Legalize / United Kingdom / Public General Act

Planning and Compensation Act 1991

Type Public General Act

Publication 1991-07-25

Last updated 2025-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) in the entry relating to section 77, “(2) and (9), 66 and 67” is omitted,

(e) in the entry relating to sections 78 and 79, the words from “with” to the end are omitted,

(f) for the entry relating to section 106 there is substituted— “ Sections 106 to 106B. ”,

(g) after the entry relating to section 190 there is inserted—

Section 192. Sections 196A to 196C.

(h) after the entry relating to section 211(4) there is inserted— “ Sections 214A to 214D. ”,

(i) in the entry relating to section 285, “except subsections (5) and (6)” is omitted,

(j) in the entry relating to section 296, for “sections 65 to 68” there is substituted “ section 65 ”, and

(k) for the entry relating to section 316 there is substituted— “ Sections 316 and 316A. ”

(3) In Part II—

(a) for the entries relating to sections 65 and 68 there is substituted— “ Section 65. ”,

(b) in the entry for section 79 for “and” there is substituted “ to ”,

(d) for the entry relating to section 187 there is substituted— “ Sections 187 to 187B. ”

(4) In Part III—

(a) for the first three entries there is substituted— “ Sections 109 to 112. ”,

(b) the entries relating to sections 312(2) and 324(4) are omitted, and

(5) Parts IV and V are omitted.

(6) In Part VI—

(a) for the entries relating to sections 65 to 68 there is substituted— “ Section 65. ”,

(b) in the entry relating to section 71 for “and (2)” there is substituted “ (2) and (2A) ”,

(d) in the entry relating to section 296 for “sections 65 to 68” there is substituted “ section 65 ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

58

In section 59(4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for “£40” there is substituted “ one-tenth of level 3 on the standard scale ”.

59

For section 67(8) of that Act there is substituted—

(8) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

60

For section 73(2) of that Act there is substituted—

(2) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

61

For paragraph 3 of Schedule 4 to that Act (distribution of functions: National Parks) there is substituted—

(3) Where an application for listed building consent under section 10 relating to land in a National Park falls to be determined by a county planning authority, that authority— (a) shall send a copy of the application, as soon as practicable and in any event not later than seven days after they have received it, to the district planning authority for the area in which the land to which the application relates is situated; and (b) shall before determining the application consult the district planning authority.

SCHEDULE 8

1

The 1972 Act is amended as follows.

2

In section 27A (aftercare conditions on permission for winning and working of minerals)—

(a) in subsection (1) after “minerals" there is inserted “ or involving the depositing of refuse or waste materials ”;

(b) in subsection (2) for “operations for the winning and working of minerals have been completed" there is substituted “ the winning and working is completed or the depositing has ceased ”; and

(c) in subsection (18) for the words from “carried out" to “under the land" there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

3

In section 38(3) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (bb) there is substituted—

(bb) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after— (i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or (ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

4

(1) In section 41A (limit of duration of planning permission for winning and working of minerals), in subsection (1) for “consisting of the winning and working of minerals" there is substituted

— (a) consisting of the winning and working of minerals; or (b) involving the depositing of mineral waste,

(2) In subsections (2), (3) and (5) of that section for “development", in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

(3) In subsections (6) and (7) of that section the words “consisting of the winning and working of minerals" in both places where they occur, are omitted.

5

(1) Section 49 (discontinuance orders, etc.) is amended as follows.

(2) In subsection (1A), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”.

(3) In subsection (1B), for “of minerals" there is substituted “ or depositing ”.

(4) In subsection (1C), after “minerals" there is inserted “ or involving the deposit of refuse or waste materials ”.

(5) For subsection (1E) there is substituted—

(1E) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be— (a) required by section 41A of this Act; or (b) specified in the order.

(6) In subsection (1F), for the words from “before" to “under it" there is substituted “ before the development began ”.

(7) In subsection (7) at the beginning there is inserted “ Subject to subsection (7A) of this section, ”.

(8) After subsection (7) there is inserted—

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

6

(1) For subsections (1) to (3) of section 49A (prohibition of resumption of winning and working of minerals) there is substituted—

(1) Where it appears to the planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has permanently ceased, the planning authority may by order— (i) prohibit the resumption of the winning and working or the depositing; and (ii) impose, in relation to the site, any such requirement as is specified in subsection (3) of this section. (2) The planning authority may assume that the winning and working or the depositing has permanently ceased only when— (a) no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and (b) it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely. (3) The requirements mentioned in subsection (1) of this section are— (a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose; (b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations; (c) a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and (d) a restoration condition.

(2) At the end of subsection (11) of that section there is inserted “ or involving the depositing of mineral waste ”.

7

For subsections (1) to (3) of section 49B (orders after suspension of winning and working of minerals) there is substituted—

(1) Where it appears to the planning authority— (a) that development of land— (i) consisting of the winning and working of minerals; or (ii) involving the depositing of mineral waste, has occurred; but (b) the winning and working or depositing has been temporarily suspended, the planning authority may by order (in this Act referred to as a “suspension order") require that steps be taken for the protection of the environment. (2) The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when— (a) no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but (b) it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely. (3) In this Act “steps for the protection of the environment” means steps for the purpose— (a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended; (b) of protecting that area from damage during that period; or (c) of preventing any deterioration in the condition of the land during that period.

8

In section 49F (resumption of winning and working of minerals after suspension order)—

(a) in subsection (1), for “in, on or under the land" there is substituted “ or involving the depositing of mineral waste at the site ”;

(b) in subsection (2) for “development consisting of the winning and working of minerals" there is substituted “ the development ”;

(3) The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

;

(d) for subsection (7) there is substituted—

(7) If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

9

In sections 100(1)(b) (enforcement of orders under sections 49, 49A and 49B) and 251(1) (power to modify Act in relation to minerals) after “minerals" there is inserted “ or involving the depositing of mineral waste ”.

10

Sections 153A, 159A and 159B are omitted.

11

For section 167A there is substituted—

(167A) (1) The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under— (a) section 42 of this Act modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste; or (b) section 49, 49A or 49B of this Act with respect to such winning and working or depositing, that sections 153, 159, 167, 226 and 227 of this Act shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed. (2) Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may make provision— (a) as to circumstances in which compensation is not to be payable; (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; (c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed, and may also make different provision for different cases, and incidental or supplementary provision. (3) No regulations under this section shall have effect until approved by a resolution of each House of Parliament. (4) Before making any such regulations, the Secretary of State shall consult such persons as appear to him to be representative— (a) of persons carrying out mining operations; (b) of owners of interests in land containing minerals; (c) of planning authorities.

12

Sections 167B and 167C are omitted.

13

In section 251(1A) (power to modify Act in relation to minerals) the definition of “development consisting of the winning and working of minerals" is omitted.

14

For section 251A (duty of planning authorities to review mineral workings) there is substituted—

(251A) (1) Every planning authority shall undertake periodic reviews about the winning and working of minerals, and the depositing of mineral waste, in their area. (2) Subject to regulations made by virtue of subsection (4) of this section, the duty under this section is, at such intervals as they think fit— (a) to review every mining site in their area; and (b) to consider whether they should make an order under section 42, 49, 49A or 49B of this Act, and if they do consider that they should make any such order, to make it. (3) For the purposes of subsection (2) “a mining site” means a site which— (a) is being used for the winning and working of minerals or the depositing of mineral waste; (b) has been so used at any time during— (i) the period of five years preceding the date of the beginning of the review; or (ii) such other period preceding that date as may be prescribed; or (c) is authorised to be so used. (4) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

15

In section 275(1) (interpretation)—

(a) after the definition of “conservation area" there is inserted—

“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;

(b) the definition of “development consisting of the winning and working of minerals" is omitted;

(d) in the definition of “minerals" for “minerals and substances in or under land" there is substituted “ substances ”;

(e) the definitions of “relevant order", “restrictions on the winning and working of minerals" and “special consultations" are omitted; and

(f) at the end there is inserted—

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

SCHEDULE 9

The following Schedule shall be inserted as Schedule 10A to the 1972 Act—

SCHEDULE 10

The 1972 Act

1

The 1972 Act is amended as follows.

2

For section 53(5) (offences: penalties) there is substituted—

(5) A person who is guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000, or both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both; and in determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

3

In section 56L(4) (offences)—

(a) for “the statutory maximum" there is substituted “ £20,000 ”; and

(b) for the words following paragraph (b) there is substituted—

(4A) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

4

In section 92, (power to serve listed buildings enforcement notice)—

(a) subsection (1)(c) is omitted; and

(b) for subsection (4) there is substituted—

(4) A listed building enforcement notice— (a) shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and (b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps, and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

5

For section 92(5) of that Act (withdrawal of notices) there is substituted—

(5) The planning authority may— (a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or (b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act, and the powers conferred by this subsection may be exercised whether or not the notice has taken effect. (5A) The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it

6

(1) Section 93 (appeals) is amended as follows.

(2) In subsection (1)—

(a) for paragraph (b) there is substituted—

(b) that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred; (ba) that those matters (if they occurred) do not constitute such a contravention;

; and

(b) paragraph (k) is omitted.

(3) For subsection (2) of that section there is substituted—

(2) An appeal under this section shall be made either— (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.

(4) In subsection (4) (power to correct notice on appeal), for paragraph (a) there is substituted—

(a) the Secretary of State may— (i) correct any defect, error or misdescription in the listed building enforcement notice; or (ii) vary the terms of the listed building enforcement notice, if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(5) In subsection (5), the words “or for varying the terms of the notice in favour of the appellant" are omitted.

7

For section 94 (penalties for non-compliance with listed building enforcement notice) there is substituted—

(94) (1) Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection. (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence. (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence. (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show— (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence. (5) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a fine not exceeding £20,000; and (b) on conviction on indictment, to a fine. (6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

8

In section 95 (execution and cost of works required by listed building enforcement notice), at the end there is inserted—

(4) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

(1) In section 97B (power to issue hazardous substances contravention notice)—

(a) in subsection (3)(b) after “remedy" there is inserted “ wholly or partly ”, and

(b) in subsection (8) after “before" there is inserted “ or after ”, and

(c) at the end of subsection (9) there is inserted “ or would, if the notice were re-issued, be served with a copy of it ”.

10

After section 97A there is inserted—

(97AB) (1) The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control. (2) If the sheriff is satisfied— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, he may issue a warrant authorising any person duly authorised in writing to enter the land. (3) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (4) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (97AC) (1) Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land. (3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act. (5) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (6) Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (7) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (8) No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section. (9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if— (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (10) Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.

11

After section 97B there is inserted—

(97BA) (1) A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice. (2) The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect. (3) The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it. (97BB) (1) The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control. (2) If the sheriff is satisfied— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, he may issue a warrant authorising any person duly authorised in writing to enter the land. (2) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (97BC) (1) A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act. (4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (6) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (7) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if— (a) the land in question is held by statutory undertakers; and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (8) Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.

12

In section 265 (rights of entry)—

(a) in subsection (2), for “thereon" there is substituted “ on that or any other land ”; and

(b) in subsection (3), for “the land" there is substituted “ that or any other land ”.

Local Government, Planning and Land Act 1980 (c. 65)

13

In Part I of Schedule 30 to the Local Government, Planning and Land Act 1980, the following is inserted at the appropriate place among the provisions there listed: 97AB.

SCHEDULE 11

Part I — Modification of Procedure for Making or Altering Schemes

Procedure before and after deposit of proposals

1

In Schedule 6A to the 1972 Act (simplified planning zones) for paragraphs 5 and 6 there is substituted—

(5) (1) A planning authority proposing to make or alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph. (2) They shall— (a) consult— (i) the Secretary of State; and (ii) any local roads authority in whose area the proposed zone or any part of it lies, as to the effect any proposals they may make might have on existing or future roads; and (b) consult or notify such persons as regulations may require them to consult or, as the case may be, notify. (3) They shall take such steps as may be prescribed, or as the Secretary of State may in a particular case direct, to publicise— (a) the fact that they propose to make or alter a simplified planning zone scheme, and (b) the matters which they are considering including in the proposals. (4) They shall consider any representations that are made in accordance with regulations. (6) Where a planning authority have prepared a proposed simplified planning zone scheme, or proposed alterations to a simplified planning zone scheme, they shall— (a) make copies of the proposed scheme or alterations available for inspection at such places as may be prescribed; (b) take such steps as may be prescribed for the purpose of advertising the fact that the proposed scheme or alterations are so available and the places at which, and times during which, they may be inspected; (c) take such steps as may be prescribed for inviting representations or objections to be made within such period as may be prescribed; and (d) send a copy of the proposed scheme or alterations to the Secretary of State and to any local roads authority whom they have consulted under paragraph 5(2)(a) of this Schedule.

Dealing with objections, etc.

2

(1) For paragraph 7(1) to (3) (objections: local inquiry or other hearing) there is substituted—

(7) (1) Where objections to the proposed scheme or alterations are made, the planning authority may— (a) for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or (b) require the objections to be considered by a person appointed by the Secretary of State. (2) A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

(2) For paragraph 10(3) and (4) (consideration of objections, etc., by Secretary of State) there is substituted—

(3) Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which— (a) have already been considered by the planning authority or by a person appointed by the Secretary of State, or (b) have already been considered at a local inquiry or other hearing. (4) The Secretary of State may— (a) for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or (b) require such objections and views to be considered by a person appointed by him. (5) In considering the proposals the Secretary of State may consult with, or consider the views of, any planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph.

Part II — Minor and Consequential Amendments

3

Schedule 6A to the 1972 Act is amended as follows.

4

At the end of paragraph 4(1) there is added “ and, in either case, requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme. ”

5

In paragraph 7(4) for “to hold a local inquiry or other hearing" there is substituted “ for the purposes of this paragraph ”.

6

For paragraph 8(1) there is substituted—

(1) After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9 of this Schedule)

7

In paragraph 9(2)(a) after “hearing" there is inserted “ or any consideration of objections ”.

8

For paragraph 11(1) there is substituted—

(11) (1) Where— (a) a planning authority are directed under paragraph 3 to make a simplified planning zone scheme which the Secretary of State considers appropriate or to alter such a scheme in such manner as he considers appropriate, and (b) the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the making or, as the case may be, alteration of a scheme, he may himself make a scheme or, as the case may be, the alterations.

9

In paragraph 12(2)—

(a) after paragraph (b) there is inserted—

(bb) make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

and

(b) in paragraph (e) the words from “for the purpose" to “5(3)" are omitted.

SCHEDULE 12

Land Compensation (Scotland) Act 1963 (c. 51)

1

In section 23 of the Land Compensation (Scotland) Act 1963 (assumptions not directly derived from development plans)—

(a) for subsection (3) there is substituted—

(3) Subject to subsection (4) of this section, it shall be assumed that, in respect of the relevant land or any part of it, planning permission would be granted— (a) subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and (b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act.

; and

(b) in subsection (4), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, in relation to compensation which fell or falls to be assessed by reference to prices current on 16th November 1990 or on any subsequent date.

Gas Act 1965 (c. 36)

2

In Schedule 3 to the Gas Act 1965, paragraph 3 is omitted.

Public Expenditure and Receipts Act 1968 (c. 14)

3

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees) in paragraph 7, sub-paragraph (a) is omitted.

Post Office Act 1969 (c. 48)

4

In Schedule 9 to the Post Office Act 1969 (transitional provisions) in paragraph 27(7) for “Parts VII and XII of the Town and Country Planning (Scotland) Act 1972” there is substituted “ Part XII of the Town and Country Planning (Scotland) Act 1972 ”.

Land Compensation (Scotland) Act 1973 (c. 56)

5

(1) In section 5 of the Land Compensation (Scotland) Act 1973 (assessment of compensation: assumptions as to planning permission)—

(a) for subsection (2) there is substituted—

(3) Subject to subsection (3) below, it shall be assumed that, in respect of the land in which the interest subsists (“the relevant land”) or any part of it, planning permission would be granted— (a) subject to the condition set out in Schedule 16 to the Town and Country Planning (Scotland) Act 1972, for any development of a class specified in paragraph 1 of Schedule 6 to that Act; and (b) for any development of a class specified in paragraph 2 of Schedule 6 to that Act.

; and

(b) in subsection (3), paragraphs (a) and (b) are omitted.

(2) This paragraph shall have effect, or be treated as having had effect, where the relevant date for the purposes of Part I of the Land Compensation (Scotland) Act 1973 fell or falls on or after 16th November 1990.

The 1972 Act

6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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Civil Aviation Act 1982 (c. 16)

34

In section 53(1)(a) of the Civil Aviation Act 1982 “158,” is omitted.

Airports Act 1986 (c. 31)

35

In section 61(1)(a) of the Airports Act 1986 “158,” is omitted.

SCHEDULE 13

Agricultural Land (Removal of Surface Soil) Act 1953 (c. 10.)

1

For section 4 (application to Scotland) of the Agricultural Land (Removal of Surface Soil) Act 1953 there is substituted—

(4) In the application of this Act to Scotland, for the references to the Town and Country Planning Act 1990, to Part III of that Act, and to section 192 of that Act, there shall be substituted references to the Town and Country Planning (Scotland) Act 1972, to Part III of that Act, and to section 90A of that Act.

The 1972 Act

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3

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4

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5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

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37

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38

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39

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40

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Planning contravention notices.

Execution of works required by enforcement notice.

Planning obligations.

Dismissal of appeals in cases of undue delay.

Land of interested planning authorities and development by them.

Advertisements.

Listed buildings, conservation areas and hazardous substances.

Planning compensation repeals.

Home loss payments: spouses having statutory rights of occupation.

Compensation where permission for additional development granted after acquisition.

Powers to acquire land whose enjoyment will be affected by public works.

Short title, commencement, etc.

Public Expenditure and Receipts Act 1968 (c.14)

Post Office Act 1969 (c.48)

Airports Act 1986 (c.31)

Planning (Consequential Provisions) Act 1990 (c.11)

Rent (Agriculture) Act 1976 (c.80)

The following Schedule shall be inserted as Schedule 10A to the 1972 Act—

Land Compensation (Scotland) Act 1963 (c.51)

Public Expenditure and Receipts Act 1968 (c.14)

Post Office Act 1969 (c.48)

Airports Act 1986 (c.31)

Agricultural Land (Removal of Surface Soil) Act 1953 (c.10.)

41

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42

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43

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Local Government (Scotland) Act 1973 (c.65)

44

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Local Government, Planning and Land Act 1980 (c.65)

45

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46

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Town and Country Planning Act 1984 (c.10)

47

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SCHEDULE 14

1

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2

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SCHEDULE 15

Part I — Miscellaneous Amendments

Rules for assessment of compensation

1

In section 5 of the Land Compensation Act 1961 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

Expenses in acquiring replacement land

2

After section 10 of the Land Compensation Act 1961 there is inserted—

(10A) Where, in consequence of any compulsory acquisition of land— (a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and (b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom, the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.

Compensation otherwise than in the form of money

3

In section 3 of the Compulsory Purchase Act 1965 (acquisition by agreement for a consideration in money) after “money” there is inserted “ or money’s worth ”.

Tenants at will, etc: part acquisitions

4

In section 20(2) of the Compulsory Purchase Act 1965 (tenant at will, etc., entitled to compensation for damage done to him in his tenancy), for “in his tenancy by severing the” there is substituted “ by severing ”.

Caravans etc. affected by noise of public works

5

(1) After section 20 of the Land Compensation Act 1973 there is inserted—

(20A) (1) The Secretary of State may make regulations empowering responsible authorities to make a payment, not exceeding an amount specified in the regulations, in respect of any dwelling which— (a) is not a building; (b) is occupied by a person as his only or main residence; and (c) is affected or likely to be affected by noise caused by the construction or use of public works. (2) Regulations under this section may— (a) make provision as to the level of noise giving rise to a power under the regulations and the area in which a dwelling must be situated if a power is to arise in respect of it; (b) specify the classes of public works and of dwellings in respect of which a power is to arise, and the classes of persons entitled to make claims, under the regulations; and (c) make provision as to the funds out of which expenses incurred by responsible authorities under the regulations are to be defrayed. (3) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Subsections (3), (7) and (12) of section 20 above apply for the purposes of this section as they apply for the purposes of that.

(2) This paragraph does not apply in relation to any public works if the relevant date for the purposes of Part I of the Land Compensation Act 1973 fell more than twelve months before the date on which this paragraph comes into force.

Farm loss payments

6

(1) Section 34 of the Land Compensation Act 1973 (right to farm loss payment where person displaced from agricultural unit) is amended as follows.

(2) For subsection (1)(a) (section applies only if whole of land is acquired) there is substituted—

(a) in consequence of the compulsory acquisition of his interest in the whole, or a sufficient part, of that land, he is displaced from the land acquired

(3) In subsection (2) (interests qualifying for compensation) for the words following “tenancy” there is substituted “ where his interest is as tenant for a year or from year to year or a greater interest, and “sufficient part” means not less than 0.5 hectares or such other area as the Secretary of State may by order specify ”.

(4) After that subsection there is inserted—

(2A) The power to make an order under subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) At the end of subsection (3)(a) (meaning of displacement) there is added “ or on any date after the making or confirmation of the compulsory purchase order but before being required to do so by the acquiring authority ”.

(6) Subsection (6) is omitted.

Notice to quit agricultural holding: right to opt for notice of entry compensation

7

At the end of section 59(7) of the Land Compensation Act 1973 (which does not apply where land was Crown land at time of agreement to acquire it) there is inserted “ and the reference in that subsection to an authority possessing compulsory purchase powers includes a person or body of persons who would be an authority possessing compulsory purchase powers if the landlord’s interest were not an interest in Crown land (as defined by section 293 of the Town and Country Planning Act 1990). ”

Service of documents

8

In section 6(4) of the Acquisition of Land Act 1981 (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

Meaning of “owner”

9

In section 7 of the Acquisition of Land Act 1981 (interpretation) at the end of the definition of “owner” there is inserted “ and a person who would have power to sell and convey or release the land to the acquiring authority if a compulsory purchase order were operative ”.

Local authority and statutory undertakers’ land

10

(1) At the end of section 16(1) of, and paragraph 3(1) of Schedule 3 to, the Acquisition of Land Act 1981 (statutory undertakers’ land excluded from compulsory purchase if objection made and no certificate given) there is added “ and the representation is not withdrawn. ”

(2) For section 31(2) and (3) of that Act (acquisition under certain enactments without a certificate) there is substituted—

(2) Section 16(2) of, and paragraph 3(2) of Schedule 3 to, this Act shall not apply to an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.

11

In section 17(3) of, and paragraph 4(3) of Schedule 3 to, that Act (certain compulsory acquisitions to be subject to special parliamentary procedure, unless acquirer is local authority, etc.), before “the Land Authority for Wales” there is inserted “ an urban development corporation ”.

Commons, open spaces, etc.

12

(1) In section 19 of the Acquisition of Land Act 1981 (compulsory acquisition of commons, etc., to be subject to special parliamentary procedure, with exceptions)—

(a) at the end of subsection (1)(a) there is inserted—

(aa) that the land is being purchased in order to secure its preservation or improve its management

, and

(b) in subsection (2) after “shall” there is inserted “ direct the acquiring authority to ”,

(2A) Notice under subsection (2) above shall be given in such form and manner as the Secretary of State may direct.

, and

(d) at the end of subsection (3) there is added “ except where the Secretary of State has given a certificate under subsection (1)(aa) above. ”

(2) In paragraph 6 of Schedule 3 to that Act—

(a) after sub-paragraph (1)(a) there is inserted—

(aa) that the right is being acquired in order to secure the preservation or improve the management of the land

, and

(b) in sub-paragraph (3) after “shall” there is inserted “ direct the acquiring authority to ”,

(3A) Notice under sub-paragraph (3) above shall be given in such form and manner as the Secretary of State may direct.

, and

(d) in sub-paragraph (4), after “mentioned, and” there is inserted “ except where the Secretary of State has given his certificate under sub-paragraph (1)(aa) above. ”

Blighted land

13

In sections 150(1)(b), 161(2)(c) and 162(1)(b) of the principal Act (notices requiring purchase of blighted land: need to show reasonable endeavours to sell interest) after “interest” there is inserted “ or the land falls within paragraph 21 or paragraph 22 (disregarding the notes) of Schedule 13 and the powers of compulsory acquisition remain exercisable ”.

14

(1) In Schedule 13 to that Act (blighted land) for paragraph 16 there is substituted—

(16) Land comprised in the site of a highway as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the local planning authority.

(2) In paragraph 18 of that Schedule for “trunk road or special road” there is substituted “ highway ”.

Part II — Minor and Consequential Amendments

Land Compensation Act 1961 (c. 33)

15

(1) In ... the Land Compensation Act 1961 ...

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

16

In section 17 of that Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) subsection (8) is omitted.

17

In section 19(1) of that Act for “in the circumstances mentioned in subsection (1) of section 17 of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

18

Section 22(3) of that Act is omitted.

Compulsory Purchase Act 1965 (c. 56)

19

In section 31 of the Compulsory Purchase Act 1965—

(a) after “but” there is inserted “ in the case of land which is not diocesan glebe land ”,

(b) for “to be applied” there is substituted “ and, in the case of diocesan glebe land, shall be paid to the Diocesan Board of Finance in which the land is vested and, in either case, shall be applied ”, and

(c) at the end of that section there is added— “ In this section “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976. ”

Land Compensation Act 1973 (c. 26)

20

In section 13 of the Land Compensation Act 1973—

(a) in subsection (1) for “to the Church Commissioners to” there is substituted—

(a) in the case of land which is not diocesan glebe land, to the Church Commissioners; and (b) in the case of diocesan glebe land, to the Diocesan Board of Finance in which the land is vested, and (in either case) shall

, and

(b) at the end of subsection (2) there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

21

In section 26 of that Act—

(a) in subsection (2) for “of the kind mentioned in section 22(2) above” there is substituted “ a qualifying interest ”, and

(b) in subsection (5) for “and (2)” there is substituted “ (2) and (2A) ”.

22

(1) Section 29 of that Act is amended as follows.

(2) In subsection (1)—

(a) in paragraph (ii) “passed the resolution” is omitted;

(b) “and” following paragraph (iii) is omitted;

(d) in paragraph (v) after “(e)” there is inserted “ above ”.

(3) In subsection (3A) the words from “of the service” to “(1)(b) above” are omitted.

(4) In subsection (4)—

(a) for paragraph (b) there is substituted—

(b) a right to occupy the dwelling— (i) as a statutory tenant within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977, or (ii) under a contract to which section 19 of the Rent Act 1977 (restricted contracts) applies or would apply if the contract or dwelling were not excluded by section 19(3) to (5) or 144 of that Act

, and

(b) for paragraph (e) there is substituted—

(e) a right to occupy the dwelling under a licence where— (i) it is a right to occupy as a protected occupier within the meaning of the Rent (Agriculture) Act 1976, (ii) Part IV of the Housing Act 1985 (secure tenancies) applies to the licence, or (iii) the licence is an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988.

23

In section 32(7B) of that Act for “the person giving up possession” there is substituted “ any person giving up possession or occupation ”.

24

In section 52 of that Act—

(a) in subsection (9) after “the amount of the advance payment” there is inserted “ together with any amount paid under section 52A ”, and

(b) in subsection (10) the words following “unpaid” are omitted.

Local Government, Planning and Land Act 1980 (c. 65)

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Highways Act 1980 (c. 66)

26

In section 246(2) of the Highways Act 1980, for the words following paragraph (b) there is substituted “ if the interest of the vendor is a qualifying interest ”.

Acquisition of Land Act 1981 (c. 67)

27

At the end of section 12(3) of, and paragraph 3(3) of Schedule 1 to, the Acquisition of Land Act 1981 there is added “ or being diocesan glebe land within the meaning of the Endowments and Glebe Measure 1976 ”.

28

Section 20 of, and paragraph 7 of Schedule 3 to, that Act are repealed.

The principal Act

29

In section 231 of the principal Act the words from “for a purpose” to “is situated” are omitted.

30

(1) In section 318 of that Act, in subsection (3) for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and (b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested, and shall (in either case)

(2) In subsection (4)(b) of that section for “(3)(b)” there is substituted “ (3) ”.

(3) At the end of section 318(6) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

31

(1) In section 86(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and (b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested, and shall (in either case).

(2) At the end of section 86(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

Planning (Hazardous Substances) Act 1990 (c. 10)

32

(1) In section 34(3) of the Planning (Hazardous Substances) Act 1990 for the words from “be” (in paragraph (a)) to “shall” (in paragraph (b)) there is substituted—

in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and (b) shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested, and shall (in either case).

(2) At the end of section 34(4) of that Act there is added “ or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976 ”.

SCHEDULE 16

1

After section 30 of the Land Compensation (Scotland) Act 1963 there is inserted—

(31) (1) Where— (a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers and, before the end of the period of ten years beginning with the date of completion, a planning decision is made granting permission for the carrying out of additional development of any of the land; and (b) the principal amount of the compensation which was payable in respect of the compulsory acquisition or, in the case of a sale by agreement, the amount of the purchase price, was less than the amount specified in subsection (2) of this section, then, subject to the following provisions of this section, the person to whom the compensation or purchase price was payable shall be entitled, on a claim duly made by him, to compensation from the acquiring authority of an amount equal to the difference. (2) The amount referred to in subsection (1)(b) of this section is the principal amount of the compensation which would have been payable in respect of a compulsory acquisition of the interest by the acquiring authority, in pursuance of a notice to treat served on the relevant date if— (a) the planning decision mentioned in subsection (1)(a) of this section had been made before that date; and (b) the permission granted by it had been in force on that date. (3) No compensation shall be payable by virtue of this section in respect of a planning decision in so far as it relates to land acquired by the acquiring authority, whether compulsorily or by agreement— (a) under section 142 or 143 of the Local Government, Planning and Land Act 1980 (acquisitions by urban development corporations and by roads authorities in connection with urban development areas); (b) under the New Towns (Scotland) Act 1968 (acquisitions by development corporations and by roads authorities in connection with new town areas); or (c) where the compulsory purchase order included a direction under section 107 of the Town and Country Planning (Scotland) Act 1972 (minimum compensation in case of listed building deliberately left derelict). (4) If— (a) in accordance with the preceding provisions of this section the person referred to in subsection (1) of this section would be entitled to compensation under this section; but (b) before the planning decision in question that person has died, or any other act or event has occurred whereby the right to compensation under this section, if vested in him immediately before that act or event, would thereupon have vested in some other person, the right to compensation under this section shall be treated as having devolved as if that right had been vested in him immediately before his death or immediately before that act or event, as the case may be, and the compensation shall be payable to the persons claiming under him accordingly. (5) Compensation under this section shall carry interest at the rate prescribed under section 40 of this Act from the date of the planning decision in question until payment. (6) The provisions of Part II of this Act (so far as applicable) shall apply (subject to the following provisions) in relation to the assessment of compensation under this section as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land. (32) (1) For the purpose of facilitating the making of claims for compensation under section 31 of this Act— (a) the person entitled to receive the compensation or purchase price in respect of such an acquisition or sale as is mentioned in section 31(1)(a) of this Act; or (b) any person claiming under him as being a person who, if compensation under that section became payable, would be entitled to it by virtue of subsection (4) of that section, may give to the acquiring authority an address for service under this section. (2) Where, at any time— (a) after a person has given an acquiring authority an address for service under this section; and (b) before the end of the period mentioned in paragraph (a) of section 31(1) of this Act, such a planning decision is made as is mentioned in that paragraph, the acquiring authority shall, subject to subsection (3) of this section, give notice of the decision in the prescribed form to that person at that address. (3) If— (a) an address for service has been given by such a person as is mentioned in subsection (1)(b) of this section; and (b) the acquiring authority have reasonable grounds for believing that the person mentioned in subsection (1)(a) of this section is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act, the acquiring authority need not give a notice to the person mentioned in subsection (1)(a). (4) A claim for compensation under section 31 of this Act in respect of a planning decision shall not have effect if made more than six months after the following date, that is to say— (a) if the claim is made by a person who has not given the acquiring authority an address for service under this section, the date of the decision; (b) if the claim is made by a person who has given the acquiring authority such an address, the date on which notice of the decision is given to him in accordance with subsection (2) of this section; but, where there is an appeal against the planning decision, the reference in paragraph (a) of this subsection to the date of the planning decision shall be read as a reference to the date of the decision on the appeal. (5) The references in subsection (4) of this section to an appeal against a planning decision include an appeal made by virtue of section 34 of the Town and Country Planning (Scotland) Act 1972. (6) Where— (a) a person has given to an acquiring authority an address for service under this section; and (b) that authority, before the end of the period mentioned in section 31(1)(a) of this Act, cease to be entitled to an interest in the whole or part of the land comprised in the acquisition or sale, without remaining or becoming entitled to the dominium utile, or a tenancy, of that land or that part of it, as the case may be, they shall notify the planning authority; and after that it shall be the duty of the planning authority to give notice to the acquiring authority of any planning decision of which the acquiring authority are required to give notice under subsection (2) of this section. (7) Notice under subsection (6) of this section of a planning decision— (a) in the case of a decision made by the planning authority, shall be given within seven days after the making of the decision; and (b) in any other case, shall be given within seven days after the making of the decision has been notified to the planning authority. (33) (1) The provisions of sections 31 and 32(1) of this Act shall have effect in relation to any planning permission falling within column 1 of the following table for any development as if a planning decision granting that permission had been made on the date shown in column 2.

Planning permission	Date of decision
Permission granted by a development order	When development is initiated
Permission granted by the adoption or approval of a simplified planning zone scheme	When the scheme is approved or adopted
Permission granted by an order designating an enterprise zone	When the designation takes effect
Permission deemed to be granted by a direction under section 37 of the Town and Country Planning (Scotland) Act 1972	When the direction is given
Permission deemed to be granted by a planning authority	The occurrence of the event in consequence of which the permission is deemed to be granted

(2) Where the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to any planning permission falling within column 1 of that table for any development, then if— (a) before the date shown in column 2, a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority; and (b) the development is proposed to be carried out by the acquiring authority or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development, it shall, subject to subsection (3) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority. (3) An acquiring authority shall not be required by virtue of subsection (2) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if— (a) an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and (b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act. (4) A claim for compensation under section 31 of this Act in respect of a planning permission falling within column 1 of that table shall not have effect if made more than six months after the following date, that is to say— (a) if the claim is made by a person to whom notice has been given under subsection (2) of this section, the date on which the notice was given; (b) in any other case, the date shown in column 2. (34) (1) Where— (a) any interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and before the end of the period of ten years beginning with the date of completion there is initiated any additional development of any of the land which was comprised in the acquisition or sale; and (b) by reason of any such circumstances as are mentioned in subsection (2) of this section the development in question is development for which planning permission is not required, the provisions of sections 31 and 32(1) of this Act shall apply as if a planning decision granting permission for that development had been made at the time when the additional development is so initiated. (2) The circumstances referred to in subsection (1) of this section are either or both of the following— (a) that the development is initiated by or on behalf of the Crown; (b) that there is a Crown interest in the land and the development is initiated in right of that interest. (3) Where— (a) the provisions of section 31 of this Act have effect as applied by subsection (1) of this section in relation to the initiation of any development; and (b) before the development is initiated a person who (under section 32(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority, it shall, subject to subsections (4) and (5) of this section, be the duty of the acquiring authority to give notice in the prescribed form of the initiation of the development to the person mentioned in paragraph (b) of this subsection at the address given by him to the authority. (4) Where— (a) by virtue of subsection (3) of this section, it is the duty of a government department to give notice of development initiated by or on behalf of that department; and (b) the Minister in charge of the department certifies that for reasons of national security it is necessary that the nature of the development should not be disclosed, except to the extent specified in the certificate, the department shall give notice of development, but shall not be required to give any particulars of the nature of the development except to the extent specified in the certificate. (5) An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 32(1)(a) of this Act if— (a) an address for service has been given to them by such a person as is mentioned in section 32(1)(b) of this Act; and (b) they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4)(b) of this Act. (6) A claim for compensation under section 31 of this Act in respect of the initiation of any development shall not have effect if made more than six months after the following date, that is to say— (a) if the claim is made by a person to whom notice has been given under subsection (3) of this section, the date on which the notice was given; (b) in any other case, the time the development is initiated. (7) In this section “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department or held in trust for Her Majesty for the purposes of a government department. (35) The preceding provisions of this Part of this Act shall have effect subject to the provisions of the Third Schedule to this Act. (36) (1) The Secretary of State may by statutory instrument make regulations for prescribing the form of any notice required by this Part of this Act to be given in the prescribed form. (2) Any statutory instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (37) (1) In this Part of this Act— - “additional development”, in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say— (a) where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it; (b) where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest; (c) development for which planning permission was in force on the relevant date; (d) in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 22 to 24 of this Act) for the purpose of assessing compensation that planning permission would be granted; and (e) in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed; - “date of completion”, in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority; - “local authority” means a regional, islands or district council; - “prescribed” means prescribed by regulations under this Part of this Act; - “the relevant date”, in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected. (2) In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development— (a) either unconditionally or subject to conditions; and (b) either in respect of that land taken by itself or in respect of an area including that land.

2

After Schedule 2 to that Act there is inserted—

Third Schedule (1) Subject to paragraph 2 of this Schedule, any reference in section 31 of this Act to the principal amount of any compensation shall be construed as including any sum attributable to disturbance, severance or injurious affection. (2) If the person entitled to the compensation under section 31 of this Act— (a) was, at the time of the compulsory acquisition or sale mentioned in subsection (1) of that section, entitled to an interest in other land contiguous or adjacent to the land acquired or purchased; but (b) is, at the time of the planning decision in question, no longer entitled to that interest, either in respect of the whole or in respect of part of that land; any reference in section 31 of this Act to the principal amount of any compensation or the amount of the purchase price shall be construed as excluding so much of the compensation or purchase price as was or would have been attributable to severance or injurious affection of that land or, as the case may be, of that part. (3) In determining for the purposes of section 31 of this Act the difference between the principal amount of the compensation specified in subsection (2) of that section and the principal amount of the compensation or the amount of the purchase price mentioned in subsection (1) of that section, in a case where— (a) the compensation or the purchase price was or would have been reduced (whether by virtue of section 14 of this Act or otherwise) by reason of an increase in the value of an interest in contiguous or adjacent land; but (b) at the time of the planning decision the person entitled to the compensation under section 23 of this Act is not entitled to the interest or is entitled to it only as respects part of the contiguous or adjacent land, the amount specified in section 31(2) and the principal amount or purchase price mentioned in section 31(1) shall be calculated as if the circumstances by reason of which it was or would have been so reduced had not existed or, as the case may be, as if the interest in the contiguous or adjacent land had subsisted only in that part of the land. (4) Subject to the provisions of this Schedule relating to settled land, where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a heritable security, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the person who, subject to the heritable security, was entitled to that interest, and not as a reference to the heritable creditor. (5) For the purposes of the application of section 31 of this Act, and of the provisions of this Schedule other than this paragraph, to a case falling within the preceding paragraph, any reference to the principal amount of the compensation which was or would have been payable in respect of any compulsory acquisition shall be construed as a reference to the principal amount of the compensation which would have been payable if the interest in question had not been subject to a heritable security. (6) No compensation shall be payable by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement where the interest acquired or sold was the interest of a heritable creditor (as distinct from an interest subject to a heritable security). (7) (1) Where, in a case falling within section 31(1) of this Act, the interest in land which was acquired or sold was subject to a trust, and accordingly the compensation or purchase price was payable to the trustees of that trust, any reference (however expressed) in section 31 or section 32 of this Act to the person entitled to the compensation or purchase price shall be construed as a reference to the trustees for the time being of the trust. (2) Where sub-paragraph (1) of this paragraph applies, section 31(4) of this Act shall not apply. (3) Any compensation paid to the trustees of the trust by virtue of section 31 of this Act in respect of a compulsory acquisition or sale by agreement shall be applicable by the trustees as if it were proceeds of the 1sale of the interest acquired or sold. (4) In this paragraph “trust” has the same meaning as in the Trusts (Scotland) Act 1921. (8) References in this Schedule to sections 31 and 32 of this Act include references to those sections as applied by section 33 or 34 of this Act, and references to the time of any planning decision shall be construed accordingly.

SCHEDULE 17

Part I — Miscellaneous amendments

Compensation for tenants for a year or from year to year

1

In section 114 of the Lands Clauses Consolidation (Scotland) Act 1845 (compensation to be made to tenants for a year etc.), for “in his tenancy by the severing of the” there is substituted “ by severing ”.

Local authority and statutory undertakers’ land

2

In paragraph 10 (protection of land held by statutory undertakers) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, before “the compulsory purchase order” there is inserted “ and, if the representation is not withdrawn, ”.

3

In paragraph 11 of that Schedule (purchase of open space)—

(a) in sub-paragraph (2), after “shall” there is inserted “ direct the acquiring authority to ”; and

(b) after that sub-paragraph there is inserted—

(3) Notice under sub-paragraph (2) of this paragraph shall be given in such form and manner as the Secretary of State may direct.

Service of documents

4

In paragraph 19(4) of that Schedule (service of documents where not practicable to ascertain name or address of owner, etc.), for the words from “premises or” to the end there is substituted “ land or, if there is no person on the land to whom it may be delivered, by leaving it or a copy of it on or near the land ”.

Rules for the assessment of compensation

5

In section 12 of the Land Compensation (Scotland) Act 1963 (rules for assessing compensation), in rule (3) (disregard of special suitability of land for any purpose where, in particular, there is no market for that purpose apart from the special needs of a particular purchaser or the requirements of an authority possessing compulsory purchase powers) “the special needs of a particular purchaser or” is omitted.

Expenses in acquiring replacement land

6

After section 17 of the Land Compensation (Scotland) Act 1963 there is inserted—

(17A) Where, in consequence of any compulsory acquisition of land— (a) the acquiring authority acquire an interest of a person who is not then in occupation of the land; and (b) that person incurs incidental charges or expenses in acquiring, within the period of one year beginning with the date of entry, an interest in other land in the United Kingdom, the charges or expenses shall be taken into account in assessing his compensation as they would be taken into account if he were in occupation of the land.

7

(1) In section 22(1) of the Land Compensation (Scotland) Act 1963 after “shall” there is inserted “ (subject to subsection (3A) of this section) ”.

(2) In section 22(3) of that Act, for the words from “but” to the end there is substituted—

(3A) In determining— (a) for the purpose referred to in subsection (1) of this section whether planning permission for any development could in any particular circumstances reasonably have been expected to be granted in respect of any land; or (b) whether any of the assumptions mentioned in section 24 of this Act (but not section 23) are applicable to the relevant land or any part thereof, regard shall be had to any contrary opinion expressed in relation to that land in any certificate issued under Part IV of this Act.

8

In section 25 of that Act—

(a) for the words from the beginning of subsection (2) to “acquire it” there is substituted “ If the authority proposing to acquire the interest ”, and

(b) subsection (8) is omitted.

9

In section 27(1) of that Act for “in the circumstances mentioned in section 25(1) of this Act” there is substituted “ by an authority possessing compulsory purchase powers ”.

10

Section 30(3) of that Act is omitted.

Blighted land

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority and statutory undertakers’ land

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Caravans etc. affected by noise of public works

13

(1) After section 18 of the Land Compensation (Scotland) Act 1973 there is inserted—

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