Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

An agreement entered into under section 1(2) of this Act shall provide for the appointment of a joint planning committee, which shall consist of representatives of the local planning authorities concerned, and for the delegation to the joint planning committee of all or some of the functions (other than the power to borrow money or to levy a rate) relating to the purposes for which the combination has effect, and the agreement may make provision for the transfer of property and liabilities, the adjustment of liabilities between the authorities, the transfer and compensation of officers, the settlement of differences and for such other matters as appear to be necessary or expedient for the purpose of carrying the combination into effect.

2

The expenses of the joint planning committee shall be defrayed by the constituent authorities in the proportions specified or provided for in the agreement, and the proportion of expenses falling to be defrayed by a local planning authority shall be defrayed by (hat authority in like manner as if the expenses had been incurred by that authority for the purposes for which the combination has effect.

3

The Secretary of State may, on the application of the local planning authorities concerned, make an order for the purpose of giving effect to any of the foregoing provisions of this Part of this Schedule.

4

The Secretary of State may by order constitute the joint planning committee a body corporate.

5

The Secretary of State may, if it appears to him expedient so to do, make an order withdrawing the consent given by him to the combination under section 1(2) of this Act of any two or more local planning authorities and dissolving the combination; and any such order may contain provisions regulating the rights and liabilities of the authorities concerned and such other provisions (including provision for the transfer and compensation of officers), as appear to the Secretary of State to be necessary or proper in the circumstances:

PART II

Combination by Order

1

An order made under section 1(3) of this Act shall provide for the constitution of a joint planning committee consisting of such number of members as may be determined by the order to be appointed by me constituent authorities and for the delegation to the committee of such of the functions (other than the power to borrow money or to levy a rate) of the constituent authorities as may be specified in the order.

2

An order made under the said section 1(3)—

• (a) may provide for regulating the appointment, tenure of office and vacation of office, of members of the committee, for regulating the meetings and proceedings of the committee and for the payment of the expenses of the committee by the constituent authorities ;

• (b) may provide that a committee constituted thereby shall be a body corporate;

• (c) may provide for the transfer and compensation of officers, the transfer of property and liabilities and the adjustment of accounts and apportionment of liabilities ; and

• (d) may contain such other provisions as appear to the Secretary of State to be necessary or expedient for enabling the committee to exercise their functions.

3

The Secretary of State may, if it appears to him expedient so to do, make an order dissolving, or altering the constitution of, such a joint planning committee or varying the delegation to the committee ; and any such order may contain provisions regulating the rights and liabilities of the authorities concerned and such other provisions (including provisions for the transfer and compensation of officers) as appear to the Secretary of State to be necessary or proper in the circumstances.

SCHEDULE 2

PART I

Joint Advisory Committees

1

Any two or more local planning authorities may, with the approval of the Secretary of State, concur in establishing a joint advisory committee for the purpose of advising those authorities as to the preparation of structure plans and local plans and generally as to the planning of development in their districts; and any such committee shall be constituted in such manner as may be determined by the authorities by whom it is established:

2

If it appears to the Secretary of State to be expedient that a joint advisory committee or any two or more local planning authorities should be established in accordance with the last foregoing paragraph, he may, after consultation with those authorities, by order establish such a committee, and any such order may—

• (a) provide for the reference to the committee of such matters as may be specified in the order;

• (b) make such incidental and consequential provisions (including provision for the payment of expenses of the committee and the transfer and compensation of officers), as appear to the Secretary of State to be expedient

3

Any power conferred by this Part of this Schedule to establish and constitute a joint advisory committee shall include power to dissolve or alter the constitution of such committee and to vary the reference to the committee.

PART II

Sub-Committees

1

Any committee established by a local planning authority for the discharge of their functions under this Act may, subject to any restrictions imposed by that authority, and shall if so required by that authority—

• (a) establish such sub-committees as the committee (hereinafter referred to as "the planning committee") or the local planning authority may determine; and

• (b) authorise any such sub-committee to exercise on their behalf any functions of the planning committee,

and any such sub-committee shall be constituted in such manner as may be determined (subject to any such restrictions as aforesaid) by the planning committee or by the local planning authority, but not less than two-thirds of the members of any such committee shall' be members of the local planning authority or of a local authority for any area forming part of the district of the local planning authority.

2

The power conferred by the last foregoing paragraph to establish and constitute sub-committees or to authorise such sub-committees to exercise any functions shall include power to dissolve or alter the constitution of such sub-committees and to vary any such authorisation.

3

The provisions of this Part of this Schedule shall, with any necessary modifications, apply in relation to a joint planning committee appointed in pursuance of a combination of local planning authorities under section 1 of this Act or a joint advisory committee as they apply in relation to a committee to which paragraph 1 of this Part of this Schedule relates.

SCHEDULE 3

Surveys of planning districts and preparation of development plans

1

• (1) Any local planning authority who have not submitted to the Secretary of State a development plan for their district shall carry out a survey of their district and shall, within such period as the Secretary of State may in any particular case allow, submit to the the Secretary of State a report of the survey together with a development plan for their district.

• (2) Subject to the following provisions of this Part of this Schedule in this Act " development plan " means a plan indicating the manner in which a local planning authority propose that land in their district should be used, whether by the carrying out thereon of development or otherwise, and the stages by which any such development should be carried out.

• (3) Subject to the provisions of any regulations made under this Act for regulating the form and content of development plans, any such plan shall include such maps and such descriptive matter as may be necessary to illustrate the proposals in question with such degree of particularity as may be appropriate to different parts of the district; and any such plan may in particular define the sites of proposed roads, public and other buildings and works, airfields, parks, pleasure grounds, nature reserves and other open spaces, or allocate areas of land for use for agricultural, residential, industrial or other purposes of any class specified in the plan.

• (4) For the purposes of this paragraph, a development plan may define as an area of comprehensive development any area which, in the opinion of the local planning authority, should be developed or redeveloped as a whole for any one or more of the following purposes, that is to say—

• (a) for the purpose of dealing satisfactorily with extensive war damage or conditions of bad lay-out or obsolete development ; or

• (b) for the purpose of providing for the relocation of population or industry or the replacement of open space in the course of the development or redevelopment of any other area ; or

• (c) for any other purpose specified in the plan ;

and land may be included in any area so defined whether or not provision is made by the plan for the development or redevelopment of that particular land.

• (5) At any time before a development plan with respect to the whole of the district of a local planning authority has been approved by the Secretary of State, that authority may. with the consent of the Secretary of State, and shall, if so required by directions of the Secretary of State, prepare and submit to him a development plan relating to part of that district; and the foregoing provisions of this paragraph shall apply in relation to any such plan as they apply in relation to a plan relating to the whole of the district of a local planning authority.

Approval of development plans

2

The Secretary of State may approve any development plan submitted to him under paragraph 1 of this Schedule, either without modification or subject to such modifications as he considers expedient

Amendment of development plans

3

• (1) At least once in every five years after the date on which a development plan for any district was approved by the Secretary of State, the local plaiming authority shall carry out a fresh survey of that district and (subject to paragraph 1 of Schedule 5 to this Act) submit to the Secretary of State a report of the survey, together with proposals for any alterations or additions to the plan which appear to them to be required having regard thereto.

• (2) Without prejudice to the provisions of sub-paragraph (1) of this paragraph, any local planning authority may (subject to paragraph 1 of Schedule 5 to this Act) at any time, and shall if so required by directions of the Secretary of State, submit to the Secretary of State proposals for such alterations or additions to the development plan for their district or any part thereof as appear to them to be expedient, or as may be required by those directions, as the case may be.

• (3) Where proposals for alterations or additions to a development plan are submitted to the Secretary of State under this paragraph, the Secretary of State may amend that plan to such extent as he considers expedient having regard to those proposals and to any other material considerations.

• (4) Where in accordance with the provisions of paragraph 1(5) of this Schedule a development plan has been prepared for part of the district of a local planning authority, and has been approved by the Secretary of State, then (without prejudice to the provisions of sub-paragraph (2) of this paragraph) the periods of five years mentioned in sub-paragraph (1) of this paragraph shall run from the date on which development plans in respect of the whole of the district have been approved by the Secretary of State.

Additional powers of Secretary of State with respect to development plans

4

• (1) Where, by virtue of any of the foregoing provisions of this Schedule or of any directions of the Secretary of State thereunder, any development plan, report or proposals for alterations or additions to a development plan are required to be submitted to the Secretary of State, then—

• (a) if within the period allowed in that behalf under those provisions or directions no such plan, report or proposals, or no such plan or proposals satisfactory to the Secretary of State, have been so submitted ; or

• (b) if at any time it appears to the Secretary of State that the local planning authority are not taking the steps necessary to enable them to submit such a plan, report or proposals within that period,

the Secretary of State may, after carrying out any survey which appears to him to be expedient for the purpose, make such development plan, or, as the case may be, amend the development plan to such extent, as he considers expedient.

• (2) Where, under sub-paragraph (1) of this paragraph, the Secretary of State has power to make or amend a development plan, he may if he thinks fit, authorise the local planning authority for any neighbouring district, or any other local planning authority which appears to the Secretary of State to have an interest in the proper planning of the district concerned, to submit such a plan to him for his approval, or. as the case may be, to submit to him proposals for the amendment of the plan, and to carry out any survey of the land which appears to him to be expedient for the purpose.

• (3) The Secretary of State may approve any plan submitted to him under sub-paragraph (2) of this paragraph, either without modification or subject to such modifications as he considers expedient, or, as the case may be, may amend any development plan, with respect to which proposals for amendment have been submitted to him under that sub-paragraph to such extent as he considers expedient having regard to those proposals and to any other material considerations.

• (4) The foregoing provisions of this Schedule shall, so far as applicable, apply to the making, approval or amendment of development plans under this paragraph, and to plans so made, approved or amended, as they apply to the approval or amendment of development plans under those provisions, and to plans approved or amended thereunder.

• (5) Where the Secretary of State incurs expenses under this paragraph in connection with the making or amendment of a plan with respect to the district, or any part of the district, of a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

• (6) Where, under this paragraph, a plan, or proposals for the amendment of a plan, are authorised to be submitted to the Secretary of State by the local planning authority for any district other than the district in which the land is situated, any expenses reasonably incurred in that behalf by that authority, as certified by the Secretary of State, shall be repaid to that authority by the local planning authority for the district in which the land is situated.

Incorporation in development plans of orders and schemes relating to roads and new towns

5

• (1) Where the Secretary of State—

• (a) makes an order under Schedule 2 to the Trunk Roads Act 1946 directing that a road proposed to be constructed by him shall become a trunk road; or

• (b) makes or confirms an order or scheme under the Special Roads Act 1949,

any development plan approved or made under this Schedule which relates to land on which a road is to be constructed or altered in accordance with that order or scheme shall have effect as if the provisions of that order or scheme were included in the plan.

• (2) Where an order is made by the Secretary of State under section 1 of the New Towns (Scotland) Act 1968 designating an area as the site of a new town under that Act, any development plan approved or made under this Schedule which relates to land in that area shall have effect as if the provisions of that order were included in the plan.

• (3) Nothing in this paragraph shall be construed as prohibiting the inclusion in a development plan, as approved or made by the Secretary of State or as for the time being amended, of provisions—

• (a) defining the line of a road proposed to be constructed or altered in accordance with any such order or scheme as is mentioned in sub-paragraph (1) of this paragraph ; or

• (b) defining an area designated as the site of a new town by any such order as is mentioned in sub-paragraph (2) of this paragraph ; or

• (c) defining land as likely to be made the subject of any such order or scheme as is mentioned in either of those sub-paragraphs.

• (4) Provision may be made by regulations under this Act for enabling any proceedings preliminary to the making of any such order as is mentioned in sub-paragraph (1)(a) or (2) of this paragraph, to be taken concurrently with proceedings required under this Schedule to be taken in connection with the approval or making of a development plan relating to land to which any such order applies, or in connection with any amendment of a development plan rendered necessary or desirable in consequence of any such order.

Supplementary provisions as to development plans

6

• (1) A local planning authority, before preparing a development plan relating to any land comprised in a small burgh in their district, or proposals for alterations or additions to any such plan, shall consult with the town council of that burgh, and shall, before submitting any such plan or proposals to the Secretary of State, give to that council an opportunity to make representations with respect thereto and shall consider any representations so made.

• (2) Provision may be made by regulations under this Act with respect to the form and content of development plans, and with respect to the procedure to be followed in connection with the preparation, submission, approval, making and amendment of such plans; and such regulations shall in particular make provision for securing—

• (a) that before preparing a development plan or proposals for alterations or additions to any such plan the local planning authority shall consult with such bodies or persons as may be prescribed by the regulations ;

• (b) that notice shall be given by advertisement in at least one newspaper circulating in the area concerned, of the submission to the Secretary of State of any such plan, or of proposals for the amendment of any such plan, and of any proposal by the Secretary of State to make or amend such a plan, and of the place or places where copies of the plan or proposals as so submitted, or of any such proposal of the Secretary of State, may be inspected ;

• (c) that objections and representations duly made in accordance with the regulations shall be considered, and that such local inquiries or other hearings as may be prescribed shall be held, before such a plan is approved, made or amended by the Secretary of State ; and

• (d) that copies of any such plan as approved or made by the Secretary of State, including any amendments thereof, shall be available for inspection by the public, and that copies therefor (including reproductions, on such scale as may be appropriate, of any relevant maps) shall be available for sale to the public at a reasonable cost.

• (3) If, as the result of any objections or representations considered, or local inquiry or other hearing held, in connection with a development plan or proposals for amendment of such a plan submitted to or prepared by the Secretary of State under this Schedule, the Secretary of State is of opinion that the local planning authority, or any other authority or person, ought to be consulted before he decides whether to approve or make the plan, either with or without modifications, or to amend the plan, as the case may be, he shall consult that authority or person but shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

• (4) Subject to the foregoing provisions of this paragraph, the Secretary of State may give directions to any local planning authority, or to local planning authorities generally—

• (a) for formulating the procedure for the carrying out of their functions under the foregoing provisions of this Schedule;

• (b) for requiring them to give him such information as he may require for the purpose of the exercise of any of his functions under those provisions.

Publication and date of operation of development plans

7

• (1) Immediately after a development plan has been approved or made or amended by the Secretary of State under this Schedule, the local planning authority shall publish, in such manner as may be prescribed, a notice stating that the plan has been approved, made or amended, as the case may be, and naming a place where a copy of the plan or of the plan as amended, may be seen at all reasonable hours, and shall serve a like notice—

• (a) on any person who duly made an objection to, or representation with respect to, the proposed plan or amendment, and has sent to the local planning authority a request in writing to serve him with the notice required by this sub-paragraph, specifying an address for service; and

• (b) on such other persons (if any) as may be required by general or special directions given by the Secretary of State.

• (2) Subject to the provisions of Part XII of this Act as to the validity of development plans and of amendments of such plans, a development plan, or an amendment of a development plan, shall become operative on the date on which the notice required by sub-paragraph (1) of this paragraph is first published.

SCHEDULE 4

1

In section 136(4) for the words "structure plan or local plan" (wherever those words occur) there shall be substituted the words " development plan ".

2

For section 231(1)(a) there shall be substituted:—

(a) a development plan or an amendment of a development plan, whether before or after it has been approved or made ; or

.

3

For subsections (1) and (2) of section 232 there shall be substituted:—

(1) If any person aggrieved by a development plan, or by an amendment of a development plan, desires to question the validity thereof or of any provision contained therein on the grounds that it is not within the powers of this Act, or that any requirement of this Act or of any regulation made thereunder has not been complied with in relation to the approval or making of the plan, or, as the case may be, in relation to the making of the amendment, he may, within six weeks from the date on which the notice required by paragraph 7(1) of Schedule 3 to this Act is first published, 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 suspend the operation of the plan or amendment, as the case may be, or of any provision contained therein, 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 or amendment, or any provision contained therein, 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 requirement of this Act or of any regulation made thereunder, may quash the plan or amendment or any provision contained therein, either generally or in so far as it affects any property of the applicant.

and in subsections (3), (4) and (5) of the said section 232 for the words " structure plan" there shall be substituted the words " development plan ".

4

In section 242(2)(a) for the words "a structure plan or local plan under Part II of this Act" there shall be substituted the words " a development plan under Schedule 3 to this Act ".

5

For section 253(1)(a) there shall be substituted:—

(a) a development plan approved or made under Schedule 3 to 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;

6

After section 264 there shall be inserted the following setion :—

(264A) Where, in accordance with the provisions of Part III, Part IV or Part V of this Act. a local planning authority are required to have regard to the provisions of the development plan in relation to the exercise of any of their functions, then, in relation to the exercise of those functions during any period before such a plan has become operative with respect to the district of that authority, the authority— (a) shall have regard to any directions which may be or have been given to them by the Secretary of State as to the provisions to be included in such a plan; and (b) subject to any such directions, shall have regard to the provisions which in their opinion will be required to be so included for securing the proper planning of their district.

7

For section 265(1)(a) there shall be substituted:—

(a) the preparation, approval, making or amendment of a development plan relating to the land under Schedule 3 to this Act, including the carrying out of any survey under that Schedule ;

8

In section 275(1), for the definition of "development plan" there shall be substituted:—

• ' development plan ' has the meaning assigned to it by paragraph 1 of Schedule 3 to this Act, and includes a plan made in accordance with sub-paragraph (5) of the said paragraph 1;

9

In Schedule 2, in paragraph 1 of Part I, for the words " structure plans and local plans " there shall be substituted the words " development plans ".

10

In Part I of Schedule 19 after the words "Schedules 1 and 2 " there shall be inserted the words " Schedule 3

SCHEDULE 5

1

Until the repeal of Schedule 3 to this Act as respects any area (whether the whole or part of the district of a. . . planning authority), proposals for any alterations or additions to a development plan in force in the area shall not without the approval of the Secretary of State be submitted to him under paragraph 3 of that Schedule.

2

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

3

Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any area is treated as being comprised in a development plan for that area and there is a conflict between any of its provisions and those of the structure plan for that area, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 10 to this Act.

4

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

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

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

5

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

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

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

6

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

7

Before making an order with respect to a development plan under paragraph 5A or paragraph 6 of this Schedule, the Secretary of State shall consult with the. . . planning authority for the district to which the plan relates.

8

Any reference in paragraphs 1 and 2 of this Schedule to the repeal of Schedule 3 to this Act shall, in a case where that repeal is brought into force by an order under section 18 of this Act on different days, be construed as a reference to a repeal of such of the provisions of the said Schedule as may be specified in the order.

9

In relation to any development plan continued in force by virtue of this Schedule, sections 231 and 232 of this Act shall have effect with the same substitutions as are specified in paragraphs 1 to 3 of Schedule 4 to this Act.

SCHEDULE 6

Part I — Development not Ranking for Compensation under s. 158

1

The carrying out of any of the following works, that is to say—

• (a) the rebuilding, as often as the person having the right to rebuild may desire, of any building which was in existence on the appointed day, or of any building which was in existence before that day but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;

• (b) the rebuilding, as often as the person having the right to rebuild may desire, of any building erected after the appointed day which was in existence at a material date;

• (c) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building, or which do not materially affect the external appearance of the building and (in either case) are works for making good war damage,

so long as (in the case of works falling within any of the preceding sub-paragraphs) the cubic content of the original building is not exceeded—

• (i) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

• (ii) in any other case, by more than one-tenth.

2

The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

Part II — Development Ranking for Compensation under s. 158

3

4

5

6

7

8

9

Part III — Supplementary Provisions

10

Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

11

Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

12

13

In this Schedule “at a material date” means at either of the following dates, that is to say—

• (a) the appointed day; and

• (b) the date by reference to which this Schedule falls to be applied in the particular case in question;

14

• (1) In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of this Schedule, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

• (2) This paragraph does not apply for the purposes of sections 157 and 169 of this Act.

SCHEDULE 7

Determination of appeals by appointed person

1

• (1) An appeal to which this Schedule applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

• (2) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

• (3) This paragraph shall not affect any provision contained in this Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

Powers and duties of person determining appeal

2

• (1) A person appointed under this Schedule to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—

• (a) in relation to appeals under section 33, subsections (3), (5) and (7A) of that section;

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

• (b) in relation to appeals under section 85, subsections (4) to (6) of that section;

• (c) in relation to appeals under section 91, subsection (2)[and (3) ]of that section;

• (d) in relation to appeals under section 93, subsections (4) and (5) of that section;

• (e) in relation to appeals under section 99, section 85(4) and (5) of this Act;

• (f) in relation to appeals under paragraph 7 of Schedule 10 to this Act, sub-paragraph (3) of that paragraph.

• (2) The provisions of section 33(4), 85(2) to (2D), 91(4), 93(2) and (2A)and paragraph 7(4) of Schedule 10 to this Act relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this Schedule but before the determination of any such appeal the Secretary of State shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 45 of this Act, ask the applicant or appellant, as the case may require, and the. . . planning authority whether they wish to appear before and be heard by the person so appointed, and—

• (a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid; and

• (b) the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

• (3) Subject to sub-paragraph (4) of this paragraph, the decision of a person appointed under this Schedule on any appeal to which this Schedule applies shall be final.

Determination of appeals by Secretary of State

3

• (1) The Secretary of State may, if he thinks fit, direct that an appeal, which by virtue of paragraph 1 of this Schedule and apart from this sub-paragraph, falls to be determined by a person appointed by the Secretary of State shall instead be determined by the Secretary of State.

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

• (3) Where in consequence of a direction under this paragraph an appeal to which this Schedule applies falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

• (4) Where in consequence of a direction under this paragraph the Secretary of State determines an appeal himself, he shall, unless (in the case of an appeal under section 33) the appeal is referred to a Planning Inquiry Commission under section 45 of this Act, afford to the applicant or appellant, the. . . planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose either—

• (a) if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the. . . planning authority or any such person, have not made representations; or

• (b) if the applicant or appellant or the. . . planning authority had not been asked in pursuance of paragraph 2(2) of this Schedule whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.

• (5) Except as provided by sub-paragraph (4) of this paragraph, where the Secretary of State determines an appeal in consequence of a direction under this paragraph he shall not be obliged to afford any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made; and in determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

Appointment of another person to determine appeal

4

• (1) Where the Secretary of State has appointed a person to determine an appeal under this Schedule the Secretary of State may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.

• (2) Paragraph 2 of this Schedule shall, subject to sub-paragraph (3) of this paragraph, apply in relation to an appeal which falls to be determined by a person appointed under this paragraph as they apply in relation to an appeal which falls to be determined by a person appointed under that paragraph.

• (3) If before the appointment of a person under this paragraph to determine an appeal, the Secretary of State had with reference to the person previously appointed, asked the question referred to in paragraph 2(2) of this Schedule, the question need not be asked again with reference to the person appointed under this paragraph and any answers to the question shall be treated as given with reference to him, but—

• (a) the consideration of the appeal or any inquiry or other hearing in connection therewith, if already begun, shall be begun afresh; and

• (b) it shall not be necessary to afford any person an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

5

• (1) A person appointed under this Schedule to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Secretary of State directs him to do so.

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

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

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

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

• (2) Subject to sub-paragraph (3) of this paragraph, the expenses—

• (a) of any hearing held by virtue of paragraph 2(2)(b) of this Schedule; and

• (b) of any inquiry held by virtue of this paragraph,

shall be defrayed by the Secretary of State.

• (3) Subsections (4) to (9) of section 267 of this Act shall subject to sub-paragraph (4) below apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

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

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

Stopping of appeals

6

If before or during the determination of an appeal under section 33 of this Act which is to be or is being determined in accordance with paragraph 1 of this Schedule, the Secretary of State forms the opinion mentioned in subsection (7) of that section, he may direct that the determination shall not be begun or proceeded with.

Supplementary provisions

7

• (1) The Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a person appointed to determine the relevant appeal under this Schedule.

• (2) The functions of determining an appeal and doing anything in connection therewith conferred by this Schedule on a person appointed to determine an appeal thereunder who is an officer of the Scottish Office shall be treated for the purposes of the Parliamentary Commissioner Act 1967 as functions of that office.

• (3) In section 33(7) of this Act, for the words “and 65” there shall be substituted the words “65 and 72”; but the provisions of this sub-paragraph shall cease to have effect at the same time as the provisions referred to in section 83(1) of this Act whether or not the provisions of this sub-paragraph have by that time been brought into operation.

SCHEDULE 8

1

In relation to matters specified in the first column of the Table below (being matters mentioned in section 45(1) of this Act which may be referred to a Planning Inquiry Commission under that section) “the responsible Minister or Ministers” for the purposes of sections 45 and 46 of this Act are those specified opposite in the second column of the Table.

2

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

SCHEDULE 9

Interpretation

1

In relation to matters specified in the first column of the Table below (being matters which under section 47 of this Act may be referred to a Joint Planning Inquiry Commission), “the responsible Ministers” for the purposes of this Schedule are those specified opposite in the second column of the Table, acting jointly.

2

In this Schedule—

• (a) “Act of 1990” means the Town and Country Planning Act 1990

• (b) “commission” means a Joint Planning Inquiry Commission constituted under section 47 of this Act; and

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

The reference

3

Two or more of the matters mentioned in subsection (1) of section 47 of this Act may be referred to the same commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

4

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

5

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

6

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

• (2) A reference of any other matter mentioned in subsection (1) of section 47 of this Act may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

Notice of reference to persons and authorities concerned

7

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

• (2) In the case of an application for planning permission referred under section 32 of this Act or section 77 of the Act of 1990 or an appeal under section 33 of this Act or section 78 of the Act of 1990, notice shall also be served—

• (a) on the applicant or appellant; and

• (b) on any person who has made representations, relating to the subject matter of the application or appeal, which the. . . planning authority are required to take into account under section 26(2) or (3) of this Act or, as the case may be, section 71(1) or (2) of the Act of 1990.

• (3) In the case of a proposal that a direction should be given by a government department under section 37 of this Act or section 90(1) of the Act of 1990 with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

• (4) In this paragraph, “prescribed” means prescribed by regulations made by the Secretary of State and the Secretary of State for the Environment jointly in the exercise of their respective powers under this Act and the Act of 1990.

Proceedings of commission on reference

8

A commission inquiring into a referred matter shall—

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

• (b) thereafter, comply with paragraph 9 below in respect of affording to persons an opportunity of appearing before, and being heard by, one or more members of the commission;

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

9

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

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

• (b) in the case of a matter mentioned in section 45(1)(a), (b) or (c) of this Act or section 101(2)(a), (b) or (c) of the Act of 1990, the applicant, if he so desires; and

• (c) in the case of an application or appeal mentioned in the said section 45(1)(a) or (b) or the said section 101(2)(a) or (b), any person who has made representations relating to the subject matter of the application or appeal which the. . . planning authority are required to take into account under section 26(2) or (3) of this Act or section 71(1) or (2) of the Act of 1990.

10

The provisions of sections 32(5) and 33(4) of this Act and sections 77(5) and 79(2) of the Act of 1990 and the provisions of Schedule 7 to this Act and Schedule 6 to the Act of 1990, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a commission.

Local inquiries

11

A commission shall, for the purpose of complying with paragraph 9 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the. . . planning authority desire the opportunity of appearing and being heard.

12

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

13

For the purposes of the Tribunals and Inquiries Act 1971 a local inquiry held by a commission—

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

• (b) if held in England, shall be treated as one held by the Secretary of State for the Environment in pursuance of a duty so imposed.

14

• (1) Subsections (4) to (9) of section 267 of this Act shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

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

Supplementary

15

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

• (2) In this paragraph “the Ministers” means the 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 this paragraph may, by arrangements made between them, be exercised by either acting on behalf of both.

16

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

SCHEDULE 10

Part I — Applications for Listed Building Consent

Form of application and effect of consent

1

• (1) An application for listed building consent shall be made in such form as the planning authority may require and shall contain—

• (a) sufficient particulars to identify the building to which it relates, including a plan, and

• (b) such other plans and drawings as are necessary to describe the works which are the subject of the application

and such other particulars as may be required by the planning authority.

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

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

2

• (1) Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one prescribed under section 24 of this Act and any such regulations may—

• (a) include requirements corresponding to sections 24 and 26(3) and (3A)of this Act; and

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

• (2) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Directions as to manner of dealing with applications

3

Reference of applications to Secretary of State

4

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

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

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

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

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

5

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

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

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

• (2) The Secretary of State may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him ; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application.

6

• (1) The Secretary of State may give directions that, in the case of such descriptions of applications for listed building consent as he may specify, other than such consent for the demolition of a building, paragraph 5 of this Schedule shall not apply; and accordingly, so long as the directions are in force. . . planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Secretary of State.

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

Appeal against decision

7

• (1) Where an application is made to the planning authority—

• (a) for listed building consent, or

• (b) for approval of the authority required by a condition imposed on the granting of listed building consent with respect to details of the works,

and the consent or approval is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may by notice served in the prescribed manner within such period as may be prescribed, not being less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Secretary of State.

• (2) A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 52 of this Act, or—

• (a) in the case of a building to which subsection (8) of that section applies, that the Secretary of State should give a direction under that subsection with respect to the building; or

• (b) in the case of a building subject to a building preservation notice under section 56 of this Act, that the building should not be included in a list compiled or approved under the said section 52.

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

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

• (b) may, if he thinks fit, exercise his power under section 52 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (8) of that section to direct that that subsection shall no longer apply to the building.

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

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

• (6) Schedule 7 to this Act applies to appeals under this paragraph.

Appeal in default of decision

8

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

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

• (b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under paragraph 4 of this Schedule,

the provisions of paragraph 7 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

• (2) Sub-paragraph (1) of this paragraph applies to an application to the planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications—

• (a) for references to the prescribed period substitute references to the period of two months from the date of the receipt of the application, and

• (b) omit paragraph (b) and the word “or” preceding it.

Part II — Revocation of Listed Building Consent

9

• (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 listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to those matters), they consider expedient.

• (2) Except as provided in paragraph 11 of this Schedule, an order under this paragraph shall not take effect unless it is confirmed by the Secretary of State; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

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

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

10

• (1) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that an order under paragraph 9 of this Schedule 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 authority and confirmed by the Secretary of State under that paragraph.

• (2) The provisions of paragraph 9 of this Schedule shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of this paragraph, in relation to the making thereof by the Secretary of State and in relation to the service of copies thereof as so made.

11

• (1) The following provisions shall have effect where the. . . planning authority have made an order under paragraph 9 of this Schedule but have not submitted the order to the Secretary of State for confirmation by him, and—

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

• (b) . . .

• (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 sub-paragraph) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this paragraph and without being confirmed by the Secretary of State.

• (3) The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) of this paragraph, and the notice shall include a statement to the effect that no compensation is payable under section 161 of this Act in respect of an order under paragraph 9 of this Schedule which takes effect by virtue of this paragraph and without being confirmed by the Secretary of State.

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

• (5) If within the period referred to in sub-paragraph (2)(a) of this paragraph no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in sub-paragraph (2)(b) of this paragraph, take effect by virtue of this paragraph and without being confirmed by the Secretary of State as required by paragraph 9(2) of this Schedule.

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

Part III — Provisions Applicable on Lapse of Building Preservation Notice

12

The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 56(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 52 of this Act.

13

The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the said building while the notice was in force.

14

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

15

Any listed building enforcement notice served by the. . . planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under sections 92 and 93 of this Act shall lapse, but section 95(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the planning authority owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

SCHEDULE 11

1

In section 58(4), the words "under subsection (5)(c) of this section and " shall be omitted.

2

For section 58(5) there shall be subsituted:—

(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 such regulations shall, in particular, make provision for securing— (a) that notice shall be given to the owners, lessees and occupiers of land affected by any such order of the submission to the Secretary of State of the order; (b) that objections and representations with respect to the proposed order duly made in accordance with the regulations shall be considered before the order is confirmed by the Secretary of State ; and (c) that copies of the order when confirmed by the Secretary of State shall be served on the owners, lessees and occupiers of the land to which it relates.

3

For section 59(1) to (3) there shall be substitued:—

(59) (1) If it appears to a local planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation by the Secretary of State, they may include in the order as made by them a direction that this section shall apply to the order. (2) Notwithstanding section 58(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein, and shall continue in force by virtue of this section until the expiration of the period of six months beginning with the date on which the order was made, or until the date on which the Secretary of State confirms the order or notifies the local planning authority that he does not propose to confirm it, whichever first occurs. (3) Provision shall be made by regulations under this Act for securing— (a) that the notices to be given of the submission to the Secretary of State of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction; and (b) that where the Secretary of State, within the said period of six months, notifies the local planning authority that he does not propose to confirm such an order, copies of that notice shall be served on the owners, lessees and occupiers of the land to which the order related.

SCHEDULE 12

Application for certificate and appeal against refusal thereof

1

2

3

Provisions with respect to grant of certificate

4

5

6

SCHEDULE 13

PART I — Adjustment of Claim Holdings assigned to Central Land Board as Security for Development Charges

1

2

3

4

5

Part II — Adjustment by Reference to Payments in Respect of War-Damaged Land

6

7

8

9

10

Part III

11

12

13

14

15

16

Part IV

17

18

19

20

21

22

Part V

23

24

25

Part VI

26

27

28

29

SCHEDULE 14

1

2

3

4

5

SCHEDULE 15

Determination of relevant area

1

Preliminary calculations

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I

Apportionment of unexpended balance between interests

3

Application of Schedule to past acquisitions

4

Interpretation

5

SCHEDULE 16

1

Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent. the amount of gross floor space which was last used for that purpose in the original building.

2

Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.

3

In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.

4

For the purposes of this Schedule gross floor space shall be ascertained by external measurement; and where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.

5

In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 6 to this Act, any reference in this Schedule to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.

SCHEDULE 17

Action by local planning authority on whom listed building purchase notice is served

1

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

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

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

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

• (2) Where the planning authority on whom a listed building purchase notice is served by an owner or lessee have served on him a notice in accordance with sub-paragraph (1)(a) or (b) of this paragraph the authority, or the other planning authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of section 104 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

• (3) Where the authority on whom a listed building purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with sub-paragraph (1)(c) of this paragraph then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve under sub-paragraph (1)(c); and section 171 of this Act shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under section 169 of this Act with the substitution for references therein to the Secretary of State taking action under section 172 of this Act of references to his taking action under paragraph 2 of this Schedule.

Action by Secretary of State in relation to listed building purchase notice

2

• (1) Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in section 179(1)(a) to (c) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

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

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

• (4) If it appears to the Secretary of State to be expedient to do so, in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of Schedule 10 to this Act, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

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

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

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

• (8) In section 171 of this Act as applied by paragraph 1(3) of this Schedule, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions referred to in sub-paragraph (1) of this paragraph are not fulfilled.

Effect of Secretary of State’s action in relation to listed building purchase notice

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• (1) Where the Secretary of State confirms a listed building purchase notice, the authority on whom the notice was served (or, if under paragraph 2(7) of this Schedule the Secretary of State modified the notice by substituting another authority or statutory undertakers for that authority, that other authority or those statutory undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 104 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

• (2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 2 of this Schedule, and has not notified the owner or lessee by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the authority on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 104 of this Act and to have served a notice to treat in respect thereof at the end of that period.

• (3) In this paragraph—

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

• (b) “the relevant period” is , subject to sub-paragraph (3A) of this paragraph, whichever of the following periods first expires, that is to say—

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

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

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

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

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

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

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

Special provision as to compensation where listed building purchase notice served

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Where in consequence of listed building consent being revoked or modified by an order under Part II of Schedule 10 to this Act, compensation is payable by virtue of section 161 of this Act in respect of expenditure incurred in carrying out any works to the building in respect of which the consent was granted, then if a listed building purchase notice is served in respect of an interest in the land, any compensation payable in respect of the acquisition of that interest in pursuance of the notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

SCHEDULE 18

Part I — Confirmation of Orders

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• (1) Before an order under section 198A, 199, , 201 or 203(1)(b) of this Act is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

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

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

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

• (2) Subject to sub-paragraph (3) of this paragraph, the notice to be given under sub-par agraph (1) of this paragraph shall be given—

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

• (b) by serving a like notice on—

• (i) every owner, occupier and lessee (except tenants for a month or a period less than a month and statutory tenants within the meaning of the Rent (Scotland) Act 1971) of any of that land;

• (ii) every local authority whose area includes any of that land;

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

• (iv) any person named in the order by virtue of section 199(2)(d) of this Act; and

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

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

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

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

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

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

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

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

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

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

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

and, in the case of an order under section 198A, or 199 of this Act, if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking, or over the curtilage of such land, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

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• (1) The Secretary of State shall not confirm an order under section 198A, 199, or 201 of this Act which extinguishes a right of way over land under, in, on, over, along or across which there is any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking, unless the undertakers have consented to the confirmation of the order; and any such consent may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they may reasonably require.

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

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