Legalize / United Kingdom / Public General Act

Town and Country Planning (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) for the purposes of the provisions mentioned in subsection (7)(c), if he is entitled to exercise any power conferred by paragraph 2 of Schedule 4 to that Act.

(7) The provisions referred to in subsection (6) are—

(a) sections 26, 77(3), 90 to 92, 94, 99, 194(2)(a), 196, 200, 205(3)(e), 215(1) and (2), 216, 218, 219, 221 to 236, 239(10)(a), 255, 270(9), 277(2) and (3), Schedule 14 and paragraphs 2(2)(a) and (3)(a) of Schedule 16;

(b) sections 121(11)(b), 197 and 198; and

(c) sections 202(4)(b) and 208(2) and paragraphs 1, 6(2)(b)(iii) and (3), 8(5) and (7) and 9(1), (3) and (4) of Schedule 16.

Meaning of “operational land”.

215

(1) Subject to the following provisions of this section and to section 216, in this Act “operational land” means, in relation to statutory undertakers—

(a) land which is used for the purpose of carrying on their undertaking, and

(b) land in which an interest is held for that purpose.

(2) Paragraphs (a) and (b) of subsection (1) do not include land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings.

(2A) Subsection (1) does not apply in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000.

(2B) Subject to section 216, in this Act “ operational land ” means, in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, land—

(a) which is used by the licence holder, or by a company associated with it, for the purpose of carrying out activities authorised by the licence, or

(b) in which the licence holder, or a company associated with it, holds an interest for that purpose.

(2C) If for the purposes of this Act a question arises whether land is operational land in relation to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 the question must be decided by the Secretary of State.

(2D) Subsection (1) does not apply in relation to a universal postal service provider.

(2E) Subject to subsections (3) and (4) and section 216, in this Act “operational land” means, in relation to a universal postal service provider, land—

(a) which is used by the provider, or by a company associated with him, for any purpose in connection with the provision of a universal postal service, or

(b) in which the provider, or a company associated with him, holds an interest for any such purpose

(3) In sections 77(3), 218 to 236 and paragraph 6 of Schedule 6 “operational land”, in relation to a universal postal service provider. and the Civil Aviation Authority, means land of the Post Office’s or, as the case may be, of the Authority’s of any such class as may be prescribed by regulations.

(4) Such regulations—

(a) may define a class of land by reference to any circumstances whatsoever, and

(b) in the case of the Civil Aviation Authority, may make provision for different circumstances, including prescribing different classes of land for the purposes of different provisions.

(5) In the case of a universal postal service provider or the Civil Aviation Authority, if any question arises as to whether land belonging to either of them falls within a class defined by such regulations, it shall be determined by the Secretary of State.

Cases in which land is to be treated as not being operational land.

216

(1) This section applies where an interest in land is held by statutory undertakers for the purpose of carrying on their undertaking and—

(a) the interest was acquired by them on or after 8th December 1969, or

(b) it was held by them immediately before that date but the circumstances were then such that the land did not fall to be treated as operational land for the purposes of the 1947 Act.

(2) Where this section applies in respect of any land then, notwithstanding the provisions of section 215, the land shall not be treated as operational land for the purposes of this Act unless it falls within subsection (3) or (4).

(3) Land falls within this subsection if—

(a) there is, or at some time has been, in force with respect to it a specific planning permission for its development, and

(b) that development, if carried out, would involve or have involved its use for the purpose of the carrying on of the statutory undertakers’ undertaking.

(4) Land falls within this subsection if—

(a) the statutory undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of the Transport Act 1968, the Gas Act 1986 or the Airports Act 1986 from other statutory undertakers, and

(b) immediately before transfer the land was operational land of those other undertakers.

(5) A specific planning permission for the purpose of subsection (3)(a) is a planning permission—

(a) granted on an application in that behalf made under Part III or section 242A,

(b) granted by provisions of a development order granting planning permission generally for development which has received specific parliamentary approval,

(d) deemed to be granted by virtue of a direction of a government department under section 57(1), or

(e) deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.

(6) In subsection (5)—

(a) the reference in paragraph (a) to Part III includes a reference to Part III of the 1972 Act and the enactments in force before the commencement of that Act and replaced by Part III of it,

(b) the reference in paragraph (b) to development which has received specific parliamentary approval is a reference to development authorised—

(i) by a local or private Act of Parliament or by a private Act of the Scottish Parliament,

(ii) by an order approved by both Houses of Parliament or by the Scottish Parliament, . . .

(iii) by an order which has been brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945, ;or

(iv) by an order which has been brought into operation in accordance with the provisions of the Scotland Act 1998 (Transitory and Transitional Provisions) (Orders subject to Special Parliamentary Procedure) Order 1999 or of an enactment comprised in, or contained in an instrument made under, an Act of the Scottish Parliament providing, or making provision for, the special procedure referred to in section 94(2) of the Scotland Act 1998

being an Act or order which designates specifically both the nature of the development authorised by it and the land upon which it may be carried out, and

(c) the reference in paragraph (d) to section 57(1) includes a reference to section 37 of the 1972 Act and section 32 of the 1947 Act.

(7) This section shall not apply to land in the case of which an interest of the Postmaster General’s vested in the Post Office by virtue of section 16 of the Post Office Act 1969.

(8) Where an interest in land is held by

(a) the Civil Aviation Authority;

(b) a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000; or

this section shall not apply for the purpose of determining whether the land is operational land in relation to the Authority person or company for the purposes of this Act.

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

217

Application of Part III to statutory undertakers

Applications for planning permission by statutory undertakers.

218

(1) Where—

(a) an application for planning permission to develop land to which this subsection applies is made by statutory undertakers and is referred to the Scottish Ministers under Part III, or

(b) an appeal is made to the Scottish Ministers under that Part from the decision on such an application, ...

the application or appeal shall be dealt with by the Scottish Ministers.

(2) Subsection (1) applies to—

(a) operational land, and

(b) land in which the statutory undertakers hold or propose to acquire an interest with a view to its being used for the purpose of carrying on their undertaking, where the planning permission, if granted on the application or appeal, would be for development involving the use of the land for that purpose.

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

(4) Subsection (2)(b) shall have effect in relation to the Civil Aviation Authority as if for the reference to development involving the use of land for the purpose of carrying on the Civil Aviation Authority’s undertaking there were substituted a reference to development involving the use of land for such of the purposes of carrying on that undertaking as may be prescribed.

Conditional grants of planning permission.

219

Notwithstanding anything in Part III, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring—

(a) that any buildings or works authorised by the permission shall be removed, or

(b) that any use of the land so authorised shall be discontinued,

at the end of a specified period.

Development requiring authorisation of government department.

220

(1) Scottish Ministersshall not be required under section 218(1) to deal with an application for planning permission for the development of operational land if the authorisation of a government department is required in respect of that development.

(2) Subsection (1) does not apply where the relevant authorisation has been granted without any direction as to the grant of planning permission.

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

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

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

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

(d) authority is given by the department—

(i) for the borrowing of money for the purpose of the development, or

(ii) for the application for that purpose of any money not otherwise so applicable, or

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

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

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

221

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222

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223

Extinguishment of rights of statutory undertakers, etc.

Extinguishment of rights of statutory undertakers: preliminary notices.

224

(1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—

(a) there subsists over that land a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

(b) there is on, under or over the land apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking.

(2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

(3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the statutory undertakers a notice—

(a) stating that at the end of the relevant period the right will be extinguished, or

(b) requiring that before the end of that period the apparatus shall be removed.

(4) The statutory undertakers on whom a notice is served under subsection (3) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

(a) stating that they object to all or any of the provisions of the notice, and

(b) specifying the grounds of their objection.

(5) If no counter-notice is served under subsection (4)—

(a) any right to which the notice relates shall be extinguished at the end of the relevant period, and

(b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—

(a) withdraw the notice (without prejudice to the service of a further notice), or

(b) apply to the Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

(7) If a counter-notice is served under subsection (4) on the Scottish Ministers—

(a) the Scottish Ministers may withdraw the notice (without prejudice to the service of a further notice), or

(b) the Scottish Ministers may make an order under this section embodying the provisions of the notice, with or without modification.

(8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.

Extinguishment of rights of telecommunications code system operators: preliminary notices.

225

(1) This section applies where any land has been acquired by a Minister, a planning authority or statutory undertakers under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or compulsorily under any other enactment or has been appropriated by a planning authority for planning purposes, and—

(a) there subsists over that land a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, being a right of way or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, or

(b) there is on, under or over the land electronic communications apparatus kept installed for the purposes of any such network.

(2) For the purposes of this section the relevant period, in relation to a notice served in respect of any right or apparatus, is the period of 28 days from the date of service of the notice or such longer period as may be specified in it in relation to that right or apparatus.

(3) If the acquiring or appropriating authority is satisfied that the extinguishment of the right or, as the case may be, the removal of the apparatus is necessary for the purpose of carrying out any development with a view to which the land was acquired or appropriated, they may serve on the operator of the electronic communications code network a notice—

(a) stating that at the end of the relevant period the right will be extinguished, or

(b) requiring that before the end of that period the apparatus shall be removed.

(4) The operator of the electronic communications code network on whom a notice is served under subsection (2) may, before the end of the period of 28 days from the date of service of the notice, serve a counter-notice on the acquiring or appropriating authority—

(a) stating that he objects to all or any of the provisions of the notice, and

(b) specifying the grounds of his objection.

(5) If no counter-notice is served under subsection (4)—

(a) any right to which the notice relates shall be extinguished at the end of the relevant period, and

(b) if at the end of that period any requirement of the notice as to the removal of any apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

(6) If a counter-notice is served under subsection (4) on a planning authority or on statutory undertakers, the authority or undertakers may either—

(a) withdraw the notice (without prejudice to the service of a further notice), or

(b) apply to the Scottish Ministers for an order under this section embodying the provisions of the notice, with or without modification.

(7) If a counter-notice is served under subsection (4) on the Scottish Ministers—

(a) they may withdraw the notice (without prejudice to the service of a further notice), or

(b) theymay make an order under this section embodying the provisions of the notice, with or without modification.

(8) In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 201(1) as if this section were in Part VIII.

Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

226

(1) Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 224(1) or 225(1) and—

(a) there is on, under or over the land any apparatus vested in or belonging to statutory undertakers, and

(b) the undertakers claim that development to be carried out on the land is such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of the apparatus affected by the development,

the undertakers may serve on the acquiring or appropriating authority a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.

(2) No notice under this section shall be served later than 21 days after the beginning of the development of land which has been acquired or appropriated as mentioned in section 224(1) or, as the case may be, 225(1).

(3) Where a notice is served under this section, the authority on whom it is served may, before the end of the period of 28 days from the date of service, serve on the statutory undertakers a counter-notice—

(a) stating that they object to all or any of the provisions of the notice, and

(b) specifying the grounds of their objection.

(4) If no counter-notice is served under subsection (3), the statutory undertakers shall, after the end of that period, have the rights claimed in their notice.

(5) If a counter-notice is served under subsection (3), the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Scottish Ministers for an order under this section conferring on the undertakers the rights claimed in the notice or such modified rights as the Secretary of State and the appropriate Minister think it expedient to confer on them.

(6) Where, by virtue of this section or of an order of the Scottish Ministers under it, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the acquiring or appropriating authority for the works to be carried out by that authority, under the superintendence of the undertakers, instead of by the undertakers themselves.

(7) In subsection (1)(a), the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to electronic communications apparatus kept installed for the purposes of an electronic communications code network.

(8) For the purposes of subsection (7), in this section—

(a) references (except in subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such network, and

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

Orders under sections 224 and 225.

227

(1) Where the Scottish Ministers propose to make an order under section 224(7) or 225(7), they shall prepare a draft of the order.

(2) Before making an order under subsection (6) or (7) of section 224, or under subsection (6) or (7) of section 225, the Scottish Ministersshall give the statutory undertakers or, as the case may be, the operator of the electronic communications code network on whom notice was served under subsection (3) of section 224 or, as the case may be, under subsection (3) of section 225 an opportunity of objecting to the application for, or proposal to make, the order.

(3) If any such objection is made, before making the order the Ministers shall cause an inquiry to be held and shall give those statutory undertakers or, as the case may be, that operator (and, in a case falling within subsection (6) of either of those sections, the planning authority or statutory undertakers on whom the counter-notice was served) an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Scottish Ministers .

(4) After complying with subsections (2) and (3) the Ministers may, if they think fit, make the order in accordance with the application or, as the case may be, in accordance with the draft order, either with or without modification.

(5) Where an order is made under section 224 or 225—

(a) any right to which the order relates shall be extinguished at the end of the period specified in that behalf in the order, and

(b) if, at the end of the period so specified in relation to any apparatus, any requirement of the order as to the removal of the apparatus has not been complied with, the acquiring or appropriating authority may remove the apparatus and dispose of it in any way the authority may think fit.

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

Extension or modification of statutory undertakers’ functions

Extension or modification of functions of statutory undertakers.

228

(1) The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Scottish Ministers to be expedient that the powers and duties of those undertakers should be extended or modified, in order—

(a) to secure the provision of services which would not otherwise be provided, or satisfactorily provided, for any purpose in connection with which a planning authority or the Scottish Ministers may be authorised under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which any such person may compulsorily acquire land under any other enactment, or

(b) to facilitate an adjustment of the carrying on of the undertaking necessitated by any of the acts and events mentioned in subsection (2).

(2) Those acts and events are—

(a) the acquisition under Part VIII or that Chapter or compulsorily under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers in question;

(b) the extinguishment of a right or the imposition of any requirement by virtue of section 224 or 225;

(c) a decision on an application made by the statutory undertakers for planning permission to develop any such land as is mentioned in paragraph (a);

(d) the revocation or modification of planning permission granted on any such application;

(e) the making of an order under section 71 or paragraph 1 of Schedule 8 in relation to any such land.

(3) The powers conferred by this section shall also be exercisable where, on a representation made by a planning authority , it appears to the Scottish Ministers to be expedient that the powers and duties of statutory undertakers should be extended or modified in order to secure the provision of new services, or the extension of existing services, for any purpose in connection with which the planning authority . . . making the representation may be authorised under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to acquire land or in connection with which the local authority . . . may compulsorily acquire land under any other enactment.

(4) Where the powers conferred by this section are exercisable, the Scottish Ministers may, if they think fit, by order provide for such extension or modification of the powers and duties of the statutory undertakers as appears to them to be requisite in order—

(a) to secure the services in question, as mentioned in subsection (1)(a) or (3), or

(b) to secure the adjustment in question, as mentioned in subsection (1)(b),

as the case may be.

(5) Without prejudice to the generality of subsection (4), an order under this section may make provision—

(a) for empowering the statutory undertakers—

(i) to acquire (whether compulsorily or by agreement) any land specified in the order, and

(ii) to erect or construct any buildings or works so specified;

(b) for applying in relation to the acquisition of any such land or the construction of any such works enactments relating to the acquisition of land and the construction of works;

(c) where it has been represented that the making of the order is expedient for the purposes mentioned in subsection (1)(a) or (3), for giving effect to such financial arrangements between the planning authority . . . and the statutory undertakers as they may agree, or as, in default of agreement, may be determined to be equitable in such manner and by such tribunal as may be specified in the order;

(d) for such incidental and supplemental matters as appear to the Scottish Ministers to be expedient for the purposes of the order.

(6) Orders under this section shall be subject to special parliamentary procedure.

Procedure in relation to orders under section 228.

229

(1) As soon as possible after making such a representation as is mentioned in section 228(1) or (3) the statutory undertakers, the planning authority . . . making the representation shall publish notice of the representation.

(2) A notice under subsection (1)—

(a) shall be published in such form and manner as the Scottish Ministersmay direct,

(b) shall give such particulars as they may direct of the matters to which the representation relates, and

(c) shall specify the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made.

(3) A similar notice shall be served—

(a) on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and

(b) if directed by the Scottish Ministers, on such persons, or persons of such classes, as may be so directed.

Relief of statutory undertakers from obligations rendered impracticable.

230

(1) Where, on a representation made by statutory undertakers, the appropriate Minister is satisfied that the fulfilment of any obligation incurred by those undertakers in connection with the carrying on of their undertaking has been rendered impracticable by an act or event to which this subsection applies, Scottish Ministers, if they think fit, by order direct that the statutory undertakers shall be relieved of the fulfilment of that obligation, either absolutely or to such extent as may be specified in the order.

(2) Subsection (1) applies to the following acts and events—

(a) the compulsory acquisition under Part VIII or under Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 or under any other enactment of any land in which an interest was held, or which was used, for the purpose of the carrying on of the undertaking of the statutory undertakers, and

(b) the acts and events specified in section 228(2)(b) to (e).

(3) The Scottish Ministersmay direct statutory undertakers who have made a representation to them under subsection (1) to publicise it in either or both of the following ways—

(a) by publishing in such form and manner as they may direct a notice, giving such particulars as he may direct of the matters to which the representation relates and specifying the time within which (being not less than 28 days), and the manner in which, objections to the making of an order on the representation may be made;

(b) by serving such a notice on such persons, or persons of such classes, as they may direct.

(4) The statutory undertakers shall comply with any direction given to them under subsection (3) as soon as practicable after the making of the representation under subsection (1).

(5) If any objection to the making of an order under this section is duly made and is not withdrawn before the order is made, the order shall be subject to special parliamentary procedure.

(6) Immediately after an order is made under this section by the Scottish Ministers, they shall—

(a) publish a notice stating that the order has been made and naming a place where a copy of it may be seen at all reasonable hours, and

(b) serve a similar notice—

(i) on any person who duly made an objection to the order and has sent to the Scottish Ministers a request in writing to serve them with the notice required by this subsection, specifying an address for service, and

(ii) on such other persons (if any) as the Scottish Ministers think fit.

(7) Subject to subsection (8), and to the provisions of Part XI, an order under this section shall become operative on the date on which the notice required by subsection (6) is first published.

(8) Where in accordance with subsection (5) the order is subject to special parliamentary procedure, subsection (7) shall not apply.

Objections to orders under sections 228 and 230.

231

(1) For the purposes of sections 228 and 230, an objection to the making of an order shall not be treated as duly made unless—

(a) the objection is made within the time and in the manner specified in the notice required by section 229 or, as the case may be, section 230, and

(b) a statement in writing of the grounds of the objection is comprised in or submitted with the objection.

(2) Where an objection to the making of such an order is duly made in accordance with subsection (1) and is not withdrawn, the following provisions of this section shall have effect in relation to it.

(3) Unless the Scottish Ministers decides without regard to the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, before they makes a final decision they—

(a) shall consider the grounds of the objection as set out in the statement, and

(b) may, if theythink fit, require the objector to submit within a specified period a further statement in writing as to any of the matters to which the objection relates.

(4) In so far as the Scottish Ministers, after considering the grounds of the objection as set out in the original statement and in any such further statement, is satisfied that the objection relates to a matter which can be dealt with in the assessment of compensation, the Scottish Ministers may treat the objection as irrelevant for the purpose of making a final decision.

(5) If—

(a) after considering the grounds of the objection as so set out, the Scottish Ministers is satisfied that, for the purpose of making a final decision, they is sufficiently informed as to the matters to which the objection relates, or

(b) in a case where a further statement has been required, it is not submitted within the specified period,

the Scottish Ministers may make a final decision without further investigation as to those matters.

(6) Subject to subsections (4) and (5), before making a final decision the Scottish Ministers shall give the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the Scottish Ministers

(7) If the objector takes that opportunity, the Scottish Ministers shall give an opportunity of appearing and being heard on the same occasion to the statutory undertakers, planning authority . . . on whose representation the order is proposed to be made, and to any other persons to whom it appears to them to be expedient to give such an opportunity.

(8) Notwithstanding anything in the previous provisions of this section, if it appears to the Scottish Ministers that the matters to which the objection relates are such as to require investigation by public local inquiry before they makes a final decision, he shall cause such an inquiry to be held.

(9) Where the Scottish Ministers determines to cause such an inquiry to be held, any of the requirements of subsections (3) to (7) to which effect has not been given at the time of that determination shall be dispensed with.

(10) In this section any reference to making a final decision in relation to an order is a reference to deciding whether to make the order or what modification (if any) ought to be made.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation

Right to compensation in respect of certain decisions and orders.

232

(1) Statutory undertakers shall, subject to the following provisions of this Part, be entitled to compensation from the planning authority—

(a) in respect of any decision made in accordance with section 218 by which planning permission to develop operational land of those undertakers is refused or is granted subject to conditions where—

(i) planning permission for that development would have been granted by a development order but for a direction given under such an order that planning permission so granted should not apply to the development, and

(ii) it is not development which has received specific parliamentary approval (within the meaning of section 216(6)(b));

(b) in respect of any order under section 65, as modified by section 221, by which planning permission which was granted on the application of those undertakers for the development of any such land is revoked or modified.

(2) Where by virtue of section 224—

(a) any right vested in or belonging to statutory undertakers is extinguished, or

(b) any requirement is imposed on statutory undertakers,

those undertakers shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

(3) Where by virtue of section 225—

(a) any right vested in or belonging to an operator of an electronic communications code network is extinguished, or

(b) any requirement is imposed on such an operator,

the operator shall be entitled to compensation from the acquiring or appropriating authority at whose instance the right was extinguished or the requirement imposed.

(4) Where—

(a) works are carried out for the removal or resiting of statutory undertakers’ apparatus, and

(b) the undertakers have the right to carry out those works by virtue of section 226 or an order of the Scottish Ministers under that section,

the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

(5) Subsection (1) shall not apply in respect of a decision or order if—

(a) it relates to land acquired by the statutory undertakers after 7th January 1947, and

(b) the Scottish Ministers include in the decision or order a direction that subsection (1) shall not apply to it.

(6) The Scottish Ministers may give a direction under subsection (5) only if they are satisfied, having regard to the nature, situation and existing development of the land and of any neighbouring land, and to any other material considerations, that it is unreasonable that compensation should be recovered in respect of the decision or order in question.

(7) For the purposes of this section the conditions referred to in sections 58 and 59 shall be disregarded.

Measure of compensation to statutory undertakers etc.

233

(1) Where—

(a) statutory undertakers are entitled to compensation—

(i) as mentioned in subsection (1), (2) or (4) of section 232,

(ii) under the provisions of section 83 in respect of an order made under section 71 or paragraph 1, 3, 5 or 6 of Schedule 8 as modified by section 222, or

(iii) in respect of a compulsory acquisition of land which has been acquired by those undertakers for the purposes of their undertaking, where the first-mentioned acquisition is effected under a compulsory purchase order confirmed or made without the Scottish Ministers’ certificate, or

(b) the operator of an electronic communications code network is entitled to compensation as mentioned in section 232(3),

the amount of the compensation shall (subject to section 234) be an amount calculated in accordance with this section.

(2) Subject to subsections (4) to (6), that amount shall be the aggregate of—

(a) the amount of any expenditure reasonably incurred in acquiring land, providing apparatus, erecting buildings or doing work for the purpose of any adjustment of the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network rendered necessary by the proceeding giving rise to compensation (a “business adjustment”),

(b) the appropriate amount for loss of profits, and

(c) where the compensation is under section 232(2) or (3) and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers or, as the case may be, the operator in complying with the requirement, reduced by the value after removal of the apparatus removed.

(3) In subsection (2) “the appropriate amount for loss of profits” means—

(a) where a business adjustment is made, the aggregate of—

(i) the estimated amount of any decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, and

(ii) such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

(b) where no business adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking or, as the case may be, the provision of the electronic communications code network which is directly attributable to the proceeding giving rise to compensation.

(4) Where a business adjustment is made, the aggregate amount mentioned in subsection (2) shall be reduced by such amount (if any) as appears to the tribunal referred to in section 235(2) to be appropriate to offset—

(a) the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers or the operator and used for the carrying on of their undertaking or, as the case may be, the provision of the electronic communications code network which in consequence of the adjustment ceases to be so used, in so far as the value of the property has not been taken into account under paragraph (c) of that subsection, and

(b) the estimated amount of any increase in net receipts from the carrying on of the undertaking or the provision of the electronic communications code network in the period after the adjustment has been completed, in so far as that amount has not been taken into account in determining the amount mentioned in paragraph (b) of that subsection and is directly attributable to the adjustment.

(5) Where a business adjustment is made the aggregate amount mentioned in subsection (2) shall be further reduced by any amount which appears to that tribunal to be appropriate, having regard to any increase in the capital value of heritable property belonging to the statutory undertakers or the operator which is directly attributable to the adjustment, allowance being made for any reduction made under subsection (4)(b).

(6) Where—

(a) the compensation is under section 232(4), and

(b) the acquiring or appropriating authority carry out the works,

then, in addition to any reduction falling to be made under subsection (4) or (5), the aggregate amount mentioned in subsection (2) shall be reduced by the actual cost to the authority of carrying out the works.

(7) References in this section to a decrease in net receipts shall be construed as references—

(a) to the amount by which a balance of receipts over expenditure is decreased,

(b) to the amount by which a balance of expenditure over receipts is increased, or

(c) where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, to the aggregate of the two balances,

and references to an increase in net receipts shall be construed accordingly.

(8) In this section—

“proceeding giving rise to compensation” means—except in relation to compensation under section 232(4), the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken, andin relation to compensation under section 232(4), the circumstances making it necessary for the apparatus in question to be removed or resited; and

“Scottish Ministers’certificate” means such a certificate as is mentioned in paragraph 10 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Exclusion of section 233 at option of statutory undertakers.

234

(1) Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 233(1)(c), the statutory undertakers may by notice in writing under this section elect that the compensation shall be ascertained in accordance with the enactments (other than rule (5) of the rules set out in section 12 of the Land Compensation (Scotland) Act 1963) which would be applicable apart from section 233.

(2) If the statutory undertakers so elect the compensation shall be ascertained accordingly.

(3) An election under this section may be made either in respect of the whole of the land comprised in the compulsory acquisition in question or in respect of part of that land.

(4) Any notice under this section shall be given to the acquiring authority before the end of the period of 2 months from the date of service of notice to treat in respect of the interest of the statutory undertakers.

Procedure for assessing compensation.

235

(1) Where the amount of any such compensation as is mentioned in subsection (1) of section 233 falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the tribunal mentioned in subsection (2) below, if apart from this section it would not fall to be so assessed.

(2) The tribunal referred to in subsection (1) above shall consist of 4 persons, namely—

(a) an advocate or solicitor of not less than 7 years’ standing, appointed by the Lord President of the Court of Session to act as chairman,

(b) two persons appointed by the Scottish Ministers’ certificate as persons having special knowledge and experience of the valuation of land and of civil engineering respectively, and

(c) for each claim coming before the tribunal, a person selected by the Scottish Ministers, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by those Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.

(3) The Treasury may pay out of money provided by Parliament to the members of the tribunal such remuneration (whether by way of salaries or by way of fees), and such allowances, as the Treasury may determine.

(4) For the purposes of any proceedings arising before the tribunal in respect of compensation falling to be ascertained as mentioned in subsection (1), sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply as they apply to proceedings on a question referred to the Lands Tribunal under section 8 of that Act, but with the substitution, in section 11, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Special provisions as to display of advertisements on operational land.

236

Sections 218 to 222 and 232(1), (5) and (6) do not apply in relation to the display of advertisements on operational land of statutory undertakers.

Part XI — Validity

Validity of development plans and certain orders, decisions and directions.

237

(1) Except as provided by this Part, the validity of—

(za) the National Planning Framework and any revised framework or amendment to it, whether before or after the framework, revised framework or amended framework is published,

(a) a ... local development plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted,

(b) a simplified planning zone scheme or any alteration of any such scheme, whether before or after the adoption or approval of the scheme or alteration,

(ba) a masterplan consent area scheme or any alteration of such a scheme,

(d) an order under section 230, whether before or after the order has been made,

(e) any such order as is mentioned in subsection (2), whether before or after it has been confirmed, or

(f) any such action on the part of the Secretary of State as is mentioned in subsection (3) or on the part of a planning authority as is mentioned in subsection (3A),

shall not be questioned in any legal proceedings whatsoever.

(2) The orders referred to in subsection (1)(e) are—

(a) any order under section 65 or under the provisions of that section as applied by or under any other provision of this Act;

(b) any order under section 71 or under the provisions of that section as applied by or under any other provisions of this Act;

(d) any order made in pursuance of section 183(4);

(e) any order under paragraph 1, 3, 5 or 6 of Schedule 8.

(3) The action referred to in subsection (1)(f) is action on the part of the Secretary of State of any of the following descriptions—

(za) any decision on an application under section 31A;

(a) any decision on an application referred to him under section 46;

(b) any decision on an appeal under section 47;

(ba) any decision to give a direction under section 57(2) or (2ZA);

(ca) any determination on an appeal under section 75B or 75F;

(d) any decision on an appeal under section 130;

(e) any decision to confirm or not to confirm a purchase notice including—

(i) any decision not to confirm such a notice in respect of part of the land to which it relates, or

(ii) any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;

(f) any decision on an appeal under section 154 against the refusal or partial refusal of an application for a certificate under section 150 or 151;

(fa) any decision on an appeal under section 169;

(g) any decision on an appeal under section 180 against a notice under section 179;

(h) any decision relating—

(i) to an application for consent under a tree preservation order,

(ii) to an application for consent under any regulations made under section 182 or 183, or

(iii) to any certificate or direction under any such order or regulations, whether it is a decision on appeal or a decision on an application referred to the Secretary of State for determination in the first instance.

(i) any decision on an application for planning permission under section 242A.

(3A) The action on the part of a planning authority is any decision or determination (other than a deemed decision) in a review conducted by them by virtue of section 43A(8).

(4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) or on the part of a planning authority to take any such action as is mentioned in subsection (3A).

Proceedings for questioning validity of development plans and certain schemes and orders.

238

(A1) If any person aggrieved by the National Planning Framework desires to question the validity of the framework on the ground—

(a) that it is not within the powers conferred by Part 1A, or

(b) that any requirement of that Part or of any regulations made under that Part has not been complied with,

the person may make an application to the Court of Session under this section.

(1) If any person aggrieved by a ... local development plan desires to question the validity of the plan on the ground—

(a) that it is not within the powers conferred by Part II, or

(b) that any relevant requirement of that Part or of any regulations made under that Part has not been complied with,

he may make an application to the Court of Session under this section.

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

(a) may by interim order wholly or in part suspend the operation of the plan ..., 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 ... is wholly or to any extent outside the powers conferred by Part II, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of that Part or of any regulations made under it, may wholly or in part quash the plan ... either generally or in so far as it affects any property of the applicant.

(3) Subsections (1) and (2) shall apply, subject to any necessary modifications, to any of the following as they apply to any plan ... there mentioned—

(a) a simplified planning zone scheme or an alteration of such a scheme,

(b) a masterplan consent area scheme or an alteration of such a scheme,

(4) An application under this section must be made within 6 weeks from the relevant date.

(5) For the purposes of subsection (4) the relevant date is—

(za) in the case of an application in respect of the National Planning Framework—

(i) the date of its publication under section 3CA(7), or

(ii) where the grounds of the application arise from an amendment to the National Planning Framework, the date on which the amendment took effect,

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

(aa) in the case of an application in respect of a local development plan,

(i) the date of its publication under section 20A(1)(b) , or

(ii) where the grounds of the application arise from an amendment to the local development plan, the date on which the amendment took effect,

(b) in the case of an application by virtue of subsection (3) in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 12 of Schedule 5;

(ba) in the case of an application by virtue of subsection (3) in respect of a masterplan consent area scheme or an alteration of such a scheme, the date that notice is first published (in accordance with regulations under paragraph 22 of schedule 5A) that the scheme has been made or (as the case may be) altered,

(c) in the case of an application by virtue of subsection (3) in respect of an order under section 202 or 206(1)(a), the date on which the notice required by paragraph 1(7) of Schedule 16 is first published;

(d) in the case of an application by virtue of subsection (3) in respect of an order under section 203, 206(1)(b), 207 or 208, the date on which the notice required by paragraph 11 of Schedule 16 is first published in accordance with that paragraph; and

(e) in the case of an application by virtue of subsection (3) in respect of an order under section 230, the date on which the notice required by subsection (6) of that section is first published;

but subject, in the case of those orders made under sections 202, 203 and 230, to section 241.

(6) In their application to simplified planning zone schemes and their alteration, subsections (1) and (2) shall have effect as if they referred to Part III instead of Part II.

(7) In their application to masterplan consent area schemes and their alteration, subsections (1) and (2) have effect as if, instead of Part II, they referred to Part III and schedule 5A.

Proceedings for questioning the validity of other orders, decisions and directions.

239

(1) If any person—

(a) is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds—

(i) that the order is not within the powers of this Act, or

(ii) that any of the relevant requirements have not been complied with in relation to that order, or

(b) is aggrieved by any action on the part of the Secretary of State , or on the part of a planning authority, to which this section applies and wishes to question the validity of that action on the grounds—

(i) that the action is not within the powers of this Act, or

(ii) that any of the relevant requirements have not been complied with in relation to that action,

he may make an application to the Court of Session under this section.

(2) Without prejudice to subsection (1), if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, wish to question the validity of that order or action on any of the grounds mentioned in subsection (1), the authority may make an application to the Court of Session under this section.

(3) An application under this section must be made within 6 weeks from the date on which the order is confirmed (or, in the case of an order under section 65 which takes effect under section 67 without confirmation, the date on which it takes effect) or, as the case may be, the date on which the action is taken.

(4) This section applies to any such order as is mentioned in subsection (2) of section 237 and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of that section or on the part of a planning authority as is mentioned in subsection (3A) of that section.

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

(a) may, subject to subsection (6), by interim order suspend the operation of the order or action in question until the final determination of the proceedings;

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

(6) Paragraph (a) of subsection (5) shall not apply to applications questioning the validity of tree preservation orders.

(7) In relation to a tree preservation order, or to an order made in pursuance of section 183(4), the powers conferred on the Court of Session by subsection (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.

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

(9) In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under this Act or under that Act which are applicable to that order or action.

(10) Any reference in this section to the authority directly concerned with any order or action to which this section applies—

(a) in relation to any such decision as is mentioned in section 237(3)(e), where the Secretary of State confirms the notice in question, wholly or in part, with the substitution of another local authority or statutory undertakers for the planning authority, includes a reference to that local authority or those statutory undertakers;

(b) in any other case, is a reference to the planning authority.

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

240

Special provisions as to orders subject to special parliamentary procedure.

241

(1) Where an order under section 202, 203 or 230 is subject to special parliamentary procedure, then—

(a) if the order is confirmed by Act of Parliament under section 2(4), as read with section 10, of the Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, sections 237 and 238 shall not apply to the order,

(b) in any other case, section 238 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under that Act (“the operative date”).

(2) Where by virtue of Part X any such action as is mentioned in section 240 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—

(a) if the order in which the action is embodied is confirmed by Act of Parliament under that Act of 1945, sections 237 and 239 shall not apply, and

(b) in any other case, the provisions of section 239 shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the operative date.

Part XII — Crown Land

Preliminary

Application to the Crown

241A

(1) This Act binds the Crown.

(2) But subsection (1) is subject to express provision made by this Part.

Preliminary definitions.

242

(1) In this Part—

“Crown land” means land in which there is a Crown interest;

“ Crown interest ” means any of the following— an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,such other interest as the Scottish Ministers specify by order;

“private interest” means interest which is not a Crown interest.

(2) For the purposes of this Part “the appropriate authority”, in relation to any land—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;

(b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land or the relevant person ; and

(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;

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

(2ZA) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.

(2A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.

(3) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

(3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

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

(5) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.

(6) But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.

Application of Act as respects Crown land

Urgent Crown development: application

242A

(1) This section applies to a development if the appropriate authority certifies—

(a) that the development is of national importance, and

(b) that it is necessary that the development is carried out as a matter of urgency.

(2) The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section.

(3) If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice—

(a) describing the proposed development, and

(b) stating that the authority proposes to make the application to the Scottish Ministers.

(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers—

(a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40,

(b) a statement of the authority’s grounds for making the application.

(5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply.

(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.

(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

(8) The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.

(9) The Scottish Ministers must consult—

(a) the planning authority, and

(b) such other persons as may be so specified,

about the application.

(10) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act.

(11) Subsections (4) and (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.

Control of development on Crown land: special enforcement notices.

243

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

Supplementary provisions as to special enforcement notices.

244

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

Exercise of powers in relation to Crown land.

245

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

Enforcement in relation to the Crown

245A

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.

(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

(5) A step taken for the purposes of enforcement includes—

(a) entering land,

(b) initiating proceedings,

(6) A step taken for the purposes of enforcement does not include—

(a) service of a notice,

(b) the making of an order (other than a court order).

References to an interest in land

245B

(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.

(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

(3) An interest in land includes an interest only as occupier of the land.

Agreements relating to Crown land.

246

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

Supplementary provisions as to Crown interest.

247

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

Applications for planning permission by Crown

247A

(1) This section applies to an application for planning permission or for a certificate under section 151 made by or on behalf of the Crown.

(2) The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

(3) A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).

Provisions relating to anticipated disposal of Crown land

Application for planning permission etc. in anticipation of disposal of Crown land.

248

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

Tree preservation orders in anticipation of disposal of Crown land.

249

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

Requirement of planning permission for continuance of use instituted by the Crown.

250

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

Enforcement in respect of war-time breaches of planning control by the Crown

Enforcement in respect of war-time breaches of planning control by the Crown.

251

(1) This section applies where during the war period—

(a) works not complying with planning control were carried out on land, or

(b) a use of land not complying with planning control was begun by or on behalf of the Crown.

(2) Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—

(a) that the works were carried out or the land used by or on behalf of the Crown, or

(b) the subsistence in the land of any interest of the landlord in a lease held by or on behalf of the Crown.

(3) A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—

(a) whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and

(b) if so, whether the works or use should be deemed to comply with that control.

(4) Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.

(5) Schedule 17 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).

(6) In this section and that Schedule—

“authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section 72 of the 1947 Act or of paragraph 28 of Schedule 22 to the 1972 Act (including that paragraph as it continues in effect by virtue of paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) (Scotland) Act 1997) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;

“the relevant date”, in relation to any land, means the date with which the period of 5 years from the end of the war period ends, but for the purposes of this definition any time during which, notwithstanding subsection (2), planning control is unenforceable by reason of the subsistence in or over the land of any interest or right to possession held by or on behalf of the Crown shall be disregarded;

“owner” includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and “owned” shall be construed accordingly;

“permanent or long-term interest”, in relation to any land, means the interest of the proprietor of the dominium utile or, in the case of land other than feudal land, of the owner, a tenancy of the land granted for a term of more than 10 years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of 10 years from the beginning of the term, or a tenancy granted for a term of 10 years or less with a right of renewal which would enable the tenant to prolong the term of the tenancy beyond 10 years;

“tenancy” includes a tenancy under a sub-lease and a tenancy under an agreement for a lease or sub-lease, but does not include an option to take a tenancy and does not include a mortgage;

“war period” means the period extending from 3rd September 1939 to 26th March 1946; and

“works” includes any building, structure, excavation or other work on land.

(7) References in this section and that Schedule to non-compliance with planning control mean—

(a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning (Scotland) Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order, and

(b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme,

and references in this Act to compliance with planning control shall be construed accordingly.

(8) References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 72 of the 1947 Act or by paragraph 28 of Schedule 22 to the 1972 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) (Scotland) Act 1997).

National performance monitoring

National planning improvement co-ordinator

251B

(1) The Scottish Ministers may appoint a person (“the co-ordinator”) to—

(a) monitor the performance by planning authorities of their functions, and

(b) provide advice to planning authorities, and to such other persons as the co-ordinator considers appropriate, in relation to what steps might be taken by planning authorities or such other persons to improve the performance of their functions.

(2) The Scottish Ministers may by regulations make further provision about the appointment and functions of the co-ordinator.

Part XIII — Financial Provisions

Fees for planning applications etc.

252

(1) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to a planning authority in respect of—

(a) the performance by the planning authority of any of the authority's functions,

(b) anything done by the authority which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(c) the performance by a person appointed by virtue of a scheme of delegation under section 43A of the person's functions.

(1ZA) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to the Scottish Ministers in respect of—

(a) the performance by the Scottish Ministers of any of their functions under the planning Acts or any order or regulations made under them,

(b) anything done by the Scottish Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,

(c) the performance by a person appointed by the Scottish Ministers under paragraph 1 of schedule 4 of the person's functions.

(1A) Regulations under subsections (1) and (1ZA) may (any or all)—

(a) specify the person by whom the charge or fee is to be paid,

(b) make provision as to how the charge or fee is to be calculated (including conferring on a planning authority the power to determine how it is to be calculated),

(d) make different provision for different classes of case,

(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) provide that a planning authority or the Scottish Ministers may waive or reduce the charge or fee,

(ea) specify circumstances in which a planning authority or the Scottish Ministers are or are not to waive or reduce the charge or fee,

(f) specify circumstances in which the charge or fee is to be transferred from one planning authority to another.

(1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1AC) Regulations under subsection (1) may not make provision for the charge or fee payable to different planning authorities to be of different amounts on the basis of whether the functions of the authority are not being, or have not been, performed satisfactorily.

(1B) Without prejudice to the generality of paragraph (d) of subsection (1A), in relation to applications for planning permission, different provision may be made under that paragraph according to whether an application is made before or after the carrying out of the development to which it relates.

(1C) The power to make provision such as mentioned in subsection (1A)(e) and (ea) includes the power to specify the steps a planning authority are to take before or after waiving or reducing the charge or fee.

(1D) Regulations under subsections (1) and (1ZA) may provide for a surcharge to be imposed in relation to an application for planning permission made after the carrying out of the development to which it relates but those regulations may not provide for the imposition of a surcharge greater than the fee that would be payable otherwise in relation to the application.

(1E) Without prejudice to the generality of paragraphs (e) and (ea) of subsection (1A), in relation to applications for planning permission, provision may be made under those paragraphs for fees and charges to be waived where the application is for a development that, in the opinion of the planning authority—

(a) has the primary purpose of contributing to a social enterprise or not for profit enterprise,

(b) is likely to contribute to improving the health of residents of the area to which the application relates.

(1F) For the purposes of subsection (1E)—

“not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society,

“social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—generates most of its income through business or trade,reinvests most of its profits in its social objects,is independent of any public authority, andis owned, controlled and managed in a way that is consistent with its social objects.

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

(3) Regulations under—

(a) subsections (1) and (1ZA), may provide for the remission or refunding of a prescribed charge or fee,

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

(in whole or in part) in prescribed circumstances.

(4) Without prejudice to the generality of subsection (3), circumstances prescribed under that subsection may include those where the Scottish Ministers consider (or a person appointed by them under or by virtue of this Act considers) that in the performance or actings in respect of which the charge or fee is payable—

(a) the planning authority have behaved unreasonably, or

(b) there has been unreasonable delay.

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

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

(7) Where a charge or fee is calculated in pursuance of regulations under subsection (1A) or (1ZA), the planning authority or, as the case may be, the Scottish Ministers must secure that, taking one financial year with another, the income from the fee or charge does not exceed the cost of the performance of the function or, as the case may be, of the doing of the thing.

(8) A financial year is a period of 12 months beginning with 1 April.

(9) Subsection (7) does not apply in relation to surcharges imposed by virtue of subsection (1D).

Grants for research and education.

253

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

Grants for advice and assistance

253A

(1) The Scottish Ministers may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the planning Acts or the Planning etc. (Scotland) Act 2006 (asp 17).

(2) The Scottish Ministers may, as respects any such grant, provide that it is to be subject to such terms and conditions as they think appropriate.

Contributions by Ministers towards compensation paid by planning authorities.

254

(1) Where—

(a) compensation is payable by a planning authority under this Act in consequence of any decision or order to which this section applies, and

(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2) This section applies to any decision or order given or made under Part III,section 242A, the provisions of Part V relating to purchase notices, Part VI, Part VII or Schedule 3 or 4 or Part I of Schedule 8.

Contributions by local authorities and statutory undertakers.

255

(1) Without prejudice to section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road) any local authority may contribute towards any expenses incurred by a local roads authority or the Secretary of State—

(a) in the acquisition of land under Part VIII of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997,

(b) in the construction or improvement of roads on land so acquired, or

(c) in connection with any development required in the interests of the proper planning of the area of the local authority.

(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a planning authority in or in connection with—

(a) the preparation of ... a local development plan or the alteration, repeal or replacement of such a plan under Part II;

(b) the performance of any of their functions under Part III, the provisions of Part V relating to purchase notices, Part VI (except sections 156 and 157, Part VII (except section 168), Part VIII or Schedule 3 or 8.

(3) In the application of subsection (2) to a local authority, “planning authority” means a planning authority other than that local authority.

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

256

(1) A local authority may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 102 specifying the grounds mentioned in subsection (4)(d) of that section as, or as one of, the grounds of objection.

(2) No advance may be made under subsection (1) in the case of a hereditament if its annual value exceeds such amount as may be prescribed for the purposes of section 100(3)(a).

Recovery from acquiring authorities of sums paid by way of compensation.

257

(1) This section applies where—

(a) an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and

(b) a notice is recorded or registered under section 79(1) in respect of any of the land acquired or sold (whether before or after the completion of the acquisition or sale) in consequence of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.

(2) Where this section applies the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 79(2)) is to be treated as attributable to that land.

(3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land acquired or sold to which a person other than the acquiring authority is entitled, the sum referred to in subsection (2) shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.

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

(5) In this section “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.

Sums recoverable from acquiring authorities reckonable for purposes of grant.

258

Where—

(a) a sum is recoverable from any authority under section 257 by reference to an acquisition or purchase of an interest in land, and

(b) a grant became or becomes payable to that or some other authority under an enactment in respect of that acquisition or purchase or of a subsequent appropriation of the land,

the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.

Financial provision.

259

(1) There shall be paid out of money provided by Parliament—

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Town and Country Planning (Scotland) Act 1997

Meaning of “operational land”.

215

Cases in which land is to be treated as not being operational land.

216

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

217

Application of Part III to statutory undertakers

Applications for planning permission by statutory undertakers.

218

Conditional grants of planning permission.

219

Development requiring authorisation of government department.

220

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

221

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

222

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

223

Extinguishment of rights of statutory undertakers, etc.

Extinguishment of rights of statutory undertakers: preliminary notices.

224

Extinguishment of rights of telecommunications code system operators: preliminary notices.

225

Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

226

Orders under sections 224 and 225.

227

Extension or modification of statutory undertakers’ functions

Extension or modification of functions of statutory undertakers.

228

Procedure in relation to orders under section 228.

229

Relief of statutory undertakers from obligations rendered impracticable.

230

Objections to orders under sections 228 and 230.

231

Compensation

Right to compensation in respect of certain decisions and orders.

232

Measure of compensation to statutory undertakers etc.

233

Exclusion of section 233 at option of statutory undertakers.

234

Procedure for assessing compensation.

235

Advertisements

Special provisions as to display of advertisements on operational land.

236

Part XI — Validity

Validity of development plans and certain orders, decisions and directions.

237

Proceedings for questioning validity of development plans and certain schemes and orders.

238

Proceedings for questioning the validity of other orders, decisions and directions.

239

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

240

Special provisions as to orders subject to special parliamentary procedure.

241

Part XII — Crown Land

Preliminary

Application to the Crown

241A

Preliminary definitions.

242

Application of Act as respects Crown land

Urgent Crown development: application

242A

Control of development on Crown land: special enforcement notices.

243

Supplementary provisions as to special enforcement notices.

244

Exercise of powers in relation to Crown land.

245

Enforcement in relation to the Crown

245A

References to an interest in land

245B