Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

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of the time when and the place where the inquiry is to be held shall be sent to any person who has lodged and has not withdrawn objections in relation to any matter in question at the inquiry, and shall be published in such newspaper or newspapers as the Minister may direct.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

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—