acquiring authorities reckonable for purposes of grant

246

Where a sum is recoverable from an authority under section 244 . . . of this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Expenses and receipts of Secretary of State

Expenses of government departments

247

• (1) The following expenses of the Secretary of State shall be paid out of moneys provided by Parliament, that is to say—

• (a) any expenses incurred by the Secretary of State under subsection (2) of section 48 of this Act or under that subsection as applied by subsection (7) of section 61 of this Act, or in the payment of expenses of any committee established under the said section 61;

• (b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under section 145 . . . Part VIII of this Act;

• (c) any expenses incurred by the Secretary of State under Part X of this Act;

• (d) any expenses incurred by the Secretary of State in the making of grants. . . under section 240 of this Act;

• (e) subject to the provisions of subsection (4) of section 248 of this Act, any instalment payable by the Secretary of State under subsections (2) and (3) of that section;

• (f) any administrative expenses incurred by the Secretary of State for the purposes of this Act.

• (2) There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

• (a) in the acquisition of land under Part VI of this Act;

• (b) in the payment of compensation under section 108(4), 226(2) or 266 of this Act;

• (c) under section 118(2)(b) of this Act; or

• (d) under section 241 of this Act.

Payments under s. 56 of Act of 1947 and Parts I and V of Act of 1954

248

General provision as to receipts of Secretary of State

249

. . .Subject to the provisions of section 157 of this Act, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Expenses of local authorities

Expenses of, and borrowing by, local authorities

250

• (1) Any expenses incurred by a local roads authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall be defrayed in like manner as expenses incurred by the authority on roads.

• (2) Any expenses incurred by a local authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act in pursuance of a purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority, shall be defrayed in like manner as other expenses incurred by that authority for the purposes of that function.

• (3) A local authority may borrow for the purposes of this Act in accordance with the provisions of Part VII of the Local Government (Scotland) Act 1973

• (4) Nothing in this section shall authorise the exercise of the power of borrowing money thereby conferred otherwise than in compliance with the provisions of the Local Authorities Loans Act 1945 and of any orders for the time being in force made by the Treasury under section 1 of the Borrowing (Control and Guarantees) Act 1946.

Part XIV — Application of Act to Special Cases

Minerals

Power to modify Act in relation to minerals

251

• (1) In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

• (1A) In this Act—

• . . .

• “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.

• (2) Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

• (3) Any regulations made by virtue of subsection (1) of this section shall not apply—

• (a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) to the winning and working of peat by any person for the domestic requirements of that person;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

Modification of Mines (Working Facilities and Support) Act 1966

252

Crown land

Exercise of powers in relation to Crown land

253

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

• (a) a plan approved, adopted or made under Part II of this Act may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

• (b) any restrictions or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 214 to 217 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

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

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

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

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

• (3) No enforcement notice shall be served under section 84 of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

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

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

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

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

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

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

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Agreements relating to Crown land

254

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

• (a) for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto; and

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

either permanently or during such period as may be prescribed by the agreement.and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.

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

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

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

• (3) In considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

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

Supplementary provisions as to Crown interest

255

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

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

Local planning authorities

Application to local planning authorities of provisions as to planning control and enforcement

256

• (1) In relation to land of. . . planning authorities, and to the development by local authorities of land in respect of which they are the. . . planning authorities, the provisions of this Act specified in Part III of Schedule 19 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

• (2) Subject to the provisions of section 37 of this Act, any such regulations may in particular provide for securing—

• (a) that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the. . . planning authority;

• (b) that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the. . . planning authority.

• (3) Sections 23, 24 and 26(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the. . . planning authority.

Application to local planning authorities of provisions as to listed buildings

257

The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.

Special provisions as to statutory undertakers who are local planning authorities

258

In relation to statutory undertakers who are. . . planning authorities, section 230 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Special case

National Coal Board

259

Part XV — Miscellaneous and Supplementary Provisions

Default powers of Secretary of State

260

• (1) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that any order to which this subsection applies should be made, he. . . may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the. . . planning authority and confirmed by the Secretary of State under Part III or IV of this Act or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority.

• (2) Subsection (1) of this section applies to the following orders, that is to say—

• (a) orders under section 42 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

• (b) orders under section 49 of this Act;

• (ba) orders under section 49A of this Act;

• (bb) orders under section 49B of this Act;

• (c) tree preservation orders and orders amending or revoking them.

• (3) The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the. . . planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

• (4) Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the. . . planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

• (5) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that—

• (a) a completion notice under section 41 of this Act; or

• (b) . . .

• (c) an enforcement notice under section 84 of this Act,. . . ; or

• (d) a stop notice under section 87 of this Act; or

• (e) a listed building enforcement notice,

should be served in respect of any land, he. . . may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . planning authority:

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to transfer planning functions of town councils of small burghs to county councils

261

Designation of conservation areas

262

• (1) Every planning authority shall from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

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

• (4) The Secretary of State may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

• (5) Before making a determination under this section, a planning authority shall consult the planning authority of each district of which any part is included in the area to which the proposed determination relates.

• (6) A planning authority shall give notice to the Secretary of State of the designation of any part of their district as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a planning authority of the designation of any part of their district as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

• (7) Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority, by that authority or, as the case may be, the Secretary of State.

• (8) Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the Historic Buildings and Ancient Monuments Act 1953 or the Local Authorities (Historic Buildings) Act 1962.

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

Assumptions as to planning permission in determining value of interests in land

263

Recovery, on subsequent development, of payments in respect of war-damaged land

264

Rights of entry

265

• (1) Any person duly authorised in writing by the Secretary of State or by a. . . planning authority may at any reasonable time enter upon any land for the purpose of surveying it in connection with—

• (a) the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

• (b) any application under Part III or section . . .61 of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or section 61 of this Act or under any such order or regulations;

• (c) any proposal by the. . . planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section 41), Part IV other than sections 58 to 60 or sections 92 to 97BC and 101 of this Act, or under any order or regulations made thereunder or any notice under section 105 of this Act.

• (1A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

• (a) any application for hazardous substances consent;

• (b) any proposal to issue a hazardous substances contravention notice.

• (2) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building on that or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 52 of this Act.

• (2A) Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

• (a) . . .

• (b) of ascertaining whether a stop notice or an enforcement notice is being complied with.

• (3) Any person duly authorised in writing by the Secretary of State or a. . . planning authority may at any reasonable time enter upon any land for the purpose of ascertaining whether, with respect to any building on that or any other land, an offence has been, or is being, committed under section 53 or 94 of, or Schedule 10 to, this Act, or whether the building is being maintained in a proper state of repair.

• (4) Any person duly authorised in writing by the Secretary of State, a. . . planning authority or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether—

• (a) an offence appears to have been committed under section 55 of this Act; or

• (b) any of the functions conferred by section 97 . . . of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

• (4A) Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.

• (5) Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under . . . this Act in respect of that land or any other land.

• (6) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section 163 or 226(2) or 227(1)(c)).

• (7) Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

• (7A) Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.

• (8) Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to rights of entry

266

• (1) A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

• (2) Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the land, be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

• (4) Where any damage is caused to land or moveable property in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation may be recovered by any person suffering the damage from the Secretary of State or authority on whose behalf the entry was effected.

• (5) The provisions of section 168 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

• (6) Where under section 265 of this Act a person proposes to carry out any works authorised by virtue of subsection (8) of that section—

• (a) he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section; and

• (b) if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Local inquiries

267

• (1) Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

• (2) The Minister shall appoint a person to hold the inquiry and to report thereon to him.

• (3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has lodged and has not withdrawn objections in relation to any matter in question at the inquiry, and shall be published in such newspaper or newspapers as the Minister may direct.

• (4) The person appointed to hold the inquiry may, on the motion of any party thereto or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry:

• (i) no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

• (ii) nothing in this subsection shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

• (5) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

• (6) Any person who refuses or wilfully neglects to attend in obedience to a notice under subsection (4) of this section or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which he may be required to produce by any such notice shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale or to imprisonment for a period not exceeding three months.

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

• (a) by the Minister in relation to—

• (i) the inquiry;

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

• (b) by the parties to the inquiry,

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

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

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

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

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

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

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

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

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

• (8) Any order of the Minister under subsection (7) of this section requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for the execution issued by the sheriff court of any sheriffdom in Scotland.

• (9) In this section , except where the context otherwise requires, the expression “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.

Inquiries under Private Legislation Procedure (Scotland) Act 1936

268

• (1) Where the Ministers concerned so direct—

• (a) any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

• (b) any hearing in connection with—

• (i) an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land, or

• (ii) such an application made by statutory undertakers and referred to the Secretary of State, or

• (iii) the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936.

• (2) Any such direction shall be deemed to have been given under section 2, as read with section 10, of the Statutory Orders (Special Procedure) Act 1945.

• (3) Subsections (5) and (6) of section 225 of this Act shall not apply to an order such as is mentioned in subsection (1)(a) above.

• (4) Nothing in subsections (2) to (9) of section 267 of this Act shall apply to any inquiry to which subsection (1)(a) above applies.

• (5) The provisions of the said Act of 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.

Service of notices

269

• (1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

• (a) by delivering it to the person on whom it is to be served or to whom it is to be given; or

• (b) by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

• (c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

• (d) in the case of a person on whom the notice is required to be served as being a person appearing from the valuation roll to have an interest in land, by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his address as entered in the valuation roll; or

• (e) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

• (2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

• (a) being addressed to him either by name or by the description of “the owner”, “the lessee” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) of this section; or

• (b) being so addressed, and marked in such manner as may be prescribed by regulations under this Act for securing that it shall be plainly identifiable as a communication of importance, it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

• (3) Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied, the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any lessees and occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

Power to require information as to interests in land

270

• (1) For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

• (a) the nature of his interest in the land;

• (b) the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise;

• (c) details of the purposes for which the land is currently being used.

• (d) the time when that use began;,

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

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

• (2) Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not execeeding two years or to a fine, or both.

• (4) It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.

Offences by corporations

271

• (1) Where an offence under this Act (other than section 55) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

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

Combined applications

272

• (1) Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

• (a) an application for planning permission in respect of any development; and

• (b) an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

• (2) Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

• (3) Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

• (4) An application required to be made to a local authority under an enactment specified in any such regulations shall, if made in accordance with the provisions of the regulations, be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

• (5) Subsection (4) of this section shall have effect without prejudice to—

• (a) the validity of any application made in accordance with the enactment in question; or

• (b) any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

• (6) In this section “application” includes a submission.

• (7) The provisions of subsection (1) of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.

Regulations and orders

273

• (1) The Secretary of State may make regulations under this Act—

• (a) for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

• (b) for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister; and

• (c) for any of the purposes mentioned in section 28 (power to prescribe matters relevant to Part IV) of the Land Compensation (Scotland) Act 1963;

• (2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

• (4) The power to make orders under sections 1(3), 18, 19(2)(f), 21, 21E, 53(3) 56AA,. . . , 181(4)(a), 261 and 279 of this Act shall be exercisable by statutory instrument.

• (5) Any statutory instrument which contains a development order or an order under section 1(3), 21E, 56AA. . . or 181(4)(a) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 20 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

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

• (9) Any order under section 67, 71(6), 72(4) or 73(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.]

• (10) Any power (exercisable in accordance with section 280(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

Act not excluded by special enactments

274

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the Act of 1947, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Interpretation

275

• (1) In this Act, except in so far as the context otherwise requires and subject to the transitional provisions herein after contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

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

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

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

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

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

• “advertisement” means any word, letter, model, sign, placard, board, notice awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used or designed, or adapted for use and anything else used, or designed or adapted principally for use,, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• “aftercare condition” has the meaning assigned to it by section 27A(2) of this Act;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• “the appointed day” means 1st July 1948;

• “the appropriate Minister” has the meaning assigned to it by section 213 of this Act;

• “area of extensive war damage” and “area of bad lay-out or obsolete development” mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development or consisting of Such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;

• “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:

• . . .

• “authority to whom Part II of the Act of 1959 applies” means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;

• “breach of condition notice” has the meaning given in section 87AA of this Act;

• “breach of planning control” has the meaning given in section 83A of this Act;

• “bridleway” has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;

• “building”. . . includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• “building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings and filling in of trenches;

• “building operations” has the meaning given by section 19 of this Act;

• “caravan site” has the meaning assigned to it by section 1(4) of the Caravan Sites and Control of Development Act 1960;

• “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;

• “common” includes any town or village green;

• “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

• “conservation area” means an area designated under section 262 of this Act;

• “depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

• “contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act;

• “development” has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;

• . . .

• “development order” has the meaning assigned to it by section 21 of this Act;

• “development plan” (subject to section 18 of, and paragraph 7 of Schedule 4 to, this Act) shall be construed in accordance with section 17 of this Act;

• “disposal”, except in section 113(7) of this Act, means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;

• . . .

• “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;

• “enforcement notice” means a notice under section 84 of this Act;

• “engineering operations” includes the formation or laying out of means of access to roads;

• “enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;

• “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

• . . .

• “feu charter” includes a feu contract and any other instrument by which land is feued;

• “footpath” has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;

• “functions” includes powers and duties;

• “government department” includes any Minister of the Crown;

• “hazardous substances consent” means consent required by section 56C of this Act;

• “hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act;

• “heritable security” means—a heritable security within the meaning of the Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition; oran assignation in security of a lease recorded under the Registration of Leases (Scotland) Act 1857;and the expression “heritable creditor” shall be construed accordingly;

• “improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . .

• “land” includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;

• “Lands Tribunal” means Lands Tribunal for Scotland;

• . . .

• “lease” includes a sub-lease, but does not include an option to take a lease;

• “listed building” has the meaning assigned to it by section 52(7) of this Act;

• “listed building consent” has the meaning assigned to it by section 53(2) of this Act;

• “listed building enforcement notice” has the meaning assigned to it by section 92 of this Act;

• “listed building purchase notice” has the meaning assigned to it by section 179 of this Act;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “local roads authority” has the same meaning as in Roads (Scotland) Act 1984;

• “. . . planning authority” has the meaning assigned to it by section 172 of the Local Government (Scotland) Act 1973;

• “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road;

• . . .

• “mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act;

• “minerals” includes all substancesof a kind ordinarily worked for removal by underground or surface working;

• “Minister” means any Minister of the Crown or other government department;

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

. . .

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “operational land” has the meaning assigned to it by section 211 of this Act;

• “owner”, in relation to any land, includes (except in sections 24 and 26 of this Act) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds three years;

• “planning contravention notice” has the meaning given in section 83C of this Act;

• “planning decision” means a decision made on an application under Part III of this Act;

• “planning permission” means permission under Part III of this Act, . . .;

• “planning permission granted for a limited period” has the meaning assigned to it by section 27(2) of this Act;

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

. . .

• “purchase notice” has the meaning assigned to it by section 169 of this Act;

• . . .

• “relocation of population or industry”, in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;

• “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

• “restoration condition” has the meaning assigned to it by section 27A(2) of this Act;

• . . .

• “road” has the same meaning as in the Roads (Scotland) Act 1984;

• “simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act;

• . . .

• “the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975;

• . . .

• “statutory undertakers” means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of. . . ,. . . , hydraulic power or water, and “statutory undertaking” shall be construed accordingly;

• “steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act

• “stop notice” has the meaning assigned to it by section 87 of this Act;

• “suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act;

• “tree preservation order” has the meaning assigned to it by section 58 of this Act;

• “urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act 1980;

• “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department;

• “war damage” has the same meaning as in the War Damage Act 1943.

• “the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

• (2) If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

• (3) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

• (4) With respect to references in this Act to planning decisions—

• (a) in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

• (b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the. . . planning authority and not to the decision of the Secretary of State on the appeal;

• (c) in relation to a decision given on an appeal in the circumstances mentioned in section 34 of this Act, such references shall be construed as references to the decision so given;

• (d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the. . . planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 34 of this Act, the time when in accordance with that section notification of a decision of the. . . planning authority is deemed to have been received.

• (5) Subject to section 40(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

• (a) if the development consists of the carrying out of operations, at the time when those operations are begun;

• (b) if the development consists of a change in use, at the time when the new use is instituted;

• (c) if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

• (6) Any reference in this Act to an assignation in security shall be construed as including a reference to anex facie absolute assignation qualified as a security by a collateral agreement.

• (7) In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feu-duty and ground annual.

• (8) Any reference in this Act to thedominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

• (9) References in this Act to any of the provisions in Part III or IV of Schedule 19 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 256 or , 257 or 258 of this Act.

• (10) References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

Consequential amendments

276

• (1) Subject to section 18 of this Act, the enactments specified in Schedule 21 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

• (2) References in any Act to the acquisition of land under Part III of the Act of 1947 or to land acquired thereunder (including references which, by Schedule 12 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under Part VI of this Act and to land acquired thereunder.

Transitional provisions, savings and repeals

277

• (1) The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

• (2) Subject to the provisions of that Schedule, the enactments specified in Schedule 23 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (3) The inclusion in this Act of any express savings, transitional provision or amendment shall not be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relate to the effect of repeals).

General vesting declarations

278

• (1) Schedule 24 to this Act shall have effect for the purpose of enabling any authority to whom this section applies to vest in themselves by a declaration land which they are authorised by a compulsory purchase order to acquire and, with respect to the effect of such a declaration, the payment and recovery of sums in respect of compensation for the acquisition of land so vested and other matters connected therewith.

• (2) This section applies to any Minister or local or other public authority authorised to acquire land by means of a compulsory purchase order, and any such authority is in the said Schedule 24 referred to as an acquiring authority.

• (3) This section shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before 8th December 1969.

Commencement of certain provisions

279

• (1) The provisions of this Act referred to in subsection (2) of this section shall come into operation on a day appointed by an order made by the Secretary of State.

• (2) The provisions of this Act referred to in this subsection are sections 58(5) and 59(1) to (3) of this Act and Schedule 7 to this Act.

• (3) Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

• (4) No order under this section relating to Schedule 7 to this Act shall be made unless a draft of the order has been approved by both Houses of Parliament.

• (5) Any reference in this Act to the commencement of any provision referred to in subsection (2) of this section shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area be construed as a reference to the day appointed for the coming into operation of that provision in that area.

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

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

• (a) as to the provisions which have come, or are to be brought into operation or have been, or are to be, repealed, and on which date and in relation to which areas; and

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

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

Commencement

280

• (1) Except as provided in sections 18 and 279 of this Act and subject to the following provisions of this section, this Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed; and the date of coming into operation of this Act as aforesaid is in this section referred to as “the commencement date”.

• (2) The following provisions of this Act, that is to say—

• (a) sections 71 to 83 and 174, this section and paragraphs 24 and 25 of Schedule 22,

• (b) sections 253(1)(b), 269, 271, 273 and 275 so far as they relate to any of the provisions of sections 71 to 83 and 174 or anything done or to be done under any such provision,

• (c) Schedule 23 so far as it relates to the repeal of Part I of the Control of Office and Industrial Development Act 1965,

• (d) any provisions which confer any power to make regulations or orders, or which (whether expressly or as construed in accordance with section 14 of the Interpretation Act 1978 confer any power to revoke or vary any regulations or orders, and

• (e) any provisions relating to the exercise of any such power,

shall come into operation on the passing of this Act; but no regulations or order shall be made under this Act so as to come into operation before the commencement date other than any regulations or order made under any of the provisions of sections 71 to 83 of this Act.

• (3) In subsection (2) of this section the reference to provisions of this Act relating to the exercise of any such power as is therein mentioned includes a reference to any provisions of this Act whereby statutory instruments containing regulations or an order are subject to annulment in pursuance of a resolution of either House of Parliament, or whereby any regulations or order or any provisions thereof require the approval of each of those Houses.

• (4) Any reference in this Act to the commencement of this Act is a reference to the coming into operation of so much of this Act as comes into operation on the commencement date, and any reference to the date of the commencement of this Act is a reference to that date; and if any Act passed after the passing of this Act refers to the commencement of this Act, subsections (2) and (3) of this section and section 18 of this Act shall be disregarded for the purpose of construing that reference in accordance with section 36 of the Interpretation Act 1889 (which relates to the meaning of “commencement” with reference to an Act).

• (5) The preceding provisions of this section shall have effect without prejudice to the generality of section 13 of the Interpretation Act 1978 (which relates to the exercise of statutory powers between the passing and the commencement of an Act).

Citations and extent

281

• (1) This Act may be cited as the Town and Country Planning (Scotland) Act 1972.

• (2) The Town and Country Planning (Amendment) Act 1972 and this Act may be cited together as the Town and Country Planning (Scotland) Acts 1972.

• (3) This Act, except so far as it provides for Joint Planning Inquiry Commissions. . . , extends to Scotland only.

[SCHEDULE 12

PART I

Voluntary Combination

1