Town and Country Planning (Scotland) Act 1959

20 Supplementary provisions as to compensation under s. 18 and additional consideration under s. 19

(1) For the purpose of facilitating the making of claims for compensation under section eighteen 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 subsection (1) of that section, or

(b) any person claiming under him, as being a person who, if compensation under that section became payable, would be entitled thereto by virtue of subsection (5) of that section,

may give to the acquiring authority an address for service under this section.

(2) Where, at any time after a person has given to an acquiring authority an address for service under this section a planning decision is made in the circumstances mentioned in subsection (1) of section eighteen of this Act, whereby permission is granted for the carrying out of additional development as therein mentioned, it shall be the duty of the acquiring authority to give notice of the decision in the prescribed form to that person at that address:

Provided that an acquiring authority shall not be required by virtue of this subsection to give notice of a planning decision to the person mentioned in paragraph (a) of the preceding subsection at a time after an address for service has been given to them by such a person as is mentioned in paragraph (b) of that subsection, if they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred such as is mentioned in subsection (5) of the said section eighteen.

(3) A claim for compensation under section eighteen of this Act in respect of a planning decision—

(a) if made by a person who has not given the acquiring authority an address for service under this section, shall not have effect if made more than six months after the date of the decision; and

(b) if made by a person who has given the acquiring authority such an address, shall not have effect if made after the end of the period of six months beginning with the date on which notice of the decision is given to him in accordance with the last preceding subsection:

Provided that, in relation to a planning decision where there is an appeal (including any appeal made by virtue of subsection (3) of section fourteen of the Act of 1947), references in this subsection to the date of the decision shall be construed as references to the date of the decision on the appeal.

(4) Where a person has given to an acquiring authority an address for service under this section, and that authority, before the end of the period mentioned in subsection (1) of section eighteen 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 thereof, as the case may be, they shall notify the local planning authority; and thereafter it shall be the duty of the local planning authority to give notice to the acquiring authority of any planning decision made in the circumstances mentioned in subsection (1) of the said section eighteen, whereby permission is granted for the carrying out of additional development as therein mentioned.

(5) Notice under the last preceding subsection of a planning decision—

(a) in the case of a decision made by the local 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 local planning authority.

(6) Subject to the preceding provisions of this section, the provisions of the Act of 1919 (so far as applicable) shall apply in relation to the assessment of compensation under section eighteen of this Act as they apply in relation to the assessment of compensation in respect of the compulsory acquisition of an interest in land.

(7) The preceding provisions of this section, except subsection (6), shall apply to claims for additional consideration such as is mentioned in subsection (3) of the last preceding section as they apply to claims for compensation payable under section eighteen of this Act, with the substitution—

(a) for any reference to the person entitled to receive the compensation or purchase price in respect of such an acquisition or sale as is mentioned in subsection (1) of the said section eighteen, of a reference to any person who has received consideration under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845 (as read with section sixty-two of the Act of 1954) in respect of such an acquisition or sale,

(b) for any reference to compensation under the said section eighteen, of a reference to additional consideration as aforesaid, and

(c) for any reference to subsection (5) of the said section eighteen, of a reference to subsection (4) of the last preceding section.