Chwilio Deddfwriaeth

Chwiliad Uwch

Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997) is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part IS

1—3. F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Part IIS Development Plans

Modifications etc. (not altering text)

Survey and structure planS

4 Survey of planning districts. S

(1)It shall be the duty of the . . . F2 planning authority to institute a survey of their district, in so far as they have not already done so, examining the matters which may be expected to affect the development of that district or the planning of its development and in any event to keep all such matters under review.

(2)Notwithstanding that the . . . F2 planning authority have carried out their duty under subsection (1) of this section, the authority may, if they think fit, . . . F3 institute a fresh survey of their district examining the matters mentioned in that subsection.

(3)Without prejudice to the generality of the preceding provisions of this section, the matters to be examined and kept under review thereunder shall include the following, that is to say—

(a)the principal physical and economic characteristics of the district of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that district, of any neighbouring districts;

(b)the size, composition and distribution of the population of that district (whether resident or otherwise);

(c)without prejudice to paragraph (a) of this subsection, the communications, transport system and traffic of that district and, so far as they may be expected to affect that district, of any neighbouring districts;

(d)any considerations not mentioned in any of the preceding paragraphs which may be expected to affect any matters so mentioned;

(e)such other matters as may be prescribed . . . F3;

(f)any changes already projected in any of the matters mentioned in any of the preceding paragraphs and the effect which those changes are likely to have on the development of that district or the planning of such development.

(4)A . . . F2 planning authority shall, for the purpose of discharging their functions under this section of examining and keeping under review any matters relating to the district of another such authority, consult with that other authority about those matters.

(5)Subsection (1) of this section shall, as respects any period during which this section is in operation in part only of the district of a . . . F2 planning authority, be construed as requiring a . . . F2 planning authority to institute a survey of that part of that district and to keep under review matters affecting only that part of that district; and subsection (2) of this section shall, whether or not this section is in operation in the whole of such a district, have effect as if the power thereby conferred included power for a . . . F2 planning authority to institute . . . F3 a fresh survey of part only of their district; and references in subsection (3) of this section to the district of a . . . F2 planning authority or any neighbouring districts shall be construed accordingly.

Textual Amendments

Modifications etc. (not altering text)

Yn ddilys o 01/04/1996

[F44A Structure plans.S

(1)The Secretary of State may by order designate areas (“structure plan areas”) in respect of which planning authorities are to prepare structure plans.

(2)The district of every planning authority in Scotland shall be included in a structure plan area.

(3)A structure plan area may extend to the district of more than one planning authority, and may extend to only part of the district of a planning authority.

(4)Where a structure plan area extends to the district of more than one planning authority, the planning authorities concerned shall jointly carry out the functions conferred upon them under sections 4, 5, 6, 6A and 8 of this Act in accordance with such arrangements as they may agree for that purpose under sections 56 (discharge of functions by local authorities), 57 (appointment of committees) and 58 (expenses of joint committees) of the M1Local Government (Scotland) Act 1973.

(5)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

Marginal Citations

5 Preparation of structure plans.S

(1)The . . . F5 planning authority shall, within such period from the commencement of this section within their district as the Secretary of State may direct, prepare and send the Secretary of State a report of their survey under section 4 of this Act and at the same time prepare and submit to him for his approval a structure plan for their district complying with the provisions of subsection (3) of this section.

(2)The said report shall include an estimate of any changes likely to occur [F6, during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act.]

(3)The structure plan for any district shall be a written statement—

(a)formulating the . . . F5 planning authority’s policy and general proposals in respect of the development and other use of land in that district (including measures for the improvement of the physical environment and the management of traffic);

(b)stating the relationship of those proposals to general proposals for the development and other use of land in neighbouring districts which may be expected to affect that district; and

(c)containing such other matters as may be prescribed . . . F7.

(4)In formulating their policy and general proposals under subsection (3)(a) of this section, the . . . F5 planning authority shall secure that the policy and proposals are justified by the results of their survey under section 4 of this Act and by any other information which they may obtain and shall have regard—

(a)to current policies with respect to the economic planning and development of the region as a whole;

(b)to the resources likely to be available for the carrying out of the proposals of the structure plan . . . F8

(c) . . . F8

(5)A . . . F5 planning authority’s general proposals under this section with respect to land in their district shall indicate any part of that district (in this Act referred to as an “action area”) which they have selected for the commencement during a prescribed period of comprehensive treatment, in accordance with a local plan prepared for the selected area as a whole, by development, redevelopment or improvement of the whole or part of the area selected, or partly by one and partly by another method, and the nature of the treatment selected.

(6)A structure plan for any district shall contain or be accompanied by such diagrams, illustrations and descriptive matter as the . . . F5 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F7; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(7)At any time before the Secretary of State has under section 7 of this Act approved a structure plan with respect to the whole of the district of a . . . F5 planning authority, the authority may with his consent, and shall, if so directed by him, prepare and submit to him for his approval a structure plan relating to part of that district; and where the Secretary of State has given a consent or direction for the preparation of a structure plan for part of such a district, references in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

Textual Amendments

Modifications etc. (not altering text)

6 Publicity in connection with preparation of structure plans.S

(1)When preparing a structure plan for their district and before finally determining its content for submission to the Secretary of State, the . . . F9 planning authority shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their district to the report of the survey under section 4 of this Act and to the matters which they propose to include in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c)that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2)Not later than the submission of a structure plan to the Secretary of State, the . . . F9 planning authority shall make copies of the plan as submitted to the Secretary of State available for inspection at their office and at such other places as may be prescribed; and each copy shall be accompanied by a statement of the time within which objections to the plan may be made to the Secretary of State.

(3)A structure plan submitted by the . . . F9 planning authority to the Secretary of State for his approval shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a)of the steps which the authority have taken to comply with subsection (1) of this section; and

(b)of the authority’s consultations with, and consideration of the views of, other persons with respect to those matters.

(4)If after considering the statement submitted with, and the matters included in, the structure plan and any other information provided by the . . . F9 planning authority, the Secretary of State is satisfied that the purposes of paragraphs (a) to (c) of subsection (1) of this section have been adequately achieved by the steps taken by the authority in compliance with that subsection, he shall proceed to consider whether to approve the structure plan; and if he is not so satisfied, he shall return the plan to the authority and direct them—

(a)to take such further action as he may specify in order better to achieve those purposes; and

(b)after doing so, to resubmit the plan with such modifications, if any, as they then consider appropriate and, if so required by the direction, to do so within a specified period.

(5)Where the Secretary of State returns the structure plan to the . . . F9 planning authority under subsection (4) of this section, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the plan, shall also inform that person that he has returned the plan.

(6)A . . . F9 planning authority who are given directions by the Secretary of State under subsection (4) of this section shall forthwith withdraw the copies of the plan made available for inspection as required by subsection (2) of this section.

(7)Subsections (2) to (6) of this section shall apply, with the necessary modifications, in relation to a structure plan resubmitted to the Secretary of State in accordance with directions given by him under subsection (4) as they apply in relation to the plan as originally submitted.

Textual Amendments

Yn ddilys o 01/04/1996

[F106A Consultation with other planning authorities.S

Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a planning authority shall consult every other planning authority who are likely to be affected by the plan or proposals.]

Textual Amendments

7 Approval or rejection of structure plan by Secretary of State.S

(1)The Secretary of State may, after considering a structure plan submitted (or resubmitted) to him, either approve it (in whole or in part and with or without modifications or reservations) or reject it.

(2)In considering any such plan the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him.

[F11(3)Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a)consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

[F12(b)if, but only if, it appears to him that an examination in public should be held of any matter affecting his consideration of the plan, cause a person or persons, appointed by him for the purpose, to hold such an examination.]

(4)The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5)The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6)An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the M2Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7)On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8)On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.]

Textual Amendments

Marginal Citations

8 Alteration of structure plans.S

(1)At any time after the approval of a structure plan for their district a . . . F13 planning authority may submit to the Secretary of State and shall, if so directed by the Secretary of State, submit to him within a period specified in the direction, proposals for such alterations to that plan [F14(which may include proposals for repeal and replacement)] as appear to them to be expedient or as the Secretary of State may direct, as the case may be, and any such proposals may relate to the whole or to part of that district [F15and may provide for the repeal of two or more structure plans and their replacement with one structure plan.]

(2)The . . . F13 planning authority shall send with the proposals submitted by them under this section a report of the results of their review of the relevant matters under section 4 of this Act together with any other information on which the proposals are based, and sections 6 [F16(2)] and 7 of this Act shall apply, with any necessary modifications, in relation to the proposals as they apply in relation to a structure plan.

[F17(3)Before a planning authority submit proposals under this section they shall give such publicity (if any) to, and undertake such consultation (if any) about, the said proposals as they think fit, and shall consider any representations timeously made to them about such proposals.

(4)The planning authority shall send with any proposals submitted by them under this section a statement of the steps they have taken to comply with subsection (3) above and, if they have not publicised or have not consulted under that subsection, the statement shall explain the absence of such publicity or as the case may be consultation.

(5)If the Secretary of State is not satisfied with the steps taken by the planning authority to comply with subsection (3) above, or as the case may be if he is not satisfied with the terms of any explanation provided by them under subsection (4) above, he may return the proposals to the authority, and may direct them—

(a)to take such steps or further steps as he may specify; and

(b)after they have done so, to resubmit the proposals with such modification, if any, as they consider appropriate.

(6)Where, under subsection (5) above, the Secretary of State returns proposals, he shall inform the authority of his reasons for doing so and, if any person has made to him an objection to the proposals, shall also inform that person that he has returned the proposals.

(7)A planning authority who are given directions under subsection (5) of this section shall forthwith withdraw the copies which have, under section 6(2) of this Act (as applied by subsection (2) above) been made available for inspection.

(8)The said section 6(2) and subsections (3) to (7) above shall apply, in relation to proposals resubmitted in accordance with directions given under subsection (5) above, as they apply in relation to proposals submitted under subsection (1) above.]

Textual Amendments

Local plansS

9 Preparation of local plans.S

(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(3)A local plan shall consist of a map and a written statement and shall—

(a)formulate in such detail as the authority think appropriate the authority’s proposals for the development and other use of land in that part of their district or for any description of development or other use of such land (including in either case such measures as the authority think fit for the improvement of the physical environment and the management of traffic); and

(b)contain such matters as may be prescribed . . . F19.

(4)Different local plans may be prepared for different purposes for the same part of any district.

[F20(4A)It shall be the duty of the planning authority—

(a)for the purpose of preparing a local plan, to institute a survey of their district or any part thereof, in so far as they have not already done so, taking into account the matters which the authority think necessary for the formulation of their proposals, and

(b)to keep those matters under review during and after the preparation of the local plan.]

(5)A local plan shall contain, or be accompanied by, such diagrams, illustrations and descriptive matter as the . . . F21 planning authority think appropriate for the purpose of explaining or illustrating the proposals in the plan, or as may be prescribed . . . F19; and any such diagrams, illustrations and descriptive matter shall be treated as forming part of the plan.

(6)Where an area is indicated as an action area in a structure plan which has been approved by the Secretary of State, the . . . F21 planning authority shall (if they have not already done so), as soon as practicable after the approval of the plan, prepare a local plan for that area.

(7)Without prejudice to the preceding provisions of this section, the . . . F21 planning authority shall, if the Secretary of State gives them a direction in that behalf with respect to a part of a district for which a structure plan has been, or is in course of being, prepared as soon as practicable prepare for that part a local plan of such nature as may be specified in the direction.

(8)Directions under subsection (7) of this section may be given by the Secretary of State [F22only before] he approves the structure plan . . . F19.

(9)In formulating their proposals in a local plan the . . . F21 planning authority shall secure that [F23where a structure plan has been prepared under section 5 of this Act] the proposals conform generally to the structure plan as it stands for the time being (whether or not it has been approved by the Secretary of State) and shall have regard to any information and any other considerations which appear to them to be relevant, or which may be prescribed . . . F19.

(10)Before giving a direction under the preceding provisions of this section to a . . . F21 planning authority, the Secretary of State shall consult the authority with respect to the proposed direction.

(11)Where a . . . F21 planning authority are required by this section to prepare a local plan, they shall take steps for the adoption of the plan.

Textual Amendments

10 Publicity in connection with preparation of local plans.S

(1)A . . . F24 planning authority who propose to prepare a local plan shall take such steps as will in their opinion secure—

(a)that adequate publicity is given in their district to any relevant matter arising out of a survey of the district [F25or part of the district carried out under sections 4 or 9 of this Act] and to the matters proposed to be included in the plan;

(b)that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so; and

(c)that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

(2)When the . . . F24 planning authority have prepared a local plan, they shall, before adopting it or submitting it for approval under section 12(4) of this Act . . . F26, make copies of the local plan available for inspection at their office and at such other places [F27as appear to them to be appropriate] and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the local plan may be made to the authority.

(3)A copy of a local plan sent to the Secretary of State [F28, or made available for inspection,] under subsection (2) of this section shall be accompanied by a statement containing such particulars, if any, as may be prescribed—

(a)of the steps which the authority have taken to comply with subsection (1) of this section; and

(b)of the authority’s consultations with, and their consideration of the views of, other persons.

(4)(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

11 Inquiries, etc. with respect to local plans.S

(1)For the purpose of considering objections made to a local plan the . . . F30 planning authority may, and shall [F31if] in the case of objections so made in accordance with regulations under this Act [F32an objector so requires,] cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—

(a)subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;

(b)the M3Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2)Regulations made for the purposes of subsection (1) of this section may—

(a)make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . F30 planning authority to appoint a particular person, or one of a specified list or class of persons;

(b)make provision with respect to the remuneration and allowances of a person appointed for the said purpose.

Textual Amendments

Marginal Citations

12 Adoption and approval of local plans.S

(1)After the expiry of the period afforded for making objections to a local plan or, if such objections have been duly made during that period, after considering the objections so made, the . . . F33 planning authority may, subject to . . . F34 subsections [F35(2), (2A), (2B) and (3)] of this section, by resolution adopt the plan either as originally prepared or as modified so as to take account of [F36—

(a)any such objections (whether or not they have been the subject of a local inquiry or other hearing);

(b)any matters arising out of such objections; or

(c)any drafting or technical matters, if these are of a minor nature.]

[F37(2)Where for any area the Secretary of State has approved a structure plan under section 7 of this Act the planning authority shall not adopt a local plan unless it conforms . . . F38 to that structure plan.]

[F39(2A)After copies of a local plan have been sent to the Secretary of State and before it has been adopted by the planning authority, the Secretary of State may, if it appears to him that any part of it is unsatisfactory, and without prejudice to his power to make a direction under subsection (3) below, direct the authority to consider modifying the plan in such respects as are indicated in the direction.

(2B)An authority to whom a direction is given shall not adopt the plan unless they satisfy the Secretary of State that they have made the modifications necessary to confirm with the direction or the direction is withdrawn.]

(3)After copies of a local plan have been sent to the Secretary of State and before the plan has been adopted by the . . . F33 planning authority, the Secretary of State may direct that the plan shall not have effect unless approved by him.

[F40(4)Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a)the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b)in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c)subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i)consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii)afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii)if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d)before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e)without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f)after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.]

Textual Amendments

13 Alteration of local plans.S

[F41(1)A planning authority shall keep under review any local plan adopted by them, or approved by the Secretary of State, and may at any time make proposals for the alteration, repeal or replacement of such plan; and any such proposals may include proposals for the repeal of two or more local plans and their replacement with one local plan:

Provided that where a local plan has been approved by the Secretary of State they shall not make such proposals in relation to that plan without his consent.]

(2)Without prejudice to subsection (1) of this section, a . . . F42 planning authority shall, if [F43before] the Secretary of State [F44approves the structure plan for their district he] gives them a direction in that behalf with respect to a local plan adopted by them or approved by him, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, repeal or replacement of the [F45local] plan.

(3)[F46Subject to subsection (4) below] The provisions of sections 9(9) to (11), 10, 11 and 12 of this Act shall apply in relation to the making of proposals for the alteration, repeal or replacement of a local plan under this section, and to alterations to a local plan so proposed, as they apply in relation to the preparation of a local plan under section 9 of this Act and to a local plan prepared thereunder, . . . F47.

[F48(4)If a planning authority do not consider it appropriate to take the steps required by section 10(1) of this Act in relation to proposals made by them under subsection (1) of this section for alteration of a local plan, they may instead include, with the copies of those proposals made available for inspection and with the copy sent to the Secretary of State under section 10(2) of this Act, a statement of their reasons for not taking such steps.

(5)In carrying out their duty under subsection (1) above the authority shall have regard to any structure plan approved for the area by the Secretary of State.]

Textual Amendments

Supplementary provisionsS

14 Disregarding of representations with respect to development authorised by or under other enactments.S

Notwithstanding anything in the preceding provisions of this Act, neither the Secretary of State nor a . . . F49 planning authority shall be required to consider representations or objections with respect to a structure plan, a local plan or any proposal to alter, repeal or replace any such plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

(a)an order or scheme under section [F505, 7, 9 or 12 of the Roads (Scotland) Act 1984] (trunk road orders, special road schemes and ancillary orders);

(b)an order under section 1 of the M4New Towns Act 1946 or section 1 of the M5New Towns (Scotland) Act 1968 (designation of sites of new towns).

Textual Amendments

Marginal Citations

15 Default powers of Secretary of State.S

(1)Where, by virtue of any of the preceding provisions of this Part of this Act, [F51or of the provisions of Part IX of the M6Local Government (Scotland) Act 1973] any survey is required to be carried out, or any structure or local plan or proposals for the alteration, repeal or replacement thereof are required to be prepared or submitted to the Secretary of State, or steps are required to be taken for the adoption of any such plan or proposals, then—

(a)if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the . . . F52 planning authority are not carrying out the survey or are not taking the steps necessary to enable them to submit or adopt such a plan or proposals within a reasonable period; or

(b)in a case where a period is specified for the submission or adoption of any such plan or proposals, if no such plan or proposals have been submitted or adopted within that period,

[F53the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or] the Secretary of State may carry out the survey or prepare and make a structure plan or local plan or, as the case may be, alter repeal or replace it, as he thinks fit.

(2)Where under subsection (1) of this section the Secretary of State has power to do anything which should have been done by a . . . F52 planning authority, he may, if he thinks fit, authorise any other . . . F52 planning authority who appear to the Secretary of State to have an interest in the proper planning of the district of the first-mentioned authority to do that thing.

(3)Where under this section anything which ought to have been done by a . . . F52 planning authority is done by the Secretary of State or another such authority, the preceding provisions of this Part of this Act shall, so far as applicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the latter authority and the thing so done.

(4)Where the Secretary of State incurs expenses under this section in connection with the doing of anything which should have been done by a . . . F52 planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

(5)Where under this section anything which should have been done by one . . . F52 planning authority is done by another such authority, any expenses reasonably incurred in connection with the doing of that thing by the latter authority, as certified by the Secretary of State, shall be repaid to the latter authority by the former authority.

Textual Amendments

Marginal Citations

16 Supplementary provisions as to structure and local plans.S

(1)Without prejudice to the powers conferred on him by the preceding provisions of this Part of this Act, the Secretary of State may make regulations with respect to the form and content of structure and local plans and with respect to the procedure to be followed in connection with their preparation, submission, withdrawal, approval, adoption, making, alteration, [F54modification,] repeal and replacement; and in particular any such regulations may—

(a)provide for the publicity to be given to the report of any survey carried out by a . . . F55 planning authority under section 4 of this Act;

(b)provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any such plan, and the approval, adoption or making of any such plan or any alteration, [F54modification,] repeal or replacement thereof or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

(c)make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration, [F54modification,] repeal or replacement;

(d)without prejudice to paragraph (b) of this subsection, provide for notice to be given to particular persons of the approval, adoption, [F54modification] or alteration of any plan, if they have objected to the plan and have notified the . . . F55 planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge for receiving it;

(e)require or authorise a . . . F55 planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f)require a . . . F55 planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in section 6(1)(a) or 10(1)(a) of this Act or has been made available for inspection under section 6(2) or 10(2) of this Act, subject (if the regulations so provide) to the payment of a reasonable charge therefor;

(g)provide for the publication and inspection of any structure plan or local plan which has been approved, adopted or made, or any document approved, adopted or made altering, repealing or replacing any such plan, and for copies of any such plan or document to be made available on sale.

(2)Regulations under this section may extend throughout Scotland or to specified areas only and may make different provisions for different cases.

(3)Subject to the preceding provisions of this Part of this Act and to any regulations under this section, the Secretary of State may give directions to any . . . F55 planning authority, or to . . . F55 planning authorities generally,—

(a)for formulating the procedure for the carrying out of their functions under this Part of this Act;

(b)for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Act.

(4)Subject to the provisions of section 231 of this Act, a structure plan or local plan or any alteration, repeal or replacement thereof shall become operative on a date appointed for the purpose in the relevant notice of approval, resolution of adoption or notice of the making, alteration, repeal or replacement of the plan.

Textual Amendments

17 Meaning of “development plan”.S

(1)For the purposes of this Act, any other enactment relating to town and country planning and the M7Land Compensation (Scotland) Act 1963, the development plan for any area (whether the whole or part of the district of a . . . F56 planning authority) shall be taken as consisting of—

(a)the provisions of the structure plan for the time being in force for that district or the relevant part of that district, together with the Secretary of State’s notice of approval of the plan;

(b)any alterations to that plan, together with the Secretary of State’s notices of approval thereof;

(c)any provisions of a local plan for the time being applicable to the area, together with a copy of the authority’s resolution of adoption or, as the case may be, the Secretary of State’s notice of approval of the local plan; and

(d)any alterations to that local plan, together with a copy of the authority’s resolutions of adoption or, as the case may be, the Secretary of State’s notices of approval thereof.

(2)References in subsection (1) of this section to the provisions of any plan, notices of approval, alterations and resolutions of adoption shall, in relation to an area forming part of the district to which they are applicable, be respectively construed as references to so much of those provisions, notices, alterations and resolutions as is applicable to the area.

(3)References in subsections (1) and (2) of this section to notices of approval shall in relation to any plan or alteration made by the Secretary of State under section 15 of this Act be construed as references to notices of the making of the plan or alteration.

(4)This section has effect subject to Schedule 5 and Part I of Schedule 21 to this Act.

Textual Amendments

Marginal Citations

18 Commencement of Part II and interim provisions. S

(1)The preceding provisions of this Part of this Act (other than section 16 and except so far as they enable any matter or thing to be prescribed), and Part I of Schedule 21 to this Act, shall come into operation on a day appointed by an order made by the Secretary of State.

[F57(2)Schedules 3 and 4 to this Act shall have effect as respects any area, until (a) a structure plan relating to that area has been ap- proved under section 7 of this Act or (b) a local plan for that area has been adopted or approved under section 12 of this Act or (c) they are repealed by an order made by the Secretary of State.]

(3)Schedule 5 to this Act shall have effect as respects the transition from the said Schedules 3 and 4 to the preceding provisions of this Part of this Act.

(4)Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(5)Any reference in this Part of this Act to the commencement of any provision thereof shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area, be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provision of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7)The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a)as to the provisions which have come, or are to be brought, into operation or have been, or are to be, repealed, and on which dates and in relation to which areas; and

(b)as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8)The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at all reasonable hours.

Textual Amendments

Modifications etc. (not altering text)

C4Power of appointment conferred by s. 18(1) fully exercised: S.I. 1975/379, 380

Yn ddilys o 07/03/1994

[F58 General]S

Textual Amendments

[F59F5918AStatus of development plans.S

—Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.]

Textual Amendments

Part IIIU.K. General Planning Control

Modifications etc. (not altering text)

C6Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Meaning of development and requirement of planning permissionS

19 Meaning of “development” and “new development”. S

(1)In this Act, except where the context otherwise requires, “development”, subject to the following provisions of this section, means the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.

(2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land, that is to say—

(a)the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building and (in either case) are not works for making good war damage or works begun after 7th December, 1969 for the alteration of a building by providing additional space therein below ground;

(b)the carrying out by a local [F60roads] authority of any works required for the maintenance or improvement of a road, being works carried out on land within the boundaries of the road;

(c)the carrying out by a local authority or statutory undertakers of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including the breaking open of any [F60road] or other land for that purpose;

(d)the use of any buildings or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such;

(e)the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used;

(f)in the case of buildings or other land which are used for a purpose of any class specified in an order made by the Secretary of State under this section, [F61the use of the buildings or other land or, subject to the provisions of the order, of any part thereof] for any other purpose of the same class.

(3)For the avoidance of doubt it is hereby declared that for the purposes of this section—

(a)the use as two or more separate dwellinghouses of any building previously used as a single dwellinghouse involves a material change in the use of the building and of each part thereof which is so used;

(b)the deposit of refuse or waste materials on land involves a material change in the use thereof, notwithstanding that the land is comprised in a site already used for that purpose, if either the superficial area of the deposit is thereby extended, or the height of the deposit is thereby extended and exceeds the level of the land adjoining the site.

[F62(3A)For the purposes of this Act mining operations include—

(a)the removal of material of any description—

(i)from a mineral-working deposit;

(ii)from a deposit of pulverised fuel ash or other furnace ash or clinker; or

(iii)from a deposit of iron, steel or other metallic slags; and

(b)the extraction of minerals from a disused railway embankment.]

[F63(3B)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

  • “fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);

  • “inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

  • “tank” includes any cage and any other structure for use in fish farming.]

(4)Without prejudice to any regulations made under the provisions of this Act relating to the control of advertisements, the use for the display of advertisements of any external part of a building which is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.

F64(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

20 Development requiring planning permission.S

(1)Subject to the provisions of this section, planning permission is required for the carrying out of any development of land.

(2)Where on 1st July 1948 (in this Act referred to as “the appointed day”) land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the last-mentioned purpose before 8th December 1969.

(3)Where on the appointed day land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required—

(a)in respect of the use of the land for that other purpose on similar occasions before 8th December 1969; or

(b)in respect of the use of the land for that other purpose on similar occasions on or after that date if the land has been used for that other purpose on at least one similar occasion since the appointed day and before the beginning of 1969.

(4)Where land was unoccupied on the appointed day, but had before that day been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 8th December 1969 for the purpose for which the land was last used before the appointed day.

(5)Where planning permission to develop land has been granted for a limited period, planning permission is not required for the resumption, at the end of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(6)In determining, for the purposes of subsection (5) of this section, what were the purposes for which land was normally used before the grant of planning permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(7)Notwithstanding anything in subsections (2) to (4) of this section, the use of land as a caravan site shall not, by virtue of any of those subsections, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of two years ending with 9th March 1960.

(8)Where by a development order planning permission to develop land has been granted subject to limitations, planning permission is not required for the use of that land which (apart from its use in accordance with that permission) is the normal use of that land, unless the last-mentioned use was begun in contravention of the provisions of this Part of this Act or in contravention of previous planning control.

(9)Where an enforcement notice has been served in respect of any development of land, planning permission is not required for the use of that land for the purpose for which (in accordance with the provisions of this Part of this Act) it could lawfully have been used if that development had not been carried out.

(10)For the purposes of this section a use of land shall be taken to have been begun in contravention of previous planning control if it was begun in contravention of the provisions of Part II of the Act of 1947.

Development ordersS

21 Development orders. S

[F65(1)The Secretary of State shall by regulations under this Act or by order provide for the granting of planning permission.

(2)An order under this section (in this Act referred to as a “development order”) may itself grant planning permission for development specified in the order, or for development of any class so specified, and may be made either—

(a)as a general order applicable, except so far as it otherwise provides, to all land, but which may make different provision with respect to different descriptions of land; or

(b)as a special order applicable only to such land or descriptions of land as may be specified in the order.

(3)In respect of development for which planning permission is not granted by a development order, regulations under this Act or an order may provide for the granting of planning permission by the planning authority (or, in the cases hereinafter provided for, by the Secretary of State) on an application in that behalf made to the planning authority in accordance with the regulations or the order.]

(4)Planning permission granted by a development order may be granted either unconditionally or subject to such conditions or limitations as may be specified in the order.

(5)Without prejudice to the generality of subsection (4) of this section—

(a)where planning permission is granted by a development order for the erection, extension or alteration of any buildings, the order may require the approval of the. . . F66 planning authority to be obtained with respect to the design or external appearance of the buildings;

(b)where planning permission is granted by a development order for development of a specified class, the order may enable the Secretary of State or the. . . F66 planning authority to direct that the permission shall not apply either in relation to development in a particular area or in relation to any particular development.

(6)Any provision of a development order whereby permission is granted for the use of land for any purpose on a limited number of days in a period specified in that provision shall (without prejudice to the generality of references in this Act to limitations) be taken to be a provision granting permission for the use of land for any purpose subject to the limitation that the land shall not be used for any one purpose in pursuance of that provision on more than that number of days in that period.

(7)For the purpose of enabling development to be carried out in accordance with planning permission, or otherwise for the purpose of promoting proper development in accordance with the development plan, a development order may direct that any enactment passed before 13th August 1947 or any regulations, orders or byelaws made at any time under any such enactment, shall not apply to any development specified in the order, or shall apply thereto subject to such modifications as may be so specified.

Textual Amendments

Modifications etc. (not altering text)

[F67 Simplified planning zone schemes]S

Textual Amendments

[F6821ASimplified planning zones.S

(1)A simplified planning zone is an area in respect of which a simplified planning zone scheme is in force.

(2)The adoption or approval of a simplified planning zone scheme has effect to grant in relation to the zone, or any part of it specified in the scheme, planning permission for development specified in the scheme or for development of any class so specified.

(3)Planning permission under a simplified planning zone scheme may be unconditional or subject to such conditions, limitations or exceptions as may be specified in the scheme.

(4)Every planning authority—

(a)shall consider, as soon as practicable after this section comes into operation, the question for which part or parts of their district a simplified planning zone scheme is desirable, and shall thereafter keep that question under review; and

(b)shall prepare a scheme for any such part for which they decide, as a result of their original consideration or of any such review, that it is desirable to do so.

(5)The provisions of Schedule 6A to this Act have effect with respect to the making and alteration of simplified planning zone schemes and other related matters.]

Textual Amendments

[F6921B Simplified planning zone schemes: conditions and limitations on planning permission.S

(1)The conditions and limitations on planning permission which may be specified in a simplified planning zone scheme may include—

(a)conditions or limitations in respect of all development permitted by the scheme or in respect of particular descriptions of development so permitted, and

(b)conditions or limitations requiring the consent, agreement or approval of the planning authority in relation to particular descriptions of permitted development;

and different conditions or limitations may be specified for different cases or classes of case.

(2)Nothing in a simplified planning zone scheme shall affect the right of any person—

(a)to do anything not amounting to development, or

(b)to carry out development for which planning permission is not required or for which permission has been granted otherwise than by the scheme;

and no limitation or restriction subject to which permission has been granted otherwise than under the scheme shall affect the right of any person to carry out development for which permission has been granted under the scheme.]

Textual Amendments

[F7021C Duration of simplified planning zone scheme.S

(1)A simplified planning zone scheme shall take effect on the date of its adoption or approval and shall cease to have effect at the end of the period of ten years beginning with that date.

(2)Upon the scheme’s ceasing to have effect planning permission under the scheme shall also cease to have effect except in a case where the development authorised by it has been begun.

(3)The provisions of section 41(2) to (6) of this Act (which provide for the termination of planning permission if the completion of development is unreasonably delayed) apply to planning permission under a simplified planning zone scheme where development has been begun but not completed by the time the area ceases to be a simplified planning zone.

(4)The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this section when development shall be taken to be begun.]

Textual Amendments

[F7121D Alteration of simplified planning scheme.S

(1)The adoption or approval of alterations to a simplified planning zone scheme has effect as follows.

(2)The adoption or approval of alterations providing for the inclusion of land in the simplified planning zone has effect to grant in relation to that land or such part of it as is specified in the scheme planning permission for development so specified or of any class so specified.

(3)The adoption or approval of alterations providing for the grant of planning permission has effect to grant such permission in relation to the simplified planning zone, or such part of it as is specified in the scheme, for development so specified or development of any class so specified.

(4)The adoption or approval of alterations providing for the withdrawal of relaxation of conditions, limitations or restrictions to which planning permission under the scheme is subject has effect to withdraw or relax the conditions, limitations or restrictions forthwith.

(5)The adoption or approval of alterations providing for—

(a)the exclusion of land from the simplified planning zone,

(b)the withdrawal of planning permission, or

(c)the imposition of new or more stringent conditions, limitations or restrictions to which planning permission under the scheme is subject,

has effect to withdraw permission, or to impose the conditions, limitations or restrictions, with effect from the end of the period of twelve months beginning with the date of the adoption or approval.

(6)The adoption or approval of alterations to a scheme does not affect planning permission under the scheme in any case where the development authorised by it has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.]

Textual Amendments

[F7221E Exclusion of certain descriptions of land or development.S

(1)The following descriptions of land may not be included in a simplified planning zone—

(a)land in a conservation area;

(b)land in a National Scenic Area;

(c)land identified in the development plan for the area as part of a green belt;

(d)land in respect of which a notification or order is in force under section 28 or 29 of the Wildlife and Countryside Act M81981 (areas of special scientific interest).

(2)Where land included in a simplified planning zone becomes land of such a description, subsection (1) does not have effect to exclude it from the zone.

(3)The Secretary of State may by order provide that no simplified planning zone scheme shall have effect to grant planning permission—

(a)in relation to an area of land specified in the order or to areas of land of a description so specified, or

(b)for development of a description specified in the order.

(4)An order under subsection (3) has effect to withdraw such planning permission under a simplified planning zone scheme already in force with effect from the date on which the order comes into force, except in a case where the development authorised by the permission has been begun.

The provisions of section 40(1) to (3) of this Act apply in determining for the purposes of this subsection when development shall be taken to be begun.]

Textual Amendments

Marginal Citations

Applications for planning permissionS

22 Form and content of applications.S

[F73(1)]Any application to a. . . F74 planning authority for planning permission shall be made in such manner as may be prescribed by regulations under this Act [F75or by a development order], and shall include such particulars, and be verified by such evidence, as may be required [F76by—

(a)the regulations; or

(b)the development order; or

(c)directions given by the planning authority under the said regulations or the said development order.]

[F77(2)In subsection (1) above “planning authority” includes a regional planning authority.]

Textual Amendments

[F7823 Publication of notices of applications.S

(1)Subject to subsection (2) below, [F79regulations under this Act or]a development order may provide, either in relation to applications generally or in relation to applications of a class or classes prescribed in the order, that—

(a)any such application shall have been notified to such persons or classes of person, and in such manner, as may be so prescribed;

(b)any such application shall have been advertised, either in a local newspaper or on the land to which the application relates, or both, in such a manner and for such a period or on such a number of occasions as may be so prescribed;

(c)any newspaper advertisement required by virtue of paragraph (b) above shall be placed by the planning authority to whom the application is made;

(d)the planning authority may recover from the applicant the cost incurred by them in arranging any such advertisement;

(e)any such application shall be accompanied by such certificates as to compliance with the requirements of provisions made under paragraphs (a) and (b) above as may be so prescribed;

(f)the applicant shall furnish, at such time and to such persons as may be so prescribed, such information with respect to the application as may be so prescribed;

(g)no such application shall be entertained unless such further conditions as to payment as may be so prescribed have been complied with;

(h)no such application shall be determined until after the expiry of any period which may be so prescribed.

(2)The applications mentioned in subsection (1) above are—

(a)applications for planning permission;

(b)applications for an approval required by a development order; or

(c)applications for any consent, agreement or approval required by a condition imposed on a grant of planning permission.

(3)If any person knowingly or recklessly—

(a)issues a notification; or

(b)makes advertisement (other than newspaper advertisement); or

(c)supplies a certificate,

which purports to comply with provisions made under subsection (1) above but which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding [F80level 3 on the standard scale].]

[F81(4)A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5)Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.]

Textual Amendments

Modifications etc. (not altering text)

24 Notification of applications to owners and agricultural tenants. S

(1)Without prejudice to section 23 of this Act, a. . . F82 planning authority shall not entertain any application for planning permission unless it is accompanied by one or other of the following certificates signed by or on behalf of the applicant, that is to say—

[F83(a)a certificate stating that at the beginning of a period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the land to which the application relates;]

(b)a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than the applicant) who, at the beginning of the period of twenty-one days ending with the date of the application, were owners of any of the land to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(c)a certificate stating that the applicant is unable to issue a certificate in accordance with either of the preceding paragraphs, that he has given the requisite notice of the application to such one or more of the persons mentioned in the last preceding paragraph as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of the service of each such notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;

[F84(cc)in the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, a certificate stating—

(i)that the applicant has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) of this subsection as are specified in the certificate, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;

(ii)that there is no person mentioned in paragraph (b) of this subsection whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and

(iii)that he has complied with subsection (2A) of this section and when he did so;]

(d)a certificate stating that the applicant is unable to issue a certificate in accordance with paragraph (a) of this subsection, that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in paragraph (b) of this subsection and that he has been unable to do so.

[F85(1A)Subject to subsection (1B) of this section, subsection (1) of this section shall have effect as respects notice of an application for planning permission for development consisting of the winning and working of minerals as if any person entitled to an interest in a mineral in the land to which the application relates were an owner of the land.

(1B)Subsection (1) of this section shall not have effect as provided by subsection (1A) of this section in relation to a person entitled to an interest in—

(a)oil, gas or coal; or

(b)gold or silver.]

(2)Any such certificate as is mentioned in paragraph (c) [F86, paragraph (cc)] or paragraph (d) of subsection (1) of this section shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (being a date not earlier than the beginning of the period mentioned in paragraph (b) of that subsection) been published in a local newspaper circulating in the locality in which the land in question is situated.

[F87(2A)In an order to comply with this subsection—

(a)the applicant must post the requisite notice of the application, sited so as to be easily visible to and legible by members of the public, in at least one place in the district of the planning authority to which the application is being made; and

(b)the notice must be in position for not less than 7 days during the period of 21 days prior to the making of the application.

(2B)At any time before [F88determining] an application for planning permission for development consisting of the winning and working of minerals the planning authority dealing with the application may in writing direct the applicant to post copies of the said notice in such places in its district not exceeding 4 in number as may be specified in the direction.

(2C)Where any such direction as is mentioned in subsection (2B) above has been given the planning authority shall not grant the application until the applicant has furnished to the authority a certificate stating—

(a)that he has complied with the direction; and

(b)that any notice required by the direction has been in position for not less than 7 days in the period of 21 days prior to the date on which he lodged the certificate with the planning authority.

(2D)The applicant shall not be treated as unable to comply with subsection (2A) or (2C) of this section if the notice or, as the case may be, any copy thereof is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsections (2A)(b) or (2C)(b) of this section have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement; and if he has cause to rely on this subsection, his certificate under subsection (1)(cc) of this section shall state the relevant circumstances.

(2E)The notice required by subsection (2A) of this section shall (in addition to any other matters required to be contained in it) name a place within the area of the planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, being a period of not less than 21 days beginning with the date on which the notice is first posted.]

(3)In addition to any other matters required to be contained in a certificate issued for the purposes of this section, every such certificate shall contain one or other of the following statements, that is to say—

(a)a statement that none of the land to which the application relates constitutes or forms part of an agricultural holding;

(b)a statement that the applicant has given the requisite notice of the application to every person (other than the applicant) who, at the beginning of the period of twenty-one days ending with the date of the application, was a tenant of any agricultural holding any part of which was comprised in the land to which the application relates, and setting out the name of each such person, the address at which notice of the application was given to him, and the date of service of that notice.

(4)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) [F89, (cc) or (d) or (2C)] of this section, or by a certificate containing a statement in accordance with subsection 3(b) of this section, the. . . F82 planning authority shall not determine the application before the end of the period of twenty-one days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or the date of publication [F90or, as the case may be, posting] of a notice as therein mentioned, whichever is the later.

(5)If any person issues any certificate which purports to comply with the requirements of this section and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F91level 3 on the standard scale].

(6)Any certificate issued for the purposes of this section shall be in such form as may be prescribed by a development order; and any reference in any provision of this section to the requisite notice, where a form of notice is prescribed by a development order for the purposes of that provision, is a reference to a notice in that form.

(7)In this section “owner” in relation to any land means any person [F92who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of [F93an undertaking] and any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years], and “agricultural holding” has the same meaning as in the M9Agricultural Holdings (Scotland) Act 1949.

Textual Amendments

F83S. 24(1)(a) substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 92(1)(3) except in relation to an application for planning permission made before 13.11.1980

F92Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 92(2)(3) except in relation to an application for planning permission made before 13.11.1980

Modifications etc. (not altering text)

C15S. 24 modified by S.I. 1984/996, art. 2, Sch.

Marginal Citations

25 Publicity for applications affecting conservation areas.S

(1)This section applies where an application for planning permission for any development of land is made to a. . . F94 planning authority and either—

(a)the development would, in the opinion of the authority, affect the character or appearance of a conservation area;. . . F95

[F96(aa)the development would, in the opinion of the authority, affect the selling of a listed building; or]

(b). . . F97

(2)The. . . F94 planning authority shall—

(a)publish in a local newspaper circulating in the locality in which the land is situated; and

(b)for not less than seven days display on or near the land,

a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of twenty-one days beginning with the date of publication of the notice under paragraph (a) of this subsection.

(3)The application shall not be determined by the. . . F94 planning authority before both the following periods have elapsed, namely—

(a)the period of twenty-one days referred to in subsection (2) of this section; and

(b)the period of twenty-one days beginning with the date on which the notice required by that subsection to be displayed was first displayed.

[F98(4)Where an application for planning permission is dealt with by a regional planning authority by virtue of section 179 of the M10Local Government (Scotland) Act 1973, subsection (3) above shall apply as if the reference therein to “the planning authority” were a reference to the regional planning authority.]

Textual Amendments

Marginal Citations

Determination by. . . F99 planning authorities of applications for planning permissionS

Textual Amendments

26 Determination of applications.S

(1)Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . F100 planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

(a)subject to [F101sections 38 and 39] of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b)may refuse planning permission.

(2)In determining any application. . . F102 to which section 23 of this Act applies, the. . . F100 planning authority shall take into account any representations relating to that application which are received by them before [F103the expiry of any period prescribed under subsection (1)(h) of that section.]

(3)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 24 of this Act, or by a certificate containing a statement in accordance with subsection (3)(b) of that section, the. . . F100 planning authority—

(a)in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in subsection (4) of that section, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land; and

(b)shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding paragraph.

(4)In determining any application for planning permission to which section 25 of this Act applies, the. . . F100 planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) of that section have elapsed.

[F104(4A)When granting an application for planning permission as regards any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the M11Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.) the planning authority shall ensure that the applicant is aware of such duty.]

(5)Before a. . . F100 planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority having power to issue a site licence for that land, consult the local authority having that power.

(6)In this section “site licence” means a licence under Part I of the M12Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.

Textual Amendments

Marginal Citations

[F10526A Power of planning authority to decline to determine applications.S

(1)A planning authority may decline to determine an application for planning permission for the development of any land if—

(a)within the period of two years ending with the date on which the application is received, the Secretary of State has refused a similar application referred to him under section 32 of this Act or has dismissed an appeal against the refusal of a similar application; and

(b)in the opinion of the authority there has been no significant change since the refusal or, as the case may be, dismissal mentioned in paragraph (a) of this subsection in the development plan, so far as material to the application, or in any other material considerations.

(2)For the purposes of this section an application for planning permission for the development of any land shall only be taken to be similar to a later application if the development and the land to which the applications relate are in the opinion of the planning authority the same or substantially the same.

(3)The reference in subsection (1)(a) of this section to an appeal against the refusal of an application includes an appeal under section 34 in respect of an application.]

Textual Amendments

[F10626B Assessment of environmental effects.S

(1)The Secretary of State may by regulations under this Act make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.

(2)The regulations—

(a)may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any Community obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M13European Communities Act 1972; and

(b)may make different provisions for different classes of development.

(3)Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, no statutory instrument containing such regulations shall be subject to annulment by virtue of subsection (2) of section 273 (regulations and orders) of this Act.]

Textual Amendments

F106S. 26B expressed to be inserted after s. 26 (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.48 (with s. 84(5)); S.I. 1991/2092, art.3

Marginal Citations

27 Conditional grant of planning permission.S

(1)Without prejudice to the generality of section 26(1) of this Act, conditions may be imposed on the grant of planning permission thereunder—

(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the. . . F107 planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period:

Provided that conditions may not be imposed by a. . . F107 planning authority under paragraph (a) of this subsection for regulating the development or use of any land within the area of another. . . F107 planning authority except with the consent of that authority.

(2)[F108Subject to section 41A(6) of this Act, any] planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as “planning permission granted for a limited period”.

(3)Where—

(a)planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition (not being a condition attached to the planning permission by or under section 38 or 39 of this Act); and

(b)any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

Textual Amendments

Modifications etc. (not altering text)

C16S. 27(1)(a) modified by S.I. 1984/996, art. 2, Sch.

[F10927A Aftercare conditions on permission for winning and working of minerals.S

(1)Where planning permission for development consisting of the winning and working of minerals [F110or involving the depositing of refuse or waste materials] is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the planning authority think fit.

(2)In this Act—

  • “restoration condition” means a condition requiring that after [F111the winning and working is completed or the depositing has ceased], the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and

  • “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(a)use for agriculture;

(b)use for forestry; or

(c)use for amenity.

(3)An aftercare condition may either—

(a)specify the steps to be taken; or

(b)require that the steps be taken in accordance with a scheme (in this section referred to as an “aftercare scheme”) approved by the planning authority.

(4)A planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5)The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6)Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7)In subsection (6) of this section “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8)The power to prescribe maximum periods conferred by subsection (7) of this section includes power to prescribe maximum periods differing according to the use specified.

(9)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(10)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(11)Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(12)Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants.

(13)Before imposing an aftercare condition in a case where the use specified in the condition is for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.

(14)Where after consultations required by subsection (13) of this section the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(15)The planning authority shall also consult the Forestry Commission—

(a)as to the steps to be specified in an aftercare condition which specifies a use for forestry; and

(b)before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(16)The planning authority shall also, from time to time as they consider expedient, consult the Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(17)On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect.

(18)A person who has complied with an aftercare condition but who has not himself [F112won and worked minerals or deposited refuse or waste materials] shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred by him in complying with the aftercare condition.

(19)In this section “authorised” means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.]

Textual Amendments

28 Directions, etc. as to method of dealing with applications. S

(1)Subject to the provisions of section 26(2) to (5) of this Act, provision may be made by [F113regulations under this Act or] a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by. . . F114 planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission by the. . . F114 planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b)for authorising the. . . F114 planning authority, in such cases and subject to such conditions as may be prescribed by [F115such regulations or the order], or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

(c)for requiring the. . . F114 planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by [F115such regulations or the order] or by directions given by the Secretary of State thereunder;

(d)for requiring the. . . F114 planning authority to give to any applicant for planning permission, within such time as may be prescribed by [F115such regulations or the order], such notice as may be so prescribed as to the manner in which his application has been dealt with;

[F116(dd)for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;]

(e)for requiring the. . . F114 planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under [F115such regulations or the order], such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

[F117(2)The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by [F118regulations under this Act or]a development order as they apply in relation to applications for planning permission.]

[F119(3)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

C17S. 28 extended by S.I. 1988/1221, art. 5

[F12028A Permission to develop land without compliance with conditions previously attached.S

(1)This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2)Special provision may be made with respect to such applications—

(a)by regulations under section 22 of this Act as regards the form and content of the application, and

(b)by a development order as regards the procedure to be followed in connection with the application.

(3)On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a)if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b)if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(4)This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to have begun, that time has expired without the development having been begun.]

Textual Amendments

[29F121Planning permission for development already carried out.S

(1)On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2)Subsection (1) of this section applies to development carried out—

(a)without planning permission;

(b)in accordance with planning permission granted for a limited period; or

(c)without complying with some condition subject to which planning permission was granted.

(3)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

Textual Amendments

30 Provisions as to effect of planning permission.S

(1)Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

(2)Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

[F12230A Date of planning permission.S

The date of the granting or of the refusal of any such application as is mentioned in section 23(2) of this Act shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.]

Textual Amendments

31 Information regarding, and registers of, applications and decisions.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(2)Every. . . F124 planning authority shall keep, in such manner as may be prescribed [F125by such regulations or the order], a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . F126[F127and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area].

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

(3)[F129Regulations under this Act or a development order] make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by [F130such regulations or the order], and may also make provision—

(a)for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

(b)for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion of any different entry relating thereto in another part of the register.

(4)Every register kept under this section shall be available for inspection by the public at all reasonable hours.

[F131(5)The provisions of this section shall apply in relation to applications for an approval required [F125by such regulations or the order] as they apply in relation to applications for planning permission.]

Textual Amendments

F127Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), 26(3), Sch. 6 Pt. IV para. 1

[F13231A Power of planning authorities to vary planning permission.S

Notwithstanding any other provision of this Part of this Act, a planning authority may, at the request of the grantee or of a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material.]

Textual Amendments

Textual Amendments

Determination by. . . F881 planning authorities of applications for planning permissionS

Textual Amendments

26 Determination of applications.S

(1)Subject to the provisions of sections 23 to 25 of this Act, and to the following provisions of this Act, where an application is made to a. . . F100 planning authority for planning permission, that authority, in dealing with the application, shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations, and—

(a)subject to [F101sections 38 and 39] of this Act, may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b)may refuse planning permission.

(2)In determining any application. . . F102 to which section 23 of this Act applies, the. . . F100 planning authority shall take into account any representations relating to that application which are received by them before [F103the expiry of any period prescribed under subsection (1)(h) of that section.]

(3)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b), (c) or (d) of section 24 of this Act, or by a certificate containing a statement in accordance with subsection (3)(b) of that section, the. . . F100 planning authority—

(a)in determining the application, shall take into account any representations relating thereto which are made to them, before the end of the period mentioned in subsection (4) of that section, by any person who satisfies them that he is an owner of any land to which the application relates or that he is the tenant of an agricultural holding any part of which is comprised in that land; and

(b)shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with the preceding paragraph.

(4)In determining any application for planning permission to which section 25 of this Act applies, the. . . F100 planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (3) of that section have elapsed.

[F104(4A)When granting an application for planning permission as regards any building or premises in relation to which a duty is imposed by any of sections 4, 5 and 7 to 8A of the M11Chronically Sick and Disabled Persons Act 1970 (facilities at premises open to the public to include, where reasonable and practicable, provision for the needs of the disabled etc.) the planning authority shall ensure that the applicant is aware of such duty.]

(5)Before a. . . F100 planning authority grant planning permission for the use of land as a caravan site, they shall, unless they are also the authority having power to issue a site licence for that land, consult the local authority having that power.

(6)In this section “site licence” means a licence under Part I of the M12Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.

Textual Amendments

Marginal Citations

27 Conditional grant of planning permission.S

(1)Without prejudice to the generality of section 26(1) of this Act, conditions may be imposed on the grant of planning permission thereunder—

(a)for regulating the development or use of any land under the control of the applicant (whether or not it is land in respect of which the application was made) or requiring the carrying out of works on any such land, so far as appears to the. . . F107 planning authority to be expedient for the purposes of or in connection with the development authorised by the permission;

(b)for requiring the removal of any buildings or works authorised by the permission, or the discontinuance of any use of land so authorised, at the end of a specified period, and the carrying out of any works required for the reinstatement of land at the end of that period:

Provided that conditions may not be imposed by a. . . F107 planning authority under paragraph (a) of this subsection for regulating the development or use of any land within the area of another. . . F107 planning authority except with the consent of that authority.

(2)[F108Subject to section 41A(6) of this Act, any] planning permission granted subject to such a condition as is mentioned in subsection (1)(b) of this section is in this Act referred to as “planning permission granted for a limited period”.

(3)Where—

(a)planning permission is granted for development consisting of or including the carrying out of building or other operations subject to a condition that the operations shall be commenced not later than a time specified in the condition (not being a condition attached to the planning permission by or under section 38 or 39 of this Act); and

(b)any building or other operations are commenced after the time so specified,

the commencement and carrying out of those operations do not constitute development for which that permission was granted.

Textual Amendments

Modifications etc. (not altering text)

C16S. 27(1)(a) modified by S.I. 1984/996, art. 2, Sch.

[F10927A Aftercare conditions on permission for winning and working of minerals.S

(1)Where planning permission for development consisting of the winning and working of minerals [F110or involving the depositing of refuse or waste materials] is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the planning authority think fit.

(2)In this Act—

  • “restoration condition” means a condition requiring that after [F111the winning and working is completed or the depositing has ceased], the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and

  • “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(a)use for agriculture;

(b)use for forestry; or

(c)use for amenity.

(3)An aftercare condition may either—

(a)specify the steps to be taken; or

(b)require that the steps be taken in accordance with a scheme (in this section referred to as an “aftercare scheme”) approved by the planning authority.

(4)A planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5)The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6)Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7)In subsection (6) of this section “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8)The power to prescribe maximum periods conferred by subsection (7) of this section includes power to prescribe maximum periods differing according to the use specified.

(9)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(10)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(11)Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(12)Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants.

(13)Before imposing an aftercare condition in a case where the use specified in the condition is for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.

(14)Where after consultations required by subsection (13) of this section the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(15)The planning authority shall also consult the Forestry Commission—

(a)as to the steps to be specified in an aftercare condition which specifies a use for forestry; and

(b)before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(16)The planning authority shall also, from time to time as they consider expedient, consult the Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(17)On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect.

(18)A person who has complied with an aftercare condition but who has not himself [F112won and worked minerals or deposited refuse or waste materials] shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred by him in complying with the aftercare condition.

(19)In this section “authorised” means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.]

Textual Amendments

28 Directions, etc. as to method of dealing with applications. S

(1)Subject to the provisions of section 26(2) to (5) of this Act, provision may be made by [F113regulations under this Act or] a development order for regulating the manner in which applications for planning permission to develop land are to be dealt with by. . . F114 planning authorities, and in particular—

(a)for enabling the Secretary of State to give directions restricting the grant of planning permission by the. . . F114 planning authority, either indefinitely or during such period as may be specified in the directions, in respect of any such development, or in respect of development of any such class, as may be so specified;

(b)for authorising the. . . F114 planning authority, in such cases and subject to such conditions as may be prescribed by [F115such regulations or the order], or by directions given by the Secretary of State thereunder, to grant planning permission for development which does not accord with the provisions of the development plan;

(c)for requiring the. . . F114 planning authority, before granting or refusing planning permission for any development, to consult with such authorities or persons as may be prescribed by [F115such regulations or the order] or by directions given by the Secretary of State thereunder;

(d)for requiring the. . . F114 planning authority to give to any applicant for planning permission, within such time as may be prescribed by [F115such regulations or the order], such notice as may be so prescribed as to the manner in which his application has been dealt with;

[F116(dd)for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed;]

(e)for requiring the. . . F114 planning authority to give to the Secretary of State and to such other persons as may be prescribed by or under [F115such regulations or the order], such information as may be so prescribed with respect to applications for planning permission made to the authority, including information as to the manner in which any such application has been dealt with.

[F117(2)The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by [F118regulations under this Act or]a development order as they apply in relation to applications for planning permission.]

[F119(3)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

C17S. 28 extended by S.I. 1988/1221, art. 5

[F12028A Permission to develop land without compliance with conditions previously attached.S

(1)This section applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted.

(2)Special provision may be made with respect to such applications—

(a)by regulations under section 22 of this Act as regards the form and content of the application, and

(b)by a development order as regards the procedure to be followed in connection with the application.

(3)On such an application the planning authority shall consider only the question of the conditions subject to which planning permission should be granted, and—

(a)if they decide that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, they shall grant planning permission accordingly, and

(b)if they decide that planning permission should be granted subject to the same conditions as those subject to which the previous permission was granted, they shall refuse the application.

(4)This section does not apply where the application is made after the previous planning permission has become time-expired, that is to say, the previous permission having been granted subject to a condition as to the time within which the development to which it related was to have begun, that time has expired without the development having been begun.]

Textual Amendments

[29F121Planning permission for development already carried out.S

(1)On an application made to a planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.

(2)Subsection (1) of this section applies to development carried out—

(a)without planning permission;

(b)in accordance with planning permission granted for a limited period; or

(c)without complying with some condition subject to which planning permission was granted.

(3)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

Textual Amendments

30 Provisions as to effect of planning permission.S

(1)Without prejudice to the provisions of this Part of this Act as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except in so far as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested therein.

(2)Where planning permission is granted for the erection of a building, the grant of permission may specify the purposes for which the building may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the building for the purpose for which it is designed.

[F12230A Date of planning permission.S

The date of the granting or of the refusal of any such application as is mentioned in section 23(2) of this Act shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.]

Textual Amendments

31 Information regarding, and registers of, applications and decisions.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(2)Every. . . F124 planning authority shall keep, in such manner as may be prescribed [F125by such regulations or the order], a register containing such information as may be so prescribed with respect to applications for planning permission made to that authority, including information as to the manner in which such applications have been dealt with. . . F126[F127and also containing such information as may be so prescribed with respect to simplified planning zone schemes relating to zones in the authority’s area].

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

(3)[F129Regulations under this Act or a development order] make provision for the register to be kept in two or more parts, each part containing such information relating to applications for planning permission made to the authority as may be prescribed by [F130such regulations or the order], and may also make provision—

(a)for a specified part of the register to contain copies of applications and of any plans or drawings submitted therewith; and

(b)for the entry relating to any application, and every thing relating thereto, to be removed from that part of the register when the application (including any appeal arising out of it) has been finally disposed of, without prejudice to the inclusion of any different entry relating thereto in another part of the register.

(4)Every register kept under this section shall be available for inspection by the public at all reasonable hours.

[F131(5)The provisions of this section shall apply in relation to applications for an approval required [F125by such regulations or the order] as they apply in relation to applications for planning permission.]

Textual Amendments

F127Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), 26(3), Sch. 6 Pt. IV para. 1

[F13231A Power of planning authorities to vary planning permission.S

Notwithstanding any other provision of this Part of this Act, a planning authority may, at the request of the grantee or of a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material.]

Textual Amendments

Secretary of State’s powers in relation to planning applications and decisionsS

32 Reference of applications to Secretary of State.S

(1)The Secretary of State may give directions requiring, [F133any such application as is mentioned in section 23(2) of this Act], to be referred to him instead of being dealt with by. . . F134 planning authorities.

(2)a direction under this section—

(a)may be given either to a particular. . . F134 planning authority or to. . . F134 planning authorities generally; and

(b)may relate either to a particular application or to applications of a class specified in the direction.

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

(4)Subject to subsection (5) of this section, where an application. . . F135 is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections [F13623(1)(f) and (h)], 24[F137 (2B), (2C), (2D) and (4)], 26 F138. . ., [F139 27(1), 27A, 28A and 29], shall apply, with any necessary modifications, as they apply to an application. . . F135 which falls to be determined by the. . . F134 planning authority ..

(5)Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F134 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

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

[F140(7)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

33 Appeals against planning decisions. S

(1)Where an application is made to a. . . F141 planning authority

[F142(a)for planning permission to develop land;

(b)for an approval of that authority required under a development order; or

(c)for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement] or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

(2)Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by [F143regulations under this Act or] a development order.

(3)Where an appeal is brought under this section from a decision of a. . . F141 planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . F141 planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

Provided that where the Secretary of State proposes to reverse or vary any part of the decision of the. . . F141 planning authority to which the appeal does not relate, he shall give notice of his intention to the. . . F141 planning authority and to the applicant and shall afford to them an opportunity to make representations in regard thereto.

(4)Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F141 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections [F14423,] 24, 26(1) and (3) [F145, 27(1) [F14627A and 28A][F146 , 27A and 29]] shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . F141 planning authority

(6)The decision of the Secretary of State on any appeal under this section shall be final.

(7)If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 26(1), [F147and 27(1)] of this Act [F148,any regulations made under this Act in that regard and of any development order] and to any directions given [F148under such regulations or such order], planning permission for that development—

(a)could not have been granted by the. . . F141 planning authority; or

(b)could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

[F149(7A)If at any time before or during the determination of an appeal under this section it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.]

(8)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

Textual Amendments

F146Words “27A and 28A” substituted for words “and 27A”by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 55, and by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 11(b)(iii) (and S.I.1992/334, art. 4, Sch. 2), it is provided that for “and 27A”there is substituted (26.3.1992) “, 27A and 29”

Modifications etc. (not altering text)

34 Appeal in default of planning decision. S

Where [F150any such application as is mentioned in section 33(1) of this Act is made to a planning authority], then unless within such period as may be prescribed by [F151regulations under this Act or a development order], or within such extended period as may at any time be agreed upon in writing between the applicant and the. . . F152 planning authority, the. . . F152 planning authority F153. . . —

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

[F154(ab)give notice to the applicant that they have exercised their power under section 26A of this Act to decline to determine the application; or]

(b)give notice to him that the application has been referred to the Secretary of State in accordance with directions given under section 32 of this Act,

the provisions of section 33 of this Act shall apply in relation to the application as if the permission or approval to which it relates had been refused by the. . . F152 planning authority, and as if notification of their decision had been received by the applicant at the end of the period prescribed by [F151regulations under this Act or a development order], or at the end of the said extended period, as the case may be.

Textual Amendments

Modifications etc. (not altering text)

F15535. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F15636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Deemed planning permissionS

37 Development by local authorities and statutory undertakers with sanction of government department. S

(1)Where the sanction of a government department. . . F157 is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority, that department may, on granting that sanction, direct that planning permission for that development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the directions.

(2)The provisions of this Act (except [F158Part] XII thereof) shall apply in relation to any planning permission deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act.

(3)For the purposes of this section development shall be taken to be sanctioned 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 for the borrowing of money for the purpose of the development, or 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 sanction of a government department shall be construed accordingly.

Textual Amendments

F158Words in s. 37(2) substituted (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para.9 (with s. 84(5)); S.I. 1991/2092, art.3

Modifications etc. (not altering text)

Duration of planning permissionS

38 Limit of duration of planning permission.S

(1)Subject to the provisions of this section, every planning permission granted or deemed to be granted shall be granted or, as the case may be, be deemed to be granted, subject to the condition that the development to which it relates must be begun not later than the expiration of—

(a)five years beginning with the date on which the permission is granted or, as the case may be, deemed to be granted; or

(b)such other period (whether longer or shorter) beginning with the said date as the authority concerned with the terms of the planning permission may direct, being a period which the authority considers appropriate having regard to the provisions of the development plan and to any other material considerations.

(2)If planning permission is granted without the condition required by subsection (1) of this section, it shall be deemed to have been granted subject to the condition that the development to which it relates must be begun not later than the expiration of five years beginning with the date of the grant.

(3)Nothing in this section applies—

(a)to any planning permission granted by a development order;

[F159(aa)to any planning permission granted by an enterprise zone scheme;]

[F160(ab)to any planning permission granted by a simplified planning zone scheme;]

(b)to any planning permission granted for a limited period;

[F161(bb)to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after—

(i)the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii)the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;]

(c)to any planning permission [F162for any development carried out before the grant of planning permission]

(d)to any outline planning permission, as defined by section 39 of this Act.

Textual Amendments

39 Outline planning permission.S

(1)In this section and section 38 of this Act “outline planning permission” means planning permission granted, in accordance with the provisions of [F163regulations under this Act or]a development order, with the reservation for subsequent approval by the. . . F164 planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.

(2)Subject to the provisions of this section, where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it shall be granted subject to conditions to the following effect—

(a)that, in the case of any reserved matter, application for approval must be made [F165before—

(i)the expiration of 3 years from the date of the grant of outline planning permission; or

(ii)the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii)the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest:

Provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above]; and

(b)that the development to which the permission relates must be begun not later than whichever is the later of the following dates—

(i)the expiration of five years from the date of the grant of outline planning permission; or

(ii)the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

(3)If outline planning permission is granted without the conditions required by subsection (2) of this section, it shall be deemed to have been granted subject to those conditions.

(4)The authority concerned with the terms of an outline planning permission may, in applying subsection (2) of this section, substitute, or direct that there be substituted, for the periods of three years, five years or two years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate.

(5)The said authority may, in applying the said subsection, specify, or direct that there be specified, separate periods under paragraph (a) of the subsection in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by paragraph (b) of the subsection shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole.

(6)In considering whether to exercise their powers under subsections (4) and (5) of this section, the said authority shall have regard to the provisions of the development plan and to any other material considerations.

Textual Amendments

40 Provisions supplementary to ss. 38 and 39.S

(1)For the purposes of sections 38 and 39 of this Act, development shall be taken to be begun on the earliest date on which any specified operation comprised in the development begins to be carried out.

(2)In subsection (1) of this section “specified operation” means any of the following, that is to say—

(a)any work of construction in the course of the erection of a building;

(b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building;

(c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in the last preceding paragraph;

(d)any operation in the course of laying out or constructing a road or part of a road;

(e)any change in the use of any land, where that change constitutes material development.

(3)In subsection (2)(e) of this section “material development” means any development other than—

(a)development for which planning permission is granted by a general development order for the time being in force and which is carried out so as to comply with any condition or limitation subject to which planning permission is so granted;

[F166(b)development of a class specified in paragraph 1 or 2 of Schedule 6 to this Act;]

(c)development of any class prescribed for the purposes of this subsection;

and in this subsection “general development order” means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.

(4)The authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F167 planning authority or the Secretary of State, in the case of planning permission granted by them, and—

(a)in the case of planning permission under section 37 of this Act is the department on whose direction planning permission is deemed to be granted; and

(b)in the case of planning permission granted on an appeal determined, under paragraph 1 or 4 of Schedule 7 to this Act, by a person appointed by the Secretary of State to determine the appeal, is that person.

(5)For the purposes of section 39 of this Act, a reserved matter shall be treated as finally approved when an application for approval is granted or, in a case where the application is made to the. . . F167 planning authority and there is an appeal to the Secretary of State against the authority’s decision on the application and the Secretary of State or a person appointed by him under paragraph 1 or 4 of Schedule 7 to this Act to determine the appeal grants the approval, on the date of the determination of the appeal by the Secretary of State or that person.

(6)Where a. . . F167 planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of sections 38 or 39 of this Act to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 33 of this Act against the decision of the authority.

(7)In the case of planning permission (whether outline or other) having conditions attached to it by or under section 38 or 39 of this Act—

(a)development carried out after the date by which the conditions of the permission require it to be carried out shall be treated as not authorised by the permission; and

(b)an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission.

Textual Amendments

41 Termination of planning permission by reference to time limit.S

(1)The following provisions of this section shall have effect where, by virtue of section 38 or 39 of this Act, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period and that development has been begun within that period but the period has elapsed without the development having been completed.

(2)If the. . . F168 planning authority are of opinion that the development will not be completed within a reasonable period, they may serve a notice (in this section referred to as a “completion notice”) stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice, being a period of not less than twelve months after the notice takes effect.

(3)a completion notice—

(a)shall be served on the owner and on the occupier of the land and on any other person who in the opinion of the. . . F168 planning authority will be affected by the notice; and

(b)shall take effect only if and when it is confirmed by the Secretary of State, who may in confirming it substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect.

(4)If, within such period as may be specified in a completion notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall afford to that person and to the. . . F168 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)If a completion notice takes effect, the planning permission therein referred to shall at the expiration of the period specified in the notice, whether the original period specified under subsection (2) of this section or a longer period substituted by the Secretary of State under subsection (3) of this section, be invalid except so far as it authorises any development carried out thereunder up to the end of that period.

(6)The. . . F168 planning authority may withdraw a completion notice at any time before the expiration of the period specified therein as the period at the expiration of which the planning permission is to cease to have effect; and if they do so they shall forthwith give notice of the withdrawal to every person who was served with the completion notice.

Textual Amendments

[F16941A Limit of duration of planning permission for winning and working of minerals.S

(1)Every planning permission for development [F170—

(a)consisting of the winning and working of minerals; or

(b)involving the depositing of mineral waste,]

shall be subject to a condition as to the duration of the development.

(2)Except where a condition is specified under subsection (3) of this section the condition in the case of planning permission granted or deemed to be granted after the date of the commencement of section 24 of the M14Town and Country Planning (Minerals) Act 1981 is that the [F171winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of the period of sixty years beginning with the date of the permission.

(3)An authority granting planning permission after the date of the commencement of the said section 24 or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than sixty years, and if they do so, the condition is that the [F171winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of a period of the specified length beginning with the date of the permission.

(4)A longer or shorter period than sixty years may be prescribed for the purposes of subsections (2) and (3) of this section.

(5)The condition in the case of planning permission granted or the commencement of section 24 of the M15Town and Country Planning (Minerals) Act 1981 is that the [F171winning and working of minerals or the depositing of mineral waste] must cease not later than the expiration of the period of sixty years beginning with the date of the commencement of that section.

(6)A condition to which planning permission for development [F172. . .] is subject by virtue of this section is not to be regarded for the purposes of this Act as a condition such as is mentioned in subsection (1)(b) of section 27 of this Act.

(7)Where planning permission for development [F172. . .] is granted by the planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 33 of this Act as a condition imposed by a decision of the planning authority, and may accordingly be the subject of an appeal under that section.]

Textual Amendments

F170Words in s. 41A(1) substituted (24.1.1992) by Planning and COmpensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 4(1) (with s. 84(5)); S.I. 1992/71, art.2

Marginal Citations

Revocation or modification of planning permissionS

42 Power to revoke or modify planning permission.S

(1)If it appears to the. . . F173 planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part of this Act, the authority, subject to the following provisions of this section, may by order revoke or modify the permission to such extent as (having regard to those matters) they consider expedient.

(2)Except as provided in section 43 of this Act, an order under this section shall not take effect unless it is confirmed by the Secretary of State; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.

(3)Where a. . . F173 planning authority submit an order to the Secretary of State for his confirmation under this section, the authority shall serve notice on the owner, on the lessee and on the occupier of the land affected and on any other person who in their opinion will be affected by the order; and if within such period as may be specified in that notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F173 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)The power conferred by this section to revoke or modify permission to develop land may be exercised—

(a)where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed;

(b)where the permission relates to a change of the use of any land, at any time before the change has taken place:

Provided that the revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has been carried out before the date on which the order was confirmed as aforesaid.

[F174(5)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

(6)Subsections (3) to (19) of section 27A of this Act shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under that section.]

Textual Amendments

43 Unopposed revocation or modification.S

(1)The following provisions shall have effect where the. . . F175 planning authority have made an order under section 42 of this Act but have not submitted the order to the Secretary of State for confirmation by him, and—

(a)the owner, the lessee and the occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to the order;. . . F176.

(2)The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—

(a)the period (not being less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose; and

(b)the period (not being less than fourteen days from the expiration of the period referred to in paragraph (a) of this subsection) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section and without being confirmed by the Secretary of State.

(3)The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(a) of this section,. . . F176.

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

(5)If within the period referred to in subsection (2)(a) of this section no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid, and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in subsection (2)(b) of this section, take effect by virtue of this section and without being confirmed by the Secretary of State as required by section 42(2) of this Act.

(6)This section does not apply to an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part of this Act or under Part IV or V thereof; nor does it apply to an order modifying any conditions to which a planning permission is subject by virtue of section 38 or 39 of this Act.

Textual Amendments

Reference of certain matters to Planning Inquiry Commission or independent tribunalU.K.

44 Constitution of Planning Inquiry Commission.S

(1)The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under section 45 of this Act.

(2)Any such commission shall consist of a chairman and not less than two nor more than four other members appointed by the Secretary of State.

(3)The Secretary of State may pay to the members of any such commission such remuneration and allowances as he may with the consent of [F177the Treasury] determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(4)The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178

Textual Amendments

F177Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

45 References to a Planning Inquiry Commission. S

(1)The following matters may, in the circumstances mentioned in subsection (2) of this section, be referred to a Planning Inquiry Commission, that is to say—

(a)an application for planning permission which the Secretary of State has under section 32 of this Act directed to be referred to him instead of being dealt with by a. . . F179 planning authority;

(b)an appeal under section 33 of this Act (including that section as applied by or under any other provision of this Act);

(c)a proposal that a government department should give a direction under section 37 of this Act that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department;

(d)a proposal that development should be carried out by or on behalf of a government department.

(2)Any of the matters mentioned in subsection (1) of this section may be referred to any such commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds—

(a)there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation thereof cannot be made unless there is a special inquiry for the purpose;

(b)the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose.

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

(4)Where a matter referred to a commission under this section relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

(5)The responsible Minister or Ministers shall, on referring a matter to a commission under this section, state in the reference the reasons therefor and may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

(6)a commission inquiring into a matter referred to them under this section shall—

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

(b)thereafter, if the applicant, in the case of a matter mentioned in subsection (1)(a), (b) or (c) of this section, or the. . . F179 planning authority in any case so desire, afford to each of them, and, in the case of an application or appeal mentioned in the said subsection (1)(a) or (b), to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act, an opportunity of appearing before and being heard by one or more members of the commission;

(c)report to the responsible Minister or Ministers on the matter referred to them.

(7)Any such commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

(8)Schedule 8 to this Act shall have effect for the construction of references in this section and in section 46 of this Act to “the responsible Minister or Ministers”.

Textual Amendments

Modifications etc. (not altering text)

46 Procedure on reference to a Planning Inquiry Commission. S

(1)A reference to a Planning Inquiry Commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time and a reference of any other matter mentioned in section 45 of this Act may be made at any time before, but not after, the determination of the relevant application referred under section 32 of this Act or the relevant appeal under section 33 of this Act or, as the case may be, the giving of the relevant direction under section 37 of this Act, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

(2)Notice of the making of a reference to any such commission shall be published in the prescribed manner, and a copy of the notice shall be served on the. . . F180 planning authority for the area in which it is proposed that the relevant development shall be carried out, and—

(a)in the case of an application for planning permission referred under section 32 of this Act or an appeal under section 33 of this Act, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 26(2) or (3) of this Act;

(b)in the case of a proposal that a direction should be given under section 37 of this Act with respect to any development, on the local authority or statutory undertakers applying for sanction to carry out that development.

(3)A Planning Inquiry Commission shall, for the purpose of complying with section 45(6)(b) of this Act, hold a local inquiry; and they may hold such an inquiry, if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the. . . F180 planning authority desire an opportunity of appearing and being heard.

(4)Where a Planning Inquiry Commission are to hold a local inquiry under subsection (3) of this section in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this section to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(5)An inquiry held by such a commission under this section shall be treated for the purposes of the M16Tribunals and Inquiries Act 1971 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

(6)Subsections (4) to (9) of section 267 of this Act (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under subsection (3) of this section as they apply to an inquiry held under that section.

(7)Subject to the provisions of this section and to any directions given to them by the responsible Minister or Ministers, a Planning Inquiry Commission shall have power to regulate their own procedure.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

47 Commissions to inquire into planning matters affecting Scotland and England.U.K.

(1)The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under this section; and the matters which may be so referred are those which may, under section 45 of this Act or [F181section 101 of the Town and Country Planning Act 1990], be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England.

(2)a Joint Planning Inquiry Commission shall consist of a chairman and not less than two nor more than four other members appointed by the Ministers.

(3)The Ministers may pay to the members of any such commission such remuneration and allowances as they may with the consent of [F182the Treasury] determine, and may provide for each such commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(4)The validity of any proceedings of any such commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

(6)In this section “the Ministers” means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly; but their functions under subsection (3) of this section may, by arrangements made between them, be exercised by either acting on behalf of both.

(7)Schedule 9 to this Act shall have effect with respect to the Joint Planning Inquiry Commissions and references to them under this section, and with respect to the proceedings of a commission on any such reference.

Textual Amendments

F182Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

48 F184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Additional powers of controlS

49 Orders requiring discontinuance of use or alteration or removal of buildings or works.S

(1)If it appears to a. . . F185 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

(a)that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

(b)that any buildings or works should be altered or removed,

the. . . F185 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

[F186(1A)For the purposes of this section development consisting of the winning and working of minerals [F187or involving the deposit of refuse or waste materials] in, on or under any land is to be treated as a use of that land.

(1B)Subsection (1) of this section shall have effect as if—

(a)the words “or

(c)that any plant or machinery used for the winning and working [F188or depositing]should be altered or removed,”were added at the end of paragraph (b); and

(b)the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.

(1C)Where development consisting of the winning and working of minerals [F189or involving the deposit of refuse or waste materials] is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

(1D)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

[F190(1E)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a)required by section 41A of this Act; or

(b)specified in the order.]

(1F)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately [F191before the development began] or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(1G)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]

(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F185 planning authority on an application made under this Part of this Act.

[F192(3)The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

(3A)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

(4)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(5)Where a. . . F185 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F185 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)Where an order under this section has been confirmed by the Secretary of State, the. . . F185 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

(7)[F193Subject to subsection (7A) of this section,]where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F185 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

[F194(7A)Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.]

(8)In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F185 planning authority making the order.

Textual Amendments

F192S. 49(3)(3A) substituted (26.3.1992) for s. 49(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.16, (with s. 84(5)); 1992/334, art. 4, Sch. 2

[F19549A Prohibition of resumption of winning and working of minerals.S

[F196(1)Where it appears to the planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has permanently ceased,

the planning authority may by order—

(i)prohibit the resumption of the winning and working or the depositing; and

(ii)impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.

(2)The planning authority may assume that the winning and working or the depositing has permanently ceased only when—

(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3)The requirements mentioned in subsection (1) of this section are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.]

(4)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition;

or

(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act.

(5)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an after-care condition imposed under this section as they apply in relation to such a condition imposed under that section.

(6)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(7)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(8)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(9)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, that authority shall serve notice of the order on any person who is an owner or occupier of any of the land to which the order relates, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(10)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.

(11)On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals [F197or involving the depositing of mineral waste].]

Textual Amendments

[49BF198Orders after suspension of winning and working of minerals.S

F199(1)Where it appears to the planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has been temporarily suspended,

the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.

(2)The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but

(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(3)In this Act “steps for the protection of the environment” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.]

(4)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any step required for the protection of the environment is to be taken, and may specify different periods for the taking of different steps.

(5)At any time when a suspension order is in operation the planning authority may by order (in this Act referred to as a “supplementary suspension order”) direct—

(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous supplementary suspension order specified as required to be taken; or

(b)that the suspension order or any supplementary suspension order shall cease to have effect.

Textual Amendments

[49CF200Confirmation and coming into operation of suspension orders.S

(1)Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient

(2)Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.

(3)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.]

Textual Amendments

[49DF201Registration of suspension orders.S

No order under section 49A or 49B of this Act shall take effect until it is registered either—

(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or

(b)in any other case, in the appropriate division of the General Register of Sasines.]

Textual Amendments

[49EF202Reviews of suspension orders.S

(1)It shall be the duty of a planning authority—

(a)to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

(b)to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—

(i)an order under section 49A of this Act; or

(ii)a supplementary suspension order.

(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

(3)Each subsequent review shall be undertaken not more than five years after the previous review.

(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5)If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.

(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.

(7)Each subsequent review shall be undertaken not more than five years after the previous review.

(8)The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.]

Textual Amendments

[49FF203Resumption of winning and working of minerals after suspension order.S

(1)Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals [F204or involving the depositing of mineral waste at the site]] in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.

(2)A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence [F205the development].

[F206(3)The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.]

(4)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(5)Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.

(6)If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

[F207(7)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.]

(8)If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.

Textual Amendments

[49GF208Powers of regional planning authorities regarding orders under sections 49A or 49B.S

The provisions of section 181 of the M17Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.]

Textual Amendments

Marginal Citations

[F20949H Old mining permissions.S

(1)In this section and Schedule 10A to this Act, “old mining permission” means any planning permission for development—

(a)consisting of the winning and working of minerals, or

(b)involving the depositing of mineral waste,

which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to this Act (development authorised under interim development orders after 10th November 1943).

(2)An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.

(3)If no such development has, at any time in the period of two years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after the coming into force of this section unless—

(a)the permission has effect in accordance with subsection (2) above; and

(b)the development is carried out after such an application is finally determined.

(4)An old mining permission shall—

(a)if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made, and

(b)if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

(5)An old mining permission shall, if—

(a)such an application is granted; but

(b)an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,

cease to have effect on the day following the last date on which the application to determine those conditions may be served.

(6)Subject to subsection (3) above, this section—

(a)shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and

(b)shall not affect any order made or having effect as if made under section 49 or 49A to 49F of this Act (discontinuance, etc., orders).]

Textual Amendments

50 Agreements regulating development or use of land.S

(1)A. . . F210 planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F210 planning authority to be necessary or expedient for the purposes of the agreement.

(2)An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines [F211or, as the case may be, registered in the Land Register of Scotland,], be enforceable at the instance of the. . . F210 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:

Provided that no such agreement shall at any time be enforceable against a third party who shall have in bona fide onerously acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid or against any person deriving title from such third party.

(3)Nothing in this section or in any agreement made thereunder shall be construed—

(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.

[F212(4)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

Additional powers of controlS

49 Orders requiring discontinuance of use or alteration or removal of buildings or works.S

(1)If it appears to a. . . F185 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

(a)that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

(b)that any buildings or works should be altered or removed,

the. . . F185 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

[F186(1A)For the purposes of this section development consisting of the winning and working of minerals [F187or involving the deposit of refuse or waste materials] in, on or under any land is to be treated as a use of that land.

(1B)Subsection (1) of this section shall have effect as if—

(a)the words “or

(c)that any plant or machinery used for the winning and working [F188or depositing]should be altered or removed,”were added at the end of paragraph (b); and

(b)the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.

(1C)Where development consisting of the winning and working of minerals [F189or involving the deposit of refuse or waste materials] is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

(1D)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

[F190(1E)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a)required by section 41A of this Act; or

(b)specified in the order.]

(1F)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately [F191before the development began] or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(1G)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]

(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F185 planning authority on an application made under this Part of this Act.

[F192(3)The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

(3A)Planning permission for such development may be granted so as to have effect from—

(a)the date on which the development was carried out; or

(b)if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

(4)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(5)Where a. . . F185 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F185 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6)Where an order under this section has been confirmed by the Secretary of State, the. . . F185 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

(7)[F193Subject to subsection (7A) of this section,]where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F185 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

[F194(7A)Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.]

(8)In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F185 planning authority making the order.

Textual Amendments

F192S. 49(3)(3A) substituted (26.3.1992) for s. 49(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.16, (with s. 84(5)); 1992/334, art. 4, Sch. 2

[F19549A Prohibition of resumption of winning and working of minerals.S

[F196(1)Where it appears to the planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has permanently ceased,

the planning authority may by order—

(i)prohibit the resumption of the winning and working or the depositing; and

(ii)impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.

(2)The planning authority may assume that the winning and working or the depositing has permanently ceased only when—

(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3)The requirements mentioned in subsection (1) of this section are—

(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d)a restoration condition.]

(4)An order under this section may include any such aftercare condition as the planning authority think fit if—

(a)it also includes a restoration condition;

or

(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act.

(5)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an after-care condition imposed under this section as they apply in relation to such a condition imposed under that section.

(6)In a case where—

(a)the use specified is a use for agriculture; and

(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c)the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(7)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.

(8)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(9)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, that authority shall serve notice of the order on any person who is an owner or occupier of any of the land to which the order relates, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(10)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.

(11)On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals [F197or involving the depositing of mineral waste].]

Textual Amendments

[49BF198Orders after suspension of winning and working of minerals.S

F199(1)Where it appears to the planning authority—

(a)that development of land—

(i)consisting of the winning and working of minerals; or

(ii)involving the depositing of mineral waste,

has occurred; but

(b)the winning and working or depositing has been temporarily suspended,

the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.

(2)The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but

(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(3)In this Act “steps for the protection of the environment” means steps for the purpose—

(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

(b)of protecting that area from damage during that period; or

(c)of preventing any deterioration in the condition of the land during that period.]

(4)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any step required for the protection of the environment is to be taken, and may specify different periods for the taking of different steps.

(5)At any time when a suspension order is in operation the planning authority may by order (in this Act referred to as a “supplementary suspension order”) direct—

(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous supplementary suspension order specified as required to be taken; or

(b)that the suspension order or any supplementary suspension order shall cease to have effect.

Textual Amendments

[49CF200Confirmation and coming into operation of suspension orders.S

(1)Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient

(2)Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.

(3)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.]

Textual Amendments

[49DF201Registration of suspension orders.S

No order under section 49A or 49B of this Act shall take effect until it is registered either—

(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or

(b)in any other case, in the appropriate division of the General Register of Sasines.]

Textual Amendments

[49EF202Reviews of suspension orders.S

(1)It shall be the duty of a planning authority—

(a)to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and

(b)to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—

(i)an order under section 49A of this Act; or

(ii)a supplementary suspension order.

(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.

(3)Each subsequent review shall be undertaken not more than five years after the previous review.

(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5)If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.

(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.

(7)Each subsequent review shall be undertaken not more than five years after the previous review.

(8)The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.]

Textual Amendments

[49FF203Resumption of winning and working of minerals after suspension order.S

(1)Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals [F204or involving the depositing of mineral waste at the site]] in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.

(2)A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence [F205the development].

[F206(3)The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.]

(4)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(5)Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.

(6)If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

[F207(7)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.]

(8)If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.

Textual Amendments

[49GF208Powers of regional planning authorities regarding orders under sections 49A or 49B.S

The provisions of section 181 of the M17Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.]

Textual Amendments

Marginal Citations

50 Agreements regulating development or use of land.S

(1)A. . . F210 planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F210 planning authority to be necessary or expedient for the purposes of the agreement.

(2)An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines [F211or, as the case may be, registered in the Land Register of Scotland,], be enforceable at the instance of the. . . F210 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:

Provided that no such agreement shall at any time be enforceable against a third party who shall have in bona fide onerously acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid or against any person deriving title from such third party.

(3)Nothing in this section or in any agreement made thereunder shall be construed—

(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or

(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.

[F212(4)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

Determination whether planning permission requiredS

51 Applications to determine whether planning permission required. S

(1)If any person who proposes to carry out any operations on land, or to make any change in the use of land, wishes to have it determined whether the carrying out of those operations, or the making of that change, would constitute or involve development of the land [F213and, if so, whether an application for planning permission in respect thereof is required under this Part of this Act, having regard to the provisions of the development order and of any enterprise zone scheme [F214or simplified planning zone scheme]], he may, either as part of an application for planning permission, or without any such application, apply to the. . . F215 planning authority to determine that question.

(2)The provisions of sections 21, 26(1), 28(1), 31(2) and (4) and 32 to 34 of this Act shall, subject to any necessary modifications, apply in relation to any application under this section, and to the determination thereof, as they apply in relation to applications for planning permission and to the determination of such applications.

(3)Where it is decided by the Secretary of State under any of the said provisions that any operations or use to which an application under this section relates would constitute or involve development, that decision shall not be final for the purposes of any appeal under the provisions of this Act relating to the enforcement of planning control, in relation to those operations or that use.

Textual Amendments

Modifications etc. (not altering text)

C30S. 51: power to modify or exclude conferred by Town and Country Planning Act 1984 (c. 10, SIF 123:2), ss. 1(5), 4(1)

C32S. 51 modified by S.I. 1984/996, art. 2, Sch.

Part IVS Additional Control in Special Cases

Buildings of special architectural or historic interestS

52 Lists of buildings of special architectural or historic interest.S

(1)For the purposes of this Act and with a view to the guidance of. . . F216 planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

(2)In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

(a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

(b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

(3)Before compiling or approving, with or without modifications, any list under this section, or amending any list thereunder the Secretary of State shall consult with such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

(4)As soon as may be after any list has been compiled or approved under this section, or any amendments of such a list have been made, a copy of so much of the list as relates to the district of [F217any regional, general or district planning authority within the meaning of Part IX of the M18Local Government (Scotland) Act 1973] or the local authority for the purposes of the Housing (Scotland) Acts 1966 to 1969, or of so much of the amendments as relates thereto, as the case may be, certified by or on behalf of the Secretary of State to be a true copy thereof, shall be deposited with the clerk of that authority.

(5)As soon as may be after the inclusion of any building in a list under this section, whether on the compilation or approval of the list or by the amendment thereof, or as soon as may be after any such list has been amended by the exclusion of any building therefrom, the. . . F216 planning authority concerned in whose district the building is situated, on being informed of the fact by the Secretary of State, shall serve a notice in the prescribed form on every owner, lessee and occupier of the building, stating that the building has been included in, or excluded from, the list, as the case may be.

(6)The Secretary of State shall keep available for public inspection, free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under this section; and every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

(7)In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; [F218and, for the purposes of the provisions of this Act relating to listed buildings and building preservation notices, the following shall be treated as part of the building—

(a)any object or structure fixed to the building;

(b)any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so much before 1st July 1948.]

(8)Every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Act of 1947 but was not then included in a list compiled or approved under section 28 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the. . . F216 planning authority in whose district the building is situated, on being notified of the Secretary of State’s direction, shall give notice of it to the owner, lessee and occupier of the building.

(9)Before giving a direction under subsection (8) of this section in relation to a building, the Secretary of State shall consult with the. . . F216 planning authority and with the owner, lessee and occupier of the building.

Textual Amendments

F218Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2),s. 50, Sch. 9 Pt. II para. 13(1)

Modifications etc. (not altering text)

C33Definition of 'listed building' in s. 52 applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 19(1)(c) (with s. 37(4)); S.I. 1991/2508, art.2

Marginal Citations

53 Control of works for demolition, alteration or extension of listed buildings S

(1)Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under [F219subsection (2) of this section], he shall be guilty of an offence.

(2)Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act only if—

(a)the. . . F220 planning authority or the Secretary of State have granted written consent (in this Act referred to as “listed building consent”) for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 54 of this Act; and

(b)in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

(i)for a period of at least three months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

(ii)the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission’s behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

[F221(2A)If written consent is granted by the planning authority or the Secretary of State for the retention of works for the demolition, alteration or extension of a listed building which have been executed without consent under subsection (2) of this section, the works are authorised under this Part of this Act from the grant of the consent under this subsection.]

(3)In subsection (2) of this section “the Royal Commission” means the Royal Commission on the Ancient and Historical Monuments of Scotland; but the Secretary of State may, by order provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

[F222(3A)Consent under subsection (2) or (2A) of this section is referred to in this Part of this Act as “building consent”.]

(4)Without prejudice to subsection (1) of this section, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent under section 54 of this Act, he shall be guilty of an offence.

[F223(5)A person who is guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,0, or both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both;

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

[F224(6)In proceedings for an offence under this section it shall be a defence to prove the following matters—

(a)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

(b)that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

(c)that the works carried out were limited to the minimum measures immediately necessary, and

(d)that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.]

Textual Amendments

Modifications etc. (not altering text)

54 Provisions supplementary to s. 53.S

(1)Section 53 of this Act shall not apply to works for the demolition, alteration or extension of—

(a)an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

[F225(b)a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M19Ancient Monuments and Archaeological Areas Act 1979].

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226

(3)In considering whether to grant planning Permission for development which [F227affects a listed building or its setting], and in considering whether to grant listed building consent for any works, the. . . F228 planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building [F229or its setting] or any features of special architectural or historic interest which it possesses.

[F230(4)Listed building consent may be granted subject to conditions; and, without prejudice to the generality of the foregoing provisions of this subsection, the conditions may] include conditions with respect to—

(a)the preservation of particular features of the building, either as part of it or after severance therefrom;

(b)the making good, after the works are completed, of any damage caused to the building by the works;

(c)the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

[F231(4A)Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.]

[F232(5)In granting a listed building consent a planning authority may attach to the consent a condition that no demolition of the listed building shall take place until either or both of the following requirements have been met—

(a)an agreement for the regulation of the development of the site of the listed building has been made and recorded under section 50 of this Act;

(b)the planning authority are satisfied that contracts have been placed either—

(i)for the redevelopment of the site; or

(ii)for its conversion to an acceptable open space,

in accordance with a current planning permission.]

(6)Part I of Schedule 10 to this Act shall have effect with respect to applications to. . . F228 planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a. . . F228 planning authority or the Secretary of State.

Textual Amendments

Marginal Citations

[F23354A Limit on duration of listed building consent.S

(1)Any listed building consent granted after the commencement of this section shall be granted subject to a condition that works permitted by that consent shall be commenced within such period as the planning authority may specify in the consent.

(2)If no time limit is specified in any grant of listed building consent under subsection (1) above, the grant shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced with 5 years from the date of the grant.

(3)Any grant of listed building consent made prior to 1st January 1980 which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been granted subject to a condition that works in terms thereof shall be commenced within 3 years of the commencement of this section.

(4)Any grant of listed building consent made on or after 1st January 1980 but before the commencement of this section which does not contain such a condition as is mentioned in subsection (1) above shall be deemed to have been made subject to a condition that works in terms thereof shall be commenced within 5 years of the commencement of this section.]

[F234(5)Nothing in this section applies to any consent to the retention of works granted under section 53(2A) of this Act.]]

Textual Amendments

54B [F235Date of listed building consent.S

The date of the granting or of the refusal of an application for listed building consent shall be the date on which the notice of the planning authority’s decision bears to have been signed on behalf of the authority.

Textual Amendments

F235Ss. 54A, 54B inserted by Local Government and Planning (Scotland) Act (c. 43), Sch. 2 para. 16

[F23654C Intimation of notices etc. affecting listed buildings.S

(1)Subject to subsection (2) below, where a local authority—

(a)have, under or by virtue of any enactment, served a notice requiring any person to show cause why a listed building should not conform to the building regulations; or

(b)have, under or by virtue of any enactment, served a notice or made an order requiring—

(i)the demolition of such a building; or

(ii)the carrying out of works affecting such a building; or

(c)propose (whether under or by virtue of any enactment or otherwise) to carry out emergency works or demolitions affecting such a building,

they shall forthwith give written intimation of the notice, order, or proposal, as the case may be, to the planning authority:

Provided that where the building is owned, leased or occupied by the planning authority, the local authority (whether or not they are the planning authority) shall also give such intimation to the Secretary of State.

(2)Where the safety of the public requires that any demolition or works be carried out without such delay as would result from compliance with the provisions of subsection (1) above, the intimation (which may, in such a case, initially be oral) shall be given as long before the commencement of the demolition or works as is consistent with that requirement.]

Textual Amendments

[F23754D Application for variation or discharge of conditions.S

(1)Any person interested in a listed building with respect to which listed building consent has been granted subject to conditions may apply to the planning authority for the variation or discharge of the conditions.

(2)The application shall indicate what variation or discharge of conditions is applied for and the provisions of Part I of Schedule 10 to this Act apply to such an application as they apply to an application for listed building consent.

(3)On such an application the planning authority or, as the case may be, the Secretary of State may vary or discharge the conditions attached to the consent, and may add new conditions consequential upon the variation or discharge, as they or he think fit.]

Textual Amendments

55 Acts causing or likely to result in damage to listed buildings.S

(1)Where a building, not being a building excluded by section 54(1) of this Act from the operation of section 53 of this Act, is included in a list compiled or approved under section 52 of this Act, then, if any person who, but for this section, would be entitled to do so, does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works) and he does or permits it with the intention of causing such damage, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F238level 3 on the standard scale].

(2)In subsection (1) of this section “excepted works” means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.

(3)Where a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding [F239£40] for each day on which the failure continues.

Textual Amendments

F239 “£40” substituted by Housing and Planning Act (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 44(1)(2)

56 Building preservation notice in respect of building not listed.S

(1)If it appears to the. . . F240 planning authority, in the case of a building in their district which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) of this section) serve on the owner, lessee and occupier of the building a notice (in this section referred to as a “building preservation notice”)—

(a)stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 52 of this Act; and

(b)explaining the effect of subsections (3) and (4) of this section.

(2)a building preservation notice shall not be served in respect of an excepted building, that is to say—

(a)an ecclesiastical building which is for the time being used for ecclesiastical purposes; or

[F241(b)a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M20Ancient Monuments and Archaeological Areas Act 1979].

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(3)a building preservation notice shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 52 of this Act or notifies the. . . F240 planning authority in writing that he does not intend to do so.

(4)While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 55) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 52), the provisions of Part III of Schedule 10 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

(5)If, following the service of a building preservation notice, the Secretary of State notifies the. . . F240 planning authority that he does not propose to include the building in a list compiled or approved under section 52 of this Act, the authority—

(a)shall forthwith give notice of the Secretary of State’s decision to the owner, lessee and occupier of the building; and

(b)shall not, within the period of twelve months beginning with the date of the Secretary of State’s notification, serve another such notice in respect of the said building.

(6)If it appears to the. . . F240 planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.

Textual Amendments

Marginal Citations

[F24256AA Power to restrict exemption of certain ecclesiastical buildings.S

(1)The Secretary of State may by order provide for restricting or excluding in such cases as may be specified in the order the operation in relation to ecclesiastical buildings of sections 54(1) and 56(2) of this Act (buildings excepted from provisions relating to listed buildings and building preservation notices).

(2)An order under this section may—

(a)make provision for buildings generally, for descriptions of building or for particular buildings;

(b)make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

(c)make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 52(7) of this Act) as may be made in relation to a building and make different provision for different parts of the same building;

(d)make different provision with respect to works of different descriptions or according to the extent of the works;

(e)make such consequential adaptations or modifications of the operation of any other provision of this Act, or of any instrument made under this Act, as appear to the Secretary of State to be appropriate.

(3)This section is without prejudice to the Church of Scotland Act M211921.]

Textual Amendments

Marginal Citations

[F243 Hazardous substances]]S

Textual Amendments

F243Ss. 56A–56O inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

56A [F244Hazardous substances.S

(1)Subject to subsection (2) of this section [F245and to section 56B below], it shall be the duty of the planning authority to control hazardous substances in accordance with the provisions of this Act.

(2)An urban development corporation shall control hazardous substances in their area if they are the planning authority in relation to all kinds of development.

Textual Amendments

Prospective

[F24656B Hazardous substances—statutory undertakers.S

(1)The appropriate Minister shall be the planning authority in respect of hazardous substances in relation to land to which this section applies.

(2)This section applies—

(a)to operational land of statutory undertakers;

(b)to land in which statutory undertakers hold, or propose to acquire, an interest with a view to the land being used as operational land.

(3)For the purposes of this section any land to which this subsection applies but which is not operational land of statutory undertakers authorised to carry on a harbour shall be treated as if it were such operational land.

(4)Subsection (3) above applies—

(a)to a wharf; and

(b)to harbour land,

as defined in the M22Harbours Act 1964.

(5)Any question whether subsection (3) above applies to land shall be determined by the Secretary of State and the Minister who is the appropriate Minister in relation to operational land of statutory undertakers who are authorised to carry on harbour undertakings.]

Textual Amendments

Marginal Citations

Prospective

[F24756C Requirement of hazardous substances consent.S

(1)Subject to the provisions of this Part of this Act, the presence of a hazardous substance on, over or under land requires the consent of the planning authority (in this Act referred to as “hazardous substances consent”) unless the aggregate quantity of the substance—

(a)on, under or over the land;

(b)on, under or over other land which is within 500 metres of it and controlled by the same person; or

(c)in or on a structure controlled by the same person any part of which is within 500 metres of it,

is less than the controlled quantity.

(2)The temporary presence of a hazardous substance while it is being transported from one place to another is not to be taken into account unless it is unloaded.

(3)The Secretary of State—

(a)shall by regulations specify—

(i)the substances that are hazardous substances for the purposes of this Act;

(ii)the quantity which is to be the controlled quantity of any such substance;

(b)may by regulations provide that hazardous substances consent is not required or is only required—

(i)in relation to land of prescribed descriptions;

(ii)by reason of the presence of hazardous substances in prescribed circumstances;

(c)may by regulations provide that, except in such circumstances as may be prescribed, all hazardous substances falling within a group specified in the regulations are to be treated as a single substance for the purposes of this Act.

(4)Regulations which—

(a)are made by virtue of sub-paragraph (i) of subsection (3)(a) above; or

(b)are made by virtue of sub-paragraph (ii) of that paragraph and reduce the controlled quantity of a substance,

may make such transitional provision as appears to the Secretary of State to be appropriate.

(5)The power to make such transitional provision includes, without prejudice to its generality, power to apply section 38 of the Housing and Planning Act 1986 subject to such modifications as appear to the Secretary of State to be appropriate.

(6)Regulations under this section may make different provision for different cases or descriptions of cases.

(7)Bodies corporate which are inter-connected for the purposes of the Fair Trading Act 1973 are to be treated as being one person for the purposes of this section and sections 56D to 56L and 97B below.]

Textual Amendments

F247S. 56C inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

[F24856D Applications for hazardous substances consent.S

(1)Provision may be made by regulations with respect to—

(a)the form and manner in which applications [F249under this Act] for hazardous substances consent are to be made;

(b)the particulars which they are to contain and the evidence by which they are to be verified;

(c)the manner in which they are to be advertised; and

(d)the time within which they are to be dealt with.

(2)Regulations may provide that an application for hazardous substances consent, or an appeal against the refusal of such an application or against the imposition of a condition on such a consent, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in section 24(1)(a) to (d) of this Act and any such regulations may—

(a)include requirements corresponding to those mentioned in sections 23(1), 24(2) and (4) and 26(3), of this Act; and

(b)make provision as to who is to be treated as the owner of land for the purposes of any provision of the regulations.

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

(4)Regulations—

(a)may require an applicant for hazardous substances consent or the planning authority or both to give publicity to an application for hazardous substances consent in such manner as may be prescribed;

(b)may require the planning authority to conduct appropriate consultations before determining applications for hazardous substances consent;

(c)may provide for the manner in which such a consultation is to be carried out and the time within which—

(i)such a consultation;

(ii)any stage in such a consultation,

is to be completed;

(d)may require the planning authority to determine applications for hazardous substances consent within such time as may be prescribed;

(e)may require the planning authority to give prescribed persons or bodies prescribed information about applications forhazardous substances consent including information as to the manner in which such applications have been dealt with.

(5)In subsection (4) above “appropriate consultations”[F250means—

(a)consultations—

(i)in the case of a planning authority other than the appropriate Minister, with the Health and Safety Executive; and

(ii)in the case of the appropriate Minister, with the Health and Safety Commission; and

(b)consultations with][F250means consultations with the Health and Safety Executive and with] such persons or bodies as may be prescribed.

(6)Regulations under this section may make different provision for different cases or descriptions of cases.]

Textual Amendments

F248S. 56D inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F250Words from “means consultations with” to “and with” substituted (prosp.) for the words from “means–” to “(b) consultations with” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(4)

Yn ddilys o 18/02/1993

[F25156DA Fees.S

(1)The Secretary of State may by regulations makeprovision for fees of the prescribed amount in respect of applications for, or for the continuation of, hazardous substances consent—

(a)made to an urban development corporation under section 56A(2) above to be paid to the corporation;

(b)referred to him under section 32 above as having effect by virtue of section 56F below to be paid to him;

(c)deemed to have been made to him under section 85(7) below by virtue of regulations made under section 97B(10) below to be paid to him.

(2)Regulations made under this section may provide for—

(a)the transfer to the Secretary of State of any fee received by a planning authority in respect of an application referred to in paragraph (b) or (c) of subsection (1) above;

(b)the remission or refunding of a prescribed fee (in whole or in part) in prescribed circumstances or in pursuance of a direction given by him;

and the regulations may make different provision for different areas or for different cases or descriptions of cases.]

Textual Amendments

Modifications etc. (not altering text)

C35S. 56DA amended (27.8.1993) by 1993 c. 12, ss. 40(1), 51(2), Sch. 3 Pt. II para.14 (with ss. 42, 46)

Prospective

[F25256E Determination of applications for hazardous substances consent.S

(1)Subject to the following provisions of this Act, where an application is made to a planning authority for hazardous substances consent, that authority, in dealing with the application, shall have regard to any material considerations, and—

(a)may grant hazardous substances consent, either unconditionally or subject to such conditions as they think fit; or

(b)may refuse hazardous substances consent.

(2)Without prejudice to the generality of subsection (1) above, in dealing with an application the authority shall have regard—

(a)to any current or contemplated use of the land to which the application relates;

(b)to the way in which land in the vicinity is being used or is likely to be used;

(c)to any planning permission that has been granted for development of land in the vicinity;

(d)to the provisions of the development plan; and

(e)to any advice which the Health and Safety Executive [F253or Health and Safety Commission] have given following consultations in pursuance of regulations under section 56D(4) above.

(3)If an application relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(4)It shall be the duty of a planning authority, when granting hazardous substances consent, to include in that consent—

(a)a description of the land to which the consent relates;

(b)a description of the hazardous substance or substances to which it relates; and

(c)in respect of each hazardous substance to which it relates, a statement of the maximum amount permitted by the consent to be present at any one time and of all conditions relating to that substance subject to which the consent is granted.

(5)Without prejudice to the generality of subsection (1) above, a planning authority may grant hazardous substances consent subject to conditions with respect to any of the following—

(a)how and where any hazardous substance to which the consent relates is to be kept or used;

(b)times between which any such substance may be present;

(c)the permanent removal of any such substance—

(i)on or before a date specified in the consent; or

(ii)before the end of a period specified in it and commencing on the date on which it is granted;

(d)the consent being conditional on the commencement or partial or complete execution of development on the land which is authorised by a specified planning permission,

but [F254a planning authority other than the appropriate Minister][F254they] may only grant consent subject to conditions as to how a hazardous substance is to be kept or used if the conditions are conditions to which the Health and Safety Executive have advised the authority that any consent they might grant should be subject.]

Textual Amendments

F252S. 56E inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F254Word “they” substituted (prosp.) for the words from “a planning authority” to “Minister” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(6)

Prospective

[F25556F References to regional planning authority and Secretary of State and appeals.S

(1)Subject to subsections (2) [F256and (3)] below, sections 32 to 34 of this Act and section 179 (reference of applications to regional planning authority) of the Local Government (Scotland) Act M231973 shall have effect in relation to applications for hazardous substances consent and to decisions on such applications as though they were applications for planning permission.

(2)In the application of sections 32 to 34 of this Act to hazardous substances consent—

(a)section 32(4) and section 33(5) and (7) shall be omitted;

(b)the words “and in such manner as may be prescribed” shall be substituted for the words in section 33(2) following “time”;

(c)in section 34, the words “by the development order” shall be omitted from both places where they occur.

[F257(3)Subsections (1) and (2) above do not have effect in relation to applications for hazardous substances consent relating to land to which section 56B of this Act applies or to decisions on such applications.]]

Textual Amendments

F255S. 56F inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Marginal Citations

Prospective

[F25856G Deemed hazardous substances consent by virtue of authorisation of government department.S

(1)Where—

(a)the authorisation of a government department is required by virtue of an enactment in respect of development to be carried out by a local authority, or by statutory undertakers not being a local authority; and

(b)the development would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent,

the department may, on granting that authorisation, also direct that hazardous substances consent for that development shall be deemed to be granted subject to such conditions (if any) as may be specified in the directions.

(2)The department shall consult the Health and Safety Commission before issuing any such directions.

(3)The provisions of this Act (except [F259Part XII]) shall apply in relation to any hazardous substances consent deemed to be granted by virtue of directions under this section as if it had been granted by the Secretary of State on an application referred to him under section 32 of this Act, as applied by section 56F of this Act.

(4)The reference in subsection (1) above to the authorisation of a government department is to be construed in accordance with section 37(3) of this Act,

[F260(5)A government department or the Secretary of State shall, as respects any hazardous substances consent deemed to be granted by virtue of directions under this section, send to the planning authority concerned any such information as appears to be required by them for the purposes of a register under section 56N.]]

Textual Amendments

F258S. 56G inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

[F26156H Grants of hazardous substances consent without compliance with conditions previously attached.S

(1)This section applies to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted or is deemed to have been granted.

(2)On such an application the planning authority shall consider only the question of the conditions subject to which hazardous substances consent should be granted, and—

(a)if they determine that hazardous substances consent should be granted subject to conditions differing from those subject to which the previous consent was granted, or that it should be granted unconditionally, they shall grant hazardous substances consent accordingly; and

(b)if they determine that hazardous substances consent should be granted subject to the same conditions as those subject to which the previous consent was granted, they shall refuse the application.

(3)Where—

(a)hazardous substances consent has been granted or is deemed to have been granted for the presence on, over or under land of more than one hazardous substance; and

(b)an application under this section does not relate to all the substances,

the planning authority shall only have regard to any condition relating to a substance to which the application does not relate to the extent that it has implications for a substance to which the application does relate.

(4)Where—

(a)more than one hazardous substances consent has been granted or is deemed to have been granted in respect of the same land; and

(b)an application under this section does not relate to all the consents,

the planning authority shall only have regard to any consent to which the application does not relate to the extent that it has implications for a consent to which the application does relate.

[F262(5)Regulations may make provision in relation to applications under this section corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.]]

Textual Amendments

F261S. 56H inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

[F26356J Power to revoke or modify hazardous substance consent.S

(1)If it appears to the planning authority that—

(a)there has been a material change of use of land to which a hazardous substances consent relates; or

(b)planning permission has been granted for development the carrying out of which would involve a material change of use of such land and the development to which the permission relates has been commenced,

they may by order—

(i)if the consent relates only to one substance, revoke it;

(ii)if it relates to more than one, revoke it or revoke it so far as it relates to a specified substance.

(2)The planning authority may by order—

(a)revoke a hazardous substances consent which relates to only one substance if it appears to them that that substance has not for at least 5 years been present on, under or over the land to which the consent relates in a quantity equal to or exceeding the controlled quantity; and

(b)revoke a hazardous substances consent which relates to a number of substances if it appears to them that none of those substances has for at least 5 years been so present.

(3)The planning authority may by order revoke a hazardous substances consent or modify it to such extent as they consider expedient if it appears to them, having regard to any material consideration, that it is expedient to revoke or modify it.

(4)An order under this section shall specify the grounds on which it is being made.

(5)An order under this section, [F264other than an order relating to land to which section 56B of this Act applies], shall not take effect unless it is confirmed by the Secretary of State, and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modification as he considers expedient.

(6)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, the authority shall serve notice of the order on—

(a)any person who is an owner, occupier or lessee of the whole or any part of the land to which the order relates; and

(b)any other person who in their opinion will be affected by the order;

and if within the period specified in that behalf in the notice (not being less than 28 days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(7)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (6) of this section.

(8)Section 159 of this Act shall have effect where a hazardous substances consent is revoked or modified by an order made in the exercise of the power conferred by subsection (3) of this section as it has effect where an order is made under section 49 of this Act.]

Textual Amendments

F263S. 56J inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

[F26556K Provisions as to effect of hazardous substances consent and change of control of land.S

(1)Without prejudice to the provisions of this Part of this Act, any hazardous substances consent shall (except in so far as it otherwise provides) enure for the benefit of the land to which it relates and of all persons for the time being interested in the land.

(2)A hazardous substances consent is revoked if there is a change in the person in control of part of the land to which it relates unless an application for the continuation of the consent has previously been made to the planning authority.

(3)Regulations may make provision in relation to applications under subsection (2) above corresponding to any provision that may be made by regulations under section 56D of this Act in relation to applications for hazardous substances consent.

(4)When such application is made, the authority, having regard to any material consideration—

(a)may modify the consent in any way they consider appropriate; or

(b)may revoke it.

(5)Without prejudice to the generality of subsection (4) above, in dealing with an application the authority shall have regard—

(a)to the matters to which a planning authority are required to have regard by section 56E(2)(a) to (d) above; and

(b)to any advice which the Health and Safety Executive [F266or Health and Safety Commission] have given following consultations in pursuance of regulations under subsection (3) above.

(6)If an application relates to more than one consent, the authority may make different determinations in relation to each.

(7)If a consent relates to more than one hazardous substance, the authority may make different determinations in relation to each.

(8)It shall be the duty of a planning authority, when continuing hazardous substances consent, to attach to the consent one of the following—

(a)a statement that is unchanged in relation to the matters included in it by virtue of section 56E(4) above;

(b)a statement of any change in respect of those matters.

(9)The modifications which a planning authority may make by virtue of subsection (4)(a) above include, without prejudice to the generality of that paragraph, the making of the consent subject to conditions with respect to any of the matters mentioned in section 56E(5) above.

(10)Subject to subsection (11) below, sections 32 to 34 of this Act and section 179 of the Local Government (Scotland) Act M241973 shall have effect in relation to applications under subsection (2) above and to decisions on such applications as though they were applications for planning permission.

(11)In the application of sections 32 to 34 of this Act by virtue of subsection (10) above—

(a)section 32(4) and section 33(5) and (7) shall be omitted;

(b)the words “and in such manner as may be prescribed” shall be substituted for the words in section 33(2) following “time”;

(c)in section 34—

(i)the words “by the development order” shall be omitted from the first place where they occur; and

(ii)the words “the application shall be deemed to have been granted” shall be substituted for the words following paragraph (b).

(12)Where the authority modify or revoke the consent, they shall pay to the person in control of the whole of the land before the change compensation in respect of any loss or damage sustained by him and directly attributable to the modification or revocation.]

Textual Amendments

F265S. 56K inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Marginal Citations

Prospective

[F26756L Offences. S

(1)Subject to this Part of this Act, if there is a contravention of hazardous substances control, the appropriate person shall be guilty of an offence.

(2)There is a contravention of hazardous substances control—

(a)if a quantity of a hazardous substance equal to or exceeding the controlled quantity is or has been present on, under or over land and either—

(i)there is no hazardous substances consent for the presence of the substance; or

(ii)there is hazardous substances consent for its presence but the quantity present exceeds the maximum quantity permitted by the consent;

(b)if there is or has been a failure to comply with a condition subject to which a hazardous substances consent was granted.

(3)In subsection (1) above

  • “the appropriate person” means—

(a)in relation to a contravention falling within paragraph (a) of subsection (2) above—

(i)any person knowingly causing the substance to be present on, over or under the land;

(ii)any person allowing it to be so present; and

(b)in relation to a contravention falling within paragraph (a) or (b) of that subsection, the occupier of the land.

(4)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine,

and if the contravention is continued after the conviction he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £200 for each day on which it continues or on conviction on indictment to a fine.

(5)In any proceedings for an offence under this section it shall be a defence for the accused to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence; or

(b)that commission of the offence could be avoided only by the taking of action amounting to a breach of a statutory duty.

(6)In any proceedings for an offence consisting of a contravention falling within subsection (2)(a) above, it shall be a defence for the accused to prove that at the time of the alleged commission of the offence he did not know, and had no reason to believe—

(a)if the case falls within paragraph (a)(i)

(i)that the substance was present; or

(ii)that it was present in a quantity equal to or exceeding the controlled quantity;

(b)if the case falls within paragraph (a)(ii), that the substance was present in a quantity exceeding the maximum quantity permitted by the consent.

(7)In any proceedings for an offence consisting of a contravention falling within subsection (2)(b) above, it shall be a defence for the accused to prove that he did not know, and had no reason to believe, that he was failing to comply with a condition subject to which hazardous substances consent had been granted.]

Textual Amendments

F267S. 56L inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Modifications etc. (not altering text)

Prospective

[F26856M Emergencies.S

(1)If it appears to the Secretary of State—

(a)either—

(i)that the community or part of it is being or is likely to be deprived of an essential service or commodity; or

(ii)that there is or is likely to be a shortage of such a service or commodity affecting the community or part of it; and

(b)that the presence of a hazardous substance on, over or under land specified in the direction in circumstances such that hazardous substances consent would be required, is necessary for the effective provision of that service or commodity,

he may direct that, subject to such conditions or exceptions as he thinks fit, the presence of the substance on, over or under the land is not to constitute a contravention of hazardous substances control so long as the direction remains in force.

(2)A direction under this section—

(a)may be withdrawn at any time;

(b)shall in any case cease to have effect at the end of the period of three months beginning with the day on which it was given, but without prejudice to the Secretary of State’s power to give a further direction.

(3)[F269Subject to subsection (4) below,] the Secretary of State shall send a copy of any such direction to the planning authority in relation to the land.

[F270(4)Where the land is land to which section 56B of this Act applies, the Secretary of State shall send the copy to the authority which would be the planning authority in relation to that land but for that section.]]

Textual Amendments

F268S. 56M inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

Prospective

[F27156N Registers, etc.S

(1)Every planning authority shall keep, in such manner as may be prescribed, a register containing such information as may be so prescribed with respect—

(a)to applications for hazardous substances consent [F272—

(i)made to that authority, or

(ii)made to the appropriate Minister with respect to land in relation to which, but for section 56B of this Act, that authority would be the planning authority;

and including information as to the manner in which such applications have been dealt with;][F272made to that authority;

(aa)to applications under section 56K(2) above made to that authority;]

(b)to hazardous substances consent deemed to be granted under section 38 of the Housing and Planning Act 1986 with respect to land in relation to which that authority is [F273or but for section 56B of this Act would be], the planning authority;

(c)to revocations or modifications of hazardous substances consent granted with respect to such land; and

(d)to directions under section 56M above sent to the authority by the Secretary of State, [F274, and every such register shall also contain such information as may be prescribed as to the manner in which applications for hazardous substances consent have been dealt with].

[F275(2)Where with respect to any land the appropriate Minister exercises any of the functions of a planning authority for the purposes of hazardous substances control he shall send to the authority which, but for section 56B of this Act, would be the planning authority for those purposes in relation to that land any such information as appears to him to be required by them for the purposes of maintaining a register under this section.]

(3)Every register kept under this section shall be available for inspection by the public at all reasonable hours.]

Textual Amendments

F271S. 56N inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F272Words “made to that authority;” and paragraph (aa) substituted (prosp.) for the words in para (a) following the word “consent” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(9)(a)

Prospective

[F27656O Health and safety requirements.S

(1)Nothing in—

(a)any hazardous substances consent granted or deemed to be granted under—

(i)the preceding provisions of this Act; or

(ii)section 38 of the Housing and Planning Act 1986; or

(b)any hazardous substances contravention notice issued under section 97B of this Act,

shall require or allow anything to be done in contravention of any of the relevant statutory provisions or any prohibition notice or improvement notice served under or by virtue of any of those provisions; and to the extent that such a consent or notice purports to require or allow any such thing to be done, it shall be void.

(2)Where it appears to a planning authority who have granted or are deemed to have granted a hazardous substances consent or who have issued a hazardous substances contravention notice that the consent or notice or part of it is rendered void by subsection (1) above, the authority shall, as soon as is reasonably practicable, consult the [F277appropriate body][F277Health and Safety Executive] with regard to the matter.

(3)If the [F277appropriate body][F277Health and Safety Executive] advise the authority that the consent or notice is rendered wholly void, the authority shall revoke it.

(4)If they advise that part of the consent or notice is rendered void, the authority shall so modify it as to render it wholly operative.

(5)In this section—

  • [F278“the appropriate body” means—

(a)in relation to a planning authority other than the appropriate Minister, the Health and Safety Executive; and

(b)in relation to the appropriate Minister, the Health and Safety Commission; and]

“relevant statutory provisions”,

“improvement notice” and

“prohibition notice” have the same meanings as in Part I of the Health and Safety at Work etc. Act M251974.]

Textual Amendments

F276Ss. 56A–56O inserted (prosp.) by the Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 35 (with s. 38(1)(a))

F277Words “Health and Safety Executive” substituted (prosp.) for the words “appropriate body” by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 144, 164(3), Sch. 13 para. 11(10)

F278The definition of “the appropriate body” and the word “and” immediately following repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), 164(3), Sch. 16 Pt. VII

Marginal Citations

TreesS

57 Planning permission to include appropriate provision for preservation and planting of trees.S

It shall be the duty of the. . . F279 planning authority—

(a)to ensure, whenever it is appropriate, that in granting planning permission for any development adequate provision is made, by the imposition of conditions, for the preservation or planting of trees; and

(b)to make such orders under section 58 of this Act as appear to the authority to be necessary in connection with the grant of such permission, whether for giving effect to such conditions or otherwise.

Textual Amendments

58 Tree preservation orders. S

(1)If it appears to a. . . F280 planning authority that it is expedient in the interests of amenity to make provision for the preservation of trees or woodlands in their district, they may for that purpose make an order (in this Act referred to as a “tree preservation order”) with respect to such trees, groups of trees or woodlands as may be specified in the order; and, in particular, provision may be made by any such order—

(a)for prohibiting (subject to any exemptions for which provision may be made by the order) the cutting down, topping, lopping; [F281uprooting, wilful damage] or wilful destruction of trees except with the consent of the. . . F280 planning authority, and for enabling that authority to give their consent subject to conditions;

(b)for securing the replanting, in such manner as may be prescribed by or under the order, of any part of a woodland area which is felled in the course of forestry operations permitted by or under the order;

(c)for applying, in relation to any consent under the order, and to applications for such consent, any of the provisions of this Act falling within subsection (2) of this section, subject to such adaptations and modifications as may be specified in the order.

(2)References in this Act to provisions thereof falling within this subsection are references to—

(a)the provisions of Part III of this Act relating to planning permission and to applications for planning permission, except sections 22, 23, 24, 25, 26(2) to (6), 31(3), F282 . . . 38 to 41 and 44 to 47 of this Act; and

(b)such of the provisions of Part IX of this Act as are therein stated to be provisions falling within this subsection;

(c)section 256 of this Act.

(3)a tree preservation order may be made so as to apply, in relation to trees to be planted pursuant to any such conditions as are mentioned in section 57(a) of this Act, as from the time when those trees are planted.

(4)[F283Subject to section 59 of this Act [F284and section 2 of the Town and Country Planning Act 1984 (tree preservation orders in anticipation of disposal of Crown land)], a tree preservation order shall not take effect until it is confirmed by the planning authority; and the planning authority may confirm any such order either without modification or subject to such modification as they consider expedient]. As soon as may be after a tree preservation order is so confirmed, it shall be recorded in the appropriate Register of Sasines by the. . . F280 planning authority.

(5)Provision may be made by regulations under this Act with respect to the form of tree preservation orders, and the procedure to be followed in connection with the submission and confirmation of such orders; and the regulations may (without prejudice to the generality of this subsection) make provision as follows—

(a)that, before a tree preservation order is [F285confirmed by the planning authority], notice of the making of the order shall be given to the owners, lessees and occupiers of land affected by the order and to such other persons, if any, as may be specified in the regulations;

(b)that objections and representations with respect to the order, if duly made in accordance with the regulations, shall be considered before the order is confirmed by the [F285planning authority];

(c). . . F286

(d)that copies of the order, when confirmed by. . . F287the authority, shall be served on such persons as may be specified in the regulations.

(6)Without prejudice to any other exemptions for which provision may be made by a tree preservation order, nothing in a tree preservation order shall prohibit the [F288uprooting,] felling or lopping of any tree if such [F288uprooting,] felling or lopping is urgently necessary in the interests of safety, or is necessary for the prevention or abatement of a nuisance, so long as notice in writing of the proposed operations is given to the. . . F280 planning authority as soon as may be after the necessity for the operations arises, or if such [F288uprooting,] felling or lopping is carried out in compliance with any obligation imposed by or under any Act of Parliament.

(7)In relation to land in respect of which the Forestry Commissioners have made advances under section 4 of the M26Forestry Act 1967 or in respect of which there is in force a forestry dedication agreement entered into with the Commissioners under section 5 of that Act, a tree preservation order may be made only if—

(a)there is not in force in respect of the land a plan of operations or other working plan approved by the Commissioners under such an agreement; and

(b)the Commissioners consent to the making of the order.

(8)Where a tree preservation order is made in respect of land to which subsection (7) of this section applies, the order shall not have effect so as to prohibit, or to require any consent for, the cutting down of a tree in accordance with a plan of operations or other working plan approved by the Forestry Commissioners, and for the time being in force, under such an agreement as is mentioned in that subsection or under a woodlands scheme made under the powers contained in the said Act of 1967.

(9)In the preceding provisions of this section references to provisions of the M27Forestry Act 1967 include references to the corresponding provisions (replaced by that Act) in the Forestry Acts 1919 to 1951.

(10)The preceding provisions of this section shall have effect subject to the provisions—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F289

(b)of section 15 of the Forestry Act 1967 (licences under that Act to fell trees comprised in a tree preservation order).

(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F290

Textual Amendments

F283Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 22(1)(a), (2) except as regards a tree preservation order made before 11.6.1981

F285Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 22(1)(b), (2) except as regards a tree preservation order made before 11.6.1981

F286S. 58(5)(c) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 22(1)(b), (2), Sch. 4 except as regards a tree preservation order made before 11.6.1981

F287Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 22(1)(b), (2) Sch. 4 except as regards a tree preservation order made before 11.6.1981

Modifications etc. (not altering text)

C38Reference in s. 58(7) to section 4 of the Forestry Act 1967 to be construed as reference to Forestry Act 1979 (c. 21), s. 1: Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

59 Provisional tree preservation orders.S

(1)If it appears to a. . . F291 planning authority that a tree preservation order proposed to be made by that authority should take effect immediately without previous confirmation, they may include in the order as made by them a direction that this section shall apply to the order.

(2)Notwithstanding section 58(4) of this Act, an order which contains such a direction shall take effect provisionally on such date as may be specified therein and shall continue in force by virtue of this section until—

(a)the expiration of a period of six months beginning with the date on which the order was made; or

(b)the date on which the order is confirmed. . . F292,

whichever first occurs.

(3)Provision shall be made by regulations under this Act for securing—

(a)that the notices to be given of the making of a tree preservation order containing a direction under this section shall include a statement of the effect of the direction. . . F293.

(b). . . F293

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F294

Textual Amendments

F292Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 23(1)(a), (2), Sch. 4 except as regards a tree preservation order made before 11.6.1981

F293Word and s. 59(3)(b) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 23(1)(b), (2), Sch. 4 except as regards a tree preservation order made before 11.6.1981

[F29559A Trees in conservation areas.S

(1)Subject to the provisions of this section, any person who, in relation to a tree to which this section applies, does any act which might by virtue of section 58(1)(a) above be prohibited by a tree preservation order shall be guilty of an offence.

(2)Subject to the provisions of this section, this section applies to any tree in a conservation area but in respect of which no tree preservation order is for the time being in force.

(3)It shall be a defence for a person charged with an offence under subsection (1) above to prove—

(a)that he served notice of his intention to do the act in question, with sufficient particulars to identify the tree, on the planning authority in whose district the tree is or was situated; and

(b)that he did the act in question—

(i)with the consent of the said planning authority, or

(ii)after the expiry of the period of six weeks from the date of the notice but before the expiry of the period of two years from that date.

(4)The Secretary of State may by regulations direct that this section shall not apply in such cases as may be specified in the regulations.

(5)Without prejudice to the generality of subsection (4) above, the regulations may be framed so as to exempt from the application of this section cases defined by reference to all or any of the following matters, namely—

(a)acts of such descriptions or done in such circumstances or subject to such conditions as may be specified in the regulations;

(b)trees in such conservation areas as may be so specified;

(c)trees of a size or species so specified; or

(d)trees belonging to persons or bodies of a description so specified;

and the regulations may, in relation to any matter by reference to which an exemption is conferred by them, make different provision for different circumstances.

(6)Regulations under subsection (4) above may in particular, but without prejudice to the generality of that subsection, exempt from the application of this section cases exempted from the application of section 58 above by subsection (6) of that section.

(7)It shall be the duty of every planning authority to compile and keep available for public inspection free of charge at all reasonable hours and at a convenient place a list, containing such particulars as the Secretary of State may determine of notices under this section affecting trees in their district.

(8)If any tree to which this section applies is removed, uprooted or destroyed in contravention of this section or is removed, uprooted or destroyed or dies at a time when its uprooting or felling is authorised only by virtue of the provisions of such regulations under subsection (4) above as are mentioned in subsection (6) above, it shall be the duty of the owner of the land, unless on his application the planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

(9)The duty imposed by subsection (8) above on the owner of any land shall attach to the person who is from time to time the owner of he land and may be enforced as provided by section 99 of this Act and not otherwise.]

Textual Amendments

60 Replacement of trees.S

(1)If any tree in respect of which a tree preservation order is for the time being in force,. . . F296, is removed, [F297uprooted] or destroyed in contravention of the order or [F298, except in the case of a tree to which the order applies as part of a woodland,] is removed, [F297uprooted] or destroyed or dies at a time when its [F297uprooting or] felling is authorised only by virtue of the provisions of section 58(6) of this Act relating to [F297uprooting or] felling where urgently necessary in the interests of safety, it shall be the duty of the owner of the land, unless on his application the. . . F299 planning authority dispense with this requirement, to plant another tree of an appropriate size and species at the same place as soon as he reasonably can.

[F300(1A)In respect of trees in a woodland it shall be sufficient for the purposes of this section to replace the trees removed, uprooted or destroyed by planting the same number of trees either on or near the land on which the trees removed, uprooted or destroyed stood or on such other land as may be agreed between the planning authority and the owner of the land, and (in either case) in such places as may be designated by the planning authority.]

(2)In relation to any tree planted pursuant to this section, the relevant tree preservation order shall apply as it applied to the original tree.

(3)The duty imposed by subsection (1) of this section on the owner of any land shall attach to the person who is from time to time the owner of the land and may be enforced as provided by section 99 of this Act and not otherwise.

Textual Amendments

AdvertisementsS

61 Control of advertisements.S

—(1)Subject to the provisions of this section, provision shall be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Secretary of State to be expedient in the interests of amenity or public safety.

(2)Without prejudice to the generality of subsection (1) of this section, any such regulations may provide—

(a)for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed, and the manner in which they are to be affixed to the land;

(b)for requiring the consent of the. . . F301 planning authority to be obtained for the display of advertisements, or of advertisements of any class specified in the regulations;

(c)for applying, in relation to any such consent and to applications for such consent, any of the provisions of this Act falling within section 58(2) thereof, subject to such adaptations and modifications as may be specified in the regulations;

(d)for the constitution, for the purposes of the regulations, of such advisory committees as may be prescribed, by the regulations, and for determining the manner in which the expenses of any such committee are to be defrayed.

[F302(3)Regulations made for the purposes of this section may make different provision with respect to different areas, and in particular may make special provision—

(a)with respect to conservation areas; and

(b)with respect to areas defined for the purposes of the regulations as areas of special control, being either rural areas or areas other than rural areas which appear to the Secretary of State to require special protection on grounds of amenity;

and, without prejudice to the generality of this subsection, the regulations may prohibit the display in an area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.]

(4)Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Secretary of State in accordance with the provisions of the regulations.

(5)Where the Secretary of State is authorised by the regulations to make or approve any such order as is mentioned in subsection (4) of this section, the regulations shall provide for the publication of notice of the proposed order in such manner as may be prescribed by the regulations, for the consideration of objections duly made thereto, and for the holding of such inquiries or other hearings as may be so prescribed, before the order is made or approved.

(6)Regulations made under this section may be made so as to apply to advertisements which are being displayed on the date on which the regulations come into force, or to the use for the display of the advertisements of any site which was being used for that purpose on that date; but any regulations made in accordance with this subsection shall provide for exempting therefrom—

(a)the continued display of any such advertisement; and

(b)the continued use for the display of advertisements of any such site,

during such period as may be prescribed in that behalf by the regulations, and different periods may be so prescribed for the purposes of different provisions of the regulations.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F303

(8)Nothing in this section or in any regulations made thereunder shall be construed as authorising the restriction or regulation of the display of any advertisement by reason only of the subject matter or wording thereof.

Textual Amendments

62 Application for planning permission not needed for advertisements complying with regulations.S

Where the display of advertisements in accordance with regulations made under section 61 of this Act involves development of land, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under Part III of this Act.

Waste landS

63 Proper maintenance of waste land.S

[F304[F305(1)If it appears to a planning authority that the amenity of any part of their district, or an adjoining district, is adversely affected by the condition of any land in their district, they may serve on the owner, lessee and occupier of the land a notice under this section requiring such steps for abating the adverse effect as may be specified in the notice to be taken within such period as may be so specified.]

(1A)Service under subsection (1) above shall be effected by the service of a copy of the notice. . . F306

(1B)Subject to section 63A of this Act, a [F307notice under this section] shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (1) above.

(1C)The planning authority may withdraw a [F307notice under this section] (without prejudice to their power to serve another) at any time before it takes effect; and if they so withdraw it, they shall forthwith give notice of the withdrawal to every person on whom the notice was served.]

(2)No notice may be served under subsection (1) of this section with reference to any building which is—

(a)a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments, or

(b)a building for the time being included in a list of monuments published by the Secretary of State under any such enactment as aforesaid.

(3)The provisions of [F308section 88] of this Act shall, subject to any necessary modifications, apply in respect of a notice served under this section as they apply in respect of an enforcement notice served under section 84 of this Act.

Textual Amendments

[F30963A Appeals against waste land notices.S

(1)A person on whom a [F310notice under section 63 of this Act] is served, or any other person having an interest in the land to which the notice relates, may at any time before the date specified in the notice as the date on which it is to take effect appeal to the Secretary of State against the notice, on any of the following grounds—

[F311(a)that neither the amenity of any part of the planning authority’s district nor that of any adjoining district has been adversely affected;]

(b)that the steps required by the notice to be taken exceed what is necessary to remedy any such [F312adverse effect];

(c)that the specified period for compliance with the notice falls short of what should reasonably be allowed;

(d)that the condition of the land is attributable to, and such as results in the ordinary course of events from, a continuing lawful use of the land or from continuing lawful operations carried out thereon; or

(e)that the notice was served other than in accordance with section 63 of this Act.

(2)An appeal under this section shall be made by notice in writing to the Secretary of State.

(3)The provisions of subsections (2A) to (2D) of section 85 of this Act shall apply to appeals under this section as they apply to appeals under that section.

(4)On an appeal under this section the Secretary of State—

(a)may correct any informality, defect or technical error in the notice if he is satisfied that it is not material; and

(b)may disregard the failure of the planning authority to serve the notice upon a person upon whom it should have been served, if it appears to him that neither that person nor the appellant has been substantially prejudiced by that failure.

(5)Where an appeal is brought under this section, the [F310notice under section 63 of this Act] shall be of no effect pending the final determination, or the withdrawal, of the appeal.

(6)In determining an appeal under this section the Secretary of State shall give such directions as seem to him appropriate; and these may include directions for quashing the notice or for varying its terms in favour of the appellant.]

[F313(7)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.]

Textual Amendments

64—83. F314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Part VS Enforcement of Control under Parts III and IV

Modifications etc. (not altering text)

[F315 Introductory]S

Textual Amendments

F315Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art.4 and S.I. 1992/1937, art. 4 (with art. 5).

[F316F31683AExpressions used in connection with enforcement.S

(1)For the purposes of this Act—

(a)carrying out development without the required planning permission; or

(b)failing to comply with any condition or limitation subject to which planning permission has been granted,

constitutes a breach of planning control.

(2)For the purposes of this Act—

(a)the issue of an enforcement notice (defined in section 84 of this Act); or

(b)the service of a breach of condition notice (defined in section 87AA of this Act),

constitutes taking enforcement action.

(3)In this Part of this Act “planning permission” includes planning permission under Part III of the M28Town and Country Planning (Scotland) Act 1947.]

Textual Amendments

F316Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art. 4 and S.I. 1992/1937, art. 4 (with art.5).

Marginal Citations

[F317F31783BTime limits.S

(1)Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.

(2)Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.

(3)In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.

(4)The preceding subsections do not prevent—

(a)the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect; or

(b)taking further enforcement action in respect of any breach of planning control if, during the period of four years ending with that action being taken, the planning authority have taken or purported to take enforcement action in respect of that breach.]

Textual Amendments

F317Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art. 4 and S.I. 1992/1937, art.4 (with art. 5)

Modifications etc. (not altering text)

C40S. 83B(3) excluded (20.2.1992 until 25.9.1992) by S.I. 1992/334, art.5(1)(b)

C41S.83B(4)(b) restricted (temp.) (20.2.1992) by S.I. 1992/334, art. 5(2)(3)

[F318 Planning contravention notices]S

Textual Amendments

[F319F31983CPower to require information about activities on land.S

(1)Where it appears to the planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—

(a)is the owner or occupier of the land or has any other interest in it; or

(b)is carrying out operations on the land or is using it for any purpose.

(2)A planning contravention notice may require the person on whom it is served to give such information as to—

(a)any operations being carried out on the land, any use of the land and any other activities being carried out on the land; and

(b)any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,

as may be specified in the notice.

(3)Without prejudice to the generality of subsection (2) of this section, the notice may require the person on whom it is served, so far as he is able—

(a)to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;

(b)to state when any use, operations or activities began;

(c)to give the name and address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;

(d)to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operation;

(e)to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.

(4)A planning contravention notice may give notice of a time and place at which—

(a)any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works; and

(b)any representations which he may wish to make about the notice,

will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.

(5)A planning contravention notice must inform the person on whom it is served—

(a)of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken; and

(b)of the effect of section 166(6) of this Act.

(6)Any requirement of a planning contravention notice shall be complied with by giving information in writing to the planning authority.

(7)The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.

(8)In this section references to operations or activities on land include operations or activities in, under or over the land.]

Textual Amendments

[F320F32083DPenalties for non-compliance with planning contravention notice.S

(1)If at any time after the end of the period of twenty-one days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.

(2)An offence under subsection (1) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(3)It shall be a defence for a person charged with an offence under subsection (1) of this section to prove that he had a reasonable excuse for failing to comply with the requirement.

(4)A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)If any person—

(a)makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular; or

(b)recklessly makes such a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6)A person guilty of an offence under subsection (5) of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]

Textual Amendments

Development requiring planning permissionS

[84F321Issue of enforcement notice.S

(1)The planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

(a)that there has been a breach of planning control; and

(b)that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

(2)A copy of an enforcement notice shall be served—

(a)on the owner and on the occupier of the land to which it relates; and

(b)on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

(3)The service of the notice shall take place—

(a)not more than twenty-eight days after its date of issue; and

(b)not less than twenty-eight days before the date specified in it as the date on which it is to take effect.]

Textual Amendments

F321Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.37 (with s. 84(5)); S.I. 1992/334, arts. 3, 4.

[F322F32284AAContents and effect of notice.S

(1)An enforcement notice shall state—

(a)the matters which appear to the planning authority to constitute the breach of planning control; and

(b)the paragraph of section 83A(1) of this Act within which, in the opinion of the authority, the breach falls.

(2)A notice complies with subsection (1)(a) of this section if it enables any person on whom a copy of it is served to know what those matters are.

(3)An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.

(4)Those purposes are—

(a)remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or

(b)remedying any injury to amenity which has been caused by the breach.

(5)An enforcement notice may, for example, require—

(a)the alteration or removal of any buildings or works;

(b)the carrying out of any building or other operations;

(c)any activity on the land not to be carried on except to the extent specified in the notice; or

(d)the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.

(6)An enforcement notice issued in respect of a breach of planning control consisting of demolition of a building may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7) of this section, is as similar as possible to the demolished building.

(7)A replacement building—

(a)must comply with any requirement imposed by or under any enactment applicable to the construction of buildings;

(b)may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

(c)must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b) of this subsection).

(8)An enforcement notice shall specify the date on which it is to take effect and, subject to section 85(3) of this Act, shall take effect on that date.

(9)An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part of this Act to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.

(10)An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 84 of this Act to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 85 of this Act.

(11)Where—

(a)an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and

(b)all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

(12)Where—

(a)an enforcement notice requires the construction of a replacement building; and

(b)all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of that construction.]

Textual Amendments

F322Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss.37, 84(2) (with s. 84(5)); S.I. 1992/334, arts. 3, 4 .

Modifications etc. (not altering text)

C42S. 84AA(10) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F323F32384ABVariation and withdrawal of enforcement notices.S

(1)The planning authority may—

(a)withdraw an enforcement notice issued by them; or

(b)waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 84AA(9) of this Act.

(2)The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

(3)The planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

(4)The withdrawal of an enforcement notice does not affect the power of the planning authority to issue a further enforcement notice.]

Textual Amendments

F323Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss.37, 84(2) (with s. 84(5)); S.I. 1992/334, arts. 3, 4.

Modifications etc. (not altering text)

C43S. 84AB extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F32484A Power of regional planning authority to take enforcement action.S

(1)If a regional planning authority are of the opinion that a structure plan prepared by them and approved by the Secretary of State is materially prejudiced by a breach of planning control they may, after consultation with any district planning authority in whose district the breach has taken place, and subject to subsection (2) below, serve an enforcement notice under this subsection requiring the breach Ato be remedied.

(2)Where a regional planning authority serve a notice under subsection (1) above the provisions of sections [F32583A, 83B, 84 (except subsection (1)), 84AA, 84AB,] 85, 86, 87, 88, 89, 89A, 166, 265(1)(c) and 265(2A) of this Act shall apply, with any necessary modifications, in relation to the regional planning authority and a notice under subsection (1) above as they apply in relation to a district planning authority and a notice under subsection (1) of the said section 84.]

Textual Amendments

85 Appeal against enforcement notice.S

—

[F326(1)A person on whom an enforcement notice is served, or any other person having an interest in the land may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)that those matters have not occurred;

(c)that those matters (if they occurred) do not constitute a breach of planning control;

(d)that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)that copies of the enforcement notice were not served as required by section 84 of this Act;

(f)that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g)that any period specified in the notice in accordance with section 84AA(9) of this Act falls short of what should reasonably be allowed.

(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F327(2A)A person who gives notice under subsection (2) of this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed under subsection (2B) of this section, a statement in writing—

(a)specifying the grounds on which he is appealing against the enforcement notice; and

(b)giving such further information as may be so prescribed.

(2B)The Secretary of State may prescribe the procedure to be followed on appeals under this section, and (without prejudice to the generality of the foregoing provisions of this subsection) in so prescribing—

(a)may specify the time within which an appellant is to submit a statement under subsection (2A) of this section and the matters on which information is to be given in such a statement;

(b)may require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;

(c)may specify the matters to be included in such a statement;

(d)may require the authority or the appellant to give such notice of an appeal under this section as may be specified, [F328to such persons as may be specified];

(e)may require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons on whom the notice has been served.

(2C)The Secretary of State—

(a)may dismiss an appeal if the appellant fails to comply with subsection (2A) above within the time prescribed under subsection (2B)(a) above; and

(b)may allow an appeal and quash the enforcement notice if the planning authority fail to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of subsection (2B) above.

(2D)Subject to subsection (2C) above, the Secretary of State shall, if either the planning authority or the appellant so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.]

(3)Where an appeal is brought under this section, the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4)On an appeal under this section—

[F329(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the enforcement notice; or

(ii)vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section [F33084(2)]of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice F331. . . ; and the Secretary of State may—

[F332(a)grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

(b)discharge any condition or limitation subject to which planning permission was granted;

(c)grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

[F332(d)determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.]]

(6)In considering whether to grant planning permission under subsection (5) of this section, the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations; —

[F333(6A)The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

(6B)Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.]

(7)Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission [F334in respect of the matters stated in the enforcement notice as constituting a breach of planning control]and, in relation to any exercise by the Secretary of State of his powers under subsection (5) of this section, the following provisions shall have effect—

(a)any planning permission granted thereunder shall be treated as granted on the said application;

(b)in relation to a grant of planning permission or a determination under that subsection, the Secretary of State’s decision shall be final; and

(c)for the purposes of section 31 of this Act, the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the. . . F335 planning authority.

[F336(7A)Where—

(a)the statement under subsection (2A) of section 85 of this Act specifies the ground mentioned in subsection (1)(a) of that section;

(b)any fee is payable under regulations made by virtue of section 87 (fees for planning applications etc.) of the M29Local Government, Planning and Land Act 1980 in respect of the application deemed to be made by virtue of the appeal; and

(c)the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F337

(9)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by regulations under any other provision of this Act.

(10)The validity of an enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of this section.

F338(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332S. 85(5)(a)-(d) substituted for s. 85(5)(a)(b) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(2), Sch. 13, para. 20(c)(ii) (with s. 84(5)), the substitution being in force at 26.3.1992 as regards s. 85(5)(a)-(c) by S.I. 1992/334, art. 4, Sch.2 and (prosp.)as regards s. 85(5)(d).

Modifications etc. (not altering text)

C45S. 85(10) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Marginal Citations

[86F339Offence where enforcement notice not complied with.S

(1)Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.

(2)Where the owner of the land is in breach of the notice he shall be guilty of an offence.

(3)In proceedings against any person for an offence under subsection (2) of this section, it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4)A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.

(5)A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) of this section shall be guilty of an offence.

(6)An offence under subsection (2) or (5) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.

(7)Where—

(a)a person charged with an offence under this section has not been served with a copy of the enforcement notice; and

(b)the notice is not contained in the appropriate register kept under section 87A of this Act,

it shall be a defence for him to show that he was not aware of the existence of the notice.

(8)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

Modifications etc. (not altering text)

C46S. 86 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

S. 86 modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[F34087 Stop Notices.S

.

[F341(1)Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

(2)In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

(2A)A stop notice may not be served where the enforcement notice has taken effect.

(2B)A stop notice shall not prohibit the use of any building as a dwellinghouse.

(2C)A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

(2D)Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

(3)A stop notice shall specify the date when it is to come into effect, and that date—

(a)must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

(b)must not be later than twenty-eight days from the date when the notice is first served on any person.]

(4)A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;

(b)when the enforcement notice to which it relates is withdrawn or quashed; or

(c)when the period for compliance with that enforcement notice specified under section [F34284AA(9)] of this Act has expired;

whichever is the earlier.

(5)Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any [F343relevant activity], the stop notice shall cease to have effect in relation to that activity.

(6)A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in [F344the relevant activity specified] in the enforcement notice.

(7)The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—

(a)the requirements of the stop notice;

(b)that the stop notice has been served on a particular person or persons; and

(c)the consequences under subsection (8) below of contravention of the stop notice.

[F345(8)If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

(8A)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(8B)It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.

(8C)References in this section to contravening a stop notice include causing or permitting its contravention.

(8D)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

(8E)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(9)A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section [F34684] of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.

(10)The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—

(a)shall be served on all persons who were served with the stop notice; and

(b)shall be publicised by displaying it for seven days in place of all or any relative site notices.]

Textual Amendments

F341S. 87(1)(2)-(2D)(3) substituted (26.3.1992) for s. 87(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 41(1), (with s. 84(5)); S.I. 1992/334, art.4.

Modifications etc. (not altering text)

C47S. 87 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Development requiring planning permissionS

[84F321Issue of enforcement notice.S

(1)The planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

(a)that there has been a breach of planning control; and

(b)that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

(2)A copy of an enforcement notice shall be served—

(a)on the owner and on the occupier of the land to which it relates; and

(b)on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

(3)The service of the notice shall take place—

(a)not more than twenty-eight days after its date of issue; and

(b)not less than twenty-eight days before the date specified in it as the date on which it is to take effect.]

Textual Amendments

F321Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.37 (with s. 84(5)); S.I. 1992/334, arts. 3, 4.

[F32484A Power of regional planning authority to take enforcement action.S

(1)If a regional planning authority are of the opinion that a structure plan prepared by them and approved by the Secretary of State is materially prejudiced by a breach of planning control they may, after consultation with any district planning authority in whose district the breach has taken place, and subject to subsection (2) below, serve an enforcement notice under this subsection requiring the breach Ato be remedied.

(2)Where a regional planning authority serve a notice under subsection (1) above the provisions of sections [F32583A, 83B, 84 (except subsection (1)), 84AA, 84AB,] 85, 86, 87, 88, 89, 89A, 166, 265(1)(c) and 265(2A) of this Act shall apply, with any necessary modifications, in relation to the regional planning authority and a notice under subsection (1) above as they apply in relation to a district planning authority and a notice under subsection (1) of the said section 84.]

Textual Amendments

85 Appeal against enforcement notice.S

—

[F326(1)A person on whom an enforcement notice is served, or any other person having an interest in the land may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)that those matters have not occurred;

(c)that those matters (if they occurred) do not constitute a breach of planning control;

(d)that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)that copies of the enforcement notice were not served as required by section 84 of this Act;

(f)that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g)that any period specified in the notice in accordance with section 84AA(9) of this Act falls short of what should reasonably be allowed.

(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F327(2A)A person who gives notice under subsection (2) of this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed under subsection (2B) of this section, a statement in writing—

(a)specifying the grounds on which he is appealing against the enforcement notice; and

(b)giving such further information as may be so prescribed.

(2B)The Secretary of State may prescribe the procedure to be followed on appeals under this section, and (without prejudice to the generality of the foregoing provisions of this subsection) in so prescribing—

(a)may specify the time within which an appellant is to submit a statement under subsection (2A) of this section and the matters on which information is to be given in such a statement;

(b)may require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;

(c)may specify the matters to be included in such a statement;

(d)may require the authority or the appellant to give such notice of an appeal under this section as may be specified, [F328to such persons as may be specified];

(e)may require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons on whom the notice has been served.

(2C)The Secretary of State—

(a)may dismiss an appeal if the appellant fails to comply with subsection (2A) above within the time prescribed under subsection (2B)(a) above; and

(b)may allow an appeal and quash the enforcement notice if the planning authority fail to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of subsection (2B) above.

(2D)Subject to subsection (2C) above, the Secretary of State shall, if either the planning authority or the appellant so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.]

(3)Where an appeal is brought under this section, the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4)On an appeal under this section—

[F329(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the enforcement notice; or

(ii)vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section [F33084(2)]of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice F331. . . ; and the Secretary of State may—

[F332(a)grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

(b)discharge any condition or limitation subject to which planning permission was granted;

(c)grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

[F332(d)determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.]]

(6)In considering whether to grant planning permission under subsection (5) of this section, the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations; —

[F333(6A)The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

(6B)Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.]

(7)Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission [F334in respect of the matters stated in the enforcement notice as constituting a breach of planning control]and, in relation to any exercise by the Secretary of State of his powers under subsection (5) of this section, the following provisions shall have effect—

(a)any planning permission granted thereunder shall be treated as granted on the said application;

(b)in relation to a grant of planning permission or a determination under that subsection, the Secretary of State’s decision shall be final; and

(c)for the purposes of section 31 of this Act, the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the. . . F335 planning authority.

[F336(7A)Where—

(a)the statement under subsection (2A) of section 85 of this Act specifies the ground mentioned in subsection (1)(a) of that section;

(b)any fee is payable under regulations made by virtue of section 87 (fees for planning applications etc.) of the M29Local Government, Planning and Land Act 1980 in respect of the application deemed to be made by virtue of the appeal; and

(c)the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F337

(9)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by regulations under any other provision of this Act.

(10)The validity of an enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of this section.

F338(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332S. 85(5)(a)-(d) substituted for s. 85(5)(a)(b) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(2), Sch. 13, para. 20(c)(ii) (with s. 84(5)), the substitution being in force at 26.3.1992 as regards s. 85(5)(a)-(c) by S.I. 1992/334, art. 4, Sch.2 and (prosp.)as regards s. 85(5)(d).

Modifications etc. (not altering text)

C45S. 85(10) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Marginal Citations

[86F339Offence where enforcement notice not complied with.S

(1)Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.

(2)Where the owner of the land is in breach of the notice he shall be guilty of an offence.

(3)In proceedings against any person for an offence under subsection (2) of this section, it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4)A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.

(5)A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) of this section shall be guilty of an offence.

(6)An offence under subsection (2) or (5) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.

(7)Where—

(a)a person charged with an offence under this section has not been served with a copy of the enforcement notice; and

(b)the notice is not contained in the appropriate register kept under section 87A of this Act,

it shall be a defence for him to show that he was not aware of the existence of the notice.

(8)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

Modifications etc. (not altering text)

C46S. 86 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

S. 86 modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[F34087 Stop Notices.S

.

[F341(1)Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

(2)In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

(2A)A stop notice may not be served where the enforcement notice has taken effect.

(2B)A stop notice shall not prohibit the use of any building as a dwellinghouse.

(2C)A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

(2D)Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

(3)A stop notice shall specify the date when it is to come into effect, and that date—

(a)must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

(b)must not be later than twenty-eight days from the date when the notice is first served on any person.]

(4)A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;

(b)when the enforcement notice to which it relates is withdrawn or quashed; or

(c)when the period for compliance with that enforcement notice specified under section [F34284AA(9)] of this Act has expired;

whichever is the earlier.

(5)Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any [F343relevant activity], the stop notice shall cease to have effect in relation to that activity.

(6)A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in [F344the relevant activity specified] in the enforcement notice.

(7)The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—

(a)the requirements of the stop notice;

(b)that the stop notice has been served on a particular person or persons; and

(c)the consequences under subsection (8) below of contravention of the stop notice.

[F345(8)If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

(8A)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(8B)It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.

(8C)References in this section to contravening a stop notice include causing or permitting its contravention.

(8D)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

(8E)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(9)A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section [F34684] of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.

(10)The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—

(a)shall be served on all persons who were served with the stop notice; and

(b)shall be publicised by displaying it for seven days in place of all or any relative site notices.]

Textual Amendments

F341S. 87(1)(2)-(2D)(3) substituted (26.3.1992) for s. 87(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 41(1), (with s. 84(5)); S.I. 1992/334, art.4.

Modifications etc. (not altering text)

C47S. 87 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F347 Breach of condition]S

Textual Amendments

F347S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F348F34887AAEnforcement of conditions.S

(1)This section applies where planning permission for carrying out any development has been granted subject to conditions.

(2)The planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—

(a)any person who is carrying out or has carried out the development; or

(b)any person having control of the land,

requiring him to secure compliance with such of the conditions as are specified in the notice.

(3)References in this section to the person responsible are to the person on whom the breach of condition notice has been served.

(4)The conditions which may be specified in a notice served by virtue of subsection (2)(b) of this section are any of the conditions regulating the use of the land.

(5)A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.

(6)The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.

(7)The period allowed for compliance with the notice is—

(a)such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice, or

(b)that period as extended by a further notice served by the planning authority on the person responsible.

(8)If, at any time after the end of the period allowed for compliance with the notice.

(a)any of the conditions specified in the notice is not complied with, and

(b)the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,

the person responsible is in breach of the notice.

(9)If the person responsible is in breach of the notice he shall be guilty of an offence.

(10)An offence under subsection (9) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(11)It shall be a defence for a person charged with an offence under subsection (9) of this section to prove—

(a)that he took all reasonable measures to secure compliance with the conditions specified in the notice; or

(b)where the notice was served on him by virtue of subsection (2)(b) of this section, that he no longer had control of the land.

(12)A person who is guilty of an offence under subsection (9) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13)In this section—

(a)“conditions” includes limitations; and

(b)references to carrying out any development include causing or permitting another to do so.]

Textual Amendments

F348S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4. (with art. 5)

[F34987A Register of waste land, enforcement and stop notices.S

(1)Every general and district planning authority shall, with respect to [F350notices under section 63 of this Act], enforcement notices [F351 , breach of condition notices] and stop notices which have been served in relation to land in their district, keep a register—

(a)in such manner; and

(b)containing such information,

as may be prescribed; and there may also be prescribed circumstances in which an entry in the register shall be deleted.

(2)Every register kept under this section shall be available for inspection by the public at all reasonable hours.]

Textual Amendments

Modifications etc. (not altering text)

C48S. 87A extended (with modifications) by S.I. 1992/478, reg. 2, Sch.

C49S. 87A modified (1.5.1993) by S.I. 1993/323, reg. 22, Sch. 4 Pts. 3, 5

88 Execution and cost of works required by enforcement notice.S

(1)If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the. . . F352 planning authority may allow, any steps required by the notice to be taken F353. . .have not been taken, the. . . F352 planning authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so; and if that person, having been entitled to appeal to the Secretary of State failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken in accordance with the notice by the. . . F352 planning authority.

[F354(1A)In computing the amount of the expenses which may be recovered by them under subsection (1) above, a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.]

(2)Any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with an enforcement notice served in respect of any breach of planning control F355. . .and any sums paid by the owner or lessee of any land under subsection (1) of this section in respect of expenses incurred by the. . . F352 planning authority in taking steps required by such a notice to be taken, shall be recoverable from the person by whom the breach of planning control was committed.

[F356(3)If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is proventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.

(4)A planning authority taking steps under subsection (1) above may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(5)Where a planning authority seek, under subsection (1) above, to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—

(a)he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person; and

(b)he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but a planning authority who by reason of the foregoing provisions of this subsection have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.]

[F357(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F355Words in s. 88(2) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13 para. 23, Sch. 19 Pt.IV (with s. 84(5)); S.I 1992/334, art. 4, Schs.1, 2

Modifications etc. (not altering text)

C50S. 88 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

89 Enforcement notice to have effect against subsequent development.S

(1)Compliance with an enforcement notice, whether in respect of—

(a)the [F358removal] or alteration of any building or works; or

(b)the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2)Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3)Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F359removed]or altered.

(4)a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F360level 5 on the standard scale].

Textual Amendments

F360Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C51S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[89AF361 Effect of planning permission, etc., on enforcement or breach of condition notice.S

(1)Where, after the service of—

(a)a copy of an enforcement notice; or

(b)a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2)Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3)The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.]

Textual Amendments

F361S. 89A substituted (26.3.1992 except in so far as it relates to a breach of condition notice, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para.25 (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2 and S.I. 1992/1937, art. 4 (with art. 5)

Modifications etc. (not altering text)

C52S. 89A modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

C53S. 89A(1)(a) extended (26.3.1992) by S.I. 1992/478, reg.2, Sch.

C54S. 89A(3) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Textual Amendments

F347S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F882 Breach of condition]S

Textual Amendments

F882S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F34987A Register of waste land, enforcement and stop notices.S

(1)Every general and district planning authority shall, with respect to [F350notices under section 63 of this Act], enforcement notices [F351 , breach of condition notices] and stop notices which have been served in relation to land in their district, keep a register—

(a)in such manner; and

(b)containing such information,

as may be prescribed; and there may also be prescribed circumstances in which an entry in the register shall be deleted.

(2)Every register kept under this section shall be available for inspection by the public at all reasonable hours.]

Textual Amendments

Modifications etc. (not altering text)

C48S. 87A extended (with modifications) by S.I. 1992/478, reg. 2, Sch.

C49S. 87A modified (1.5.1993) by S.I. 1993/323, reg. 22, Sch. 4 Pts. 3, 5

88 Execution and cost of works required by enforcement notice.S

(1)If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the. . . F352 planning authority may allow, any steps required by the notice to be taken F353. . .have not been taken, the. . . F352 planning authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so; and if that person, having been entitled to appeal to the Secretary of State failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken in accordance with the notice by the. . . F352 planning authority.

[F354(1A)In computing the amount of the expenses which may be recovered by them under subsection (1) above, a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.]

(2)Any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with an enforcement notice served in respect of any breach of planning control F355. . .and any sums paid by the owner or lessee of any land under subsection (1) of this section in respect of expenses incurred by the. . . F352 planning authority in taking steps required by such a notice to be taken, shall be recoverable from the person by whom the breach of planning control was committed.

[F356(3)If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is proventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.

(4)A planning authority taking steps under subsection (1) above may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(5)Where a planning authority seek, under subsection (1) above, to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—

(a)he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person; and

(b)he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but a planning authority who by reason of the foregoing provisions of this subsection have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.]

[F357(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F355Words in s. 88(2) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13 para. 23, Sch. 19 Pt.IV (with s. 84(5)); S.I 1992/334, art. 4, Schs.1, 2

Modifications etc. (not altering text)

C50S. 88 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

89 Enforcement notice to have effect against subsequent development.S

(1)Compliance with an enforcement notice, whether in respect of—

(a)the [F358removal] or alteration of any building or works; or

(b)the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2)Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3)Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F359removed]or altered.

(4)a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F360level 5 on the standard scale].

Textual Amendments

F360Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C51S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[89AF361 Effect of planning permission, etc., on enforcement or breach of condition notice.S

(1)Where, after the service of—

(a)a copy of an enforcement notice; or

(b)a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2)Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3)The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.]

Textual Amendments

F361S. 89A substituted (26.3.1992 except in so far as it relates to a breach of condition notice, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para.25 (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2 and S.I. 1992/1937, art. 4 (with art. 5)

Modifications etc. (not altering text)

C52S. 89A modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

C53S. 89A(1)(a) extended (26.3.1992) by S.I. 1992/478, reg.2, Sch.

C54S. 89A(3) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F362 Certificate of lawful use or development]S

Textual Amendments

F362Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F363F36390Certificate of lawfulness of existing use or development.S

(1)If any person wishes to ascertain whether—

(a)any existing use of buildings or other land is lawful;

(b)any operations which have been carried out in, on, over or under land are lawful; or

(c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the planning authority specifying the land and describing the use, operations or other matter.

(2)For the purposes of this Act, uses and operations are lawful at any time if—

(a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3)For the purposes of this Act, any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

(a)the time for taking enforcement action in respect of the failure has then expired; and

(b)it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

(4)If, on an application under this section, the planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c)give the reasons for determining the use, operations or other thing to be lawful; and

(d)specify the date of the application for the certificate.

(6)The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7)A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

(a)section 3(3) of the M30Caravan Sites and Control of Development Act 1960;

(b)section 5(2) of the M31Control of Pollution Act 1974; and

(c)section 36(2)(a) of the M32Environmental Protection Act 1990.]

Textual Amendments

F363Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

Marginal Citations

[F364F36490ACertificate of lawfulness of proposed use or development.S

(1)If any person wishes to ascertain whether—

(a)any proposed use of buildings or other land; or

(b)any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the planning authority specifying the land and describing the use or operations in question.

(2)If, on an application under this section, the planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c)give the reasons for determining the use or operations to be lawful; and

(d)specify the date of the application for the certificate.

(4)There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.]

Textual Amendments

F364Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5).

[F365F36590BCertificates under sections 90 and 90A: supplementary provisions.S

(1)An application for a certificate under section 90 or 90A of this Act shall be made in such manner as may be prescribed by regulations under this Act or a development order and shall include such particulars, and be verified by such evidence, as may be required by such regulations or such an order or by any directions given under such regulations or such an order or by the planning authority.

(2)Provision may be made by such regulations or a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by planning authorities.

(3)In particular, such regulations or such an order may provide for requiring the authority—

(a)to give to any applicant within such time as may be prescribed by the regulations or the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

(b)to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

(4)A certificate under either of those sections may be issued—

(a)for the whole or part of the land specified in the application; and

(b)where the application specifies two or more uses, operations or other things, for all of them or some one or more of them,

and shall be in such form as may be prescribed by such regulations or a development order.

(5)A certificate under section 90 or 90A shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

(6)In section 31 of this Act references to applications for planning permission shall include references to applications for certificates under section 90 or 90A of this Act.

(7)A planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

(a)a statement was made or document used which was false in a material particular; or

(b)any material information was withheld.

(8)Provision may be made by such regulations or a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.]

Textual Amendments

F365Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5).

[F366F36690COffences.S

(1)If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 90 or 90A of this Act—

(a)knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)with intent to deceive, uses any document which is false or misleading in a material particular; or

(c)with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) of this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.]

Textual Amendments

F366Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

91 Grant of certificate by Secretary of State on referred application or appeal against refusal.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F367

(2)Where an application is made to a. . . F368 planning authority for an estblished use certificateand is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—

(a)if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and

(b)if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.

(3)On. . . F369 an appeal to him under subsection (2) of this section, the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the. . . F368 planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

(4)Before determining an. . . F369 appeal under this section the Secretary of State shall, if either the. . . F369 appellant. . . F369 or the. . . F368 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the. . . F369 appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application.

(6)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

Textual Amendments

Textual Amendments

F362Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F883 Certificate of lawful use or development]S

Textual Amendments

F883Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F363F36390Certificate of lawfulness of existing use or development.S

(1)If any person wishes to ascertain whether—

(a)any existing use of buildings or other land is lawful;

(b)any operations which have been carried out in, on, over or under land are lawful; or

(c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the planning authority specifying the land and describing the use, operations or other matter.

(2)For the purposes of this Act, uses and operations are lawful at any time if—

(a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3)For the purposes of this Act, any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

(a)the time for taking enforcement action in respect of the failure has then expired; and

(b)it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

(4)If, on an application under this section, the planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c)give the reasons for determining the use, operations or other thing to be lawful; and

(d)specify the date of the application for the certificate.

(6)The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7)A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

(a)section 3(3) of the M30Caravan Sites and Control of Development Act 1960;

(b)section 5(2) of the M31Control of Pollution Act 1974; and

(c)section 36(2)(a) of the M32Environmental Protection Act 1990.]

Textual Amendments

F363Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

Marginal Citations

91 Grant of certificate by Secretary of State on referred application or appeal against refusal.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F367

(2)Where an application is made to a. . . F368 planning authority for an estblished use certificateand is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—

(a)if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and

(b)if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.

(3)On. . . F369 an appeal to him under subsection (2) of this section, the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the. . . F368 planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

(4)Before determining an. . . F369 appeal under this section the Secretary of State shall, if either the. . . F369 appellant. . . F369 or the. . . F368 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the. . . F369 appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application.

(6)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

Textual Amendments

[F370 Rights of entry for enforcement purposes]S

Textual Amendments

[F371F37191ARight to enter without warrant.S

(1)Any person duly authorised in writing by a planning authority may at any reasonable hour enter any land—

(a)to ascertain whether there is or has been any breach of planning control on the land or any other land;

(b)to determine whether any of the powers conferred on a planning authority by sections 84 to 91 or 100 of this Act should be exercised in relation to the land or any other land;

(c)to determine how any such power should be exercised in relation to the land or any other land;

(d)to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.

(3)The Secretary of State shall not so authorise any person without consulting the planning authority.

(4)Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the building.]

Textual Amendments

F371Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 43(1), (with s. 84(5)); S.I. 1992/334, art. 4.

[F372F37291BRight to enter under warrant.S

(1)If the sheriff is satisfied —

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 91A(1) or (2) of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2)For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

[F373F37391CRights of entry: supplementary provisions.S

(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 91A or 91B of this Act (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.

(4)The provisions of section 168 of this Act shall apply in relation to compensation under subsection (3) of this section as they apply in relation to compensation under Part VIII of this Act.

(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.]

Textual Amendments

Listed buildingsS

92 Power to serve listed building enforcement notice.S

(1)Where it appears to the. . . F374 planning authority that any works have been, or are being, executed to a listed building in their district and are such as to involve a contravention of section 53(1) or (4) of this Act, then,. . . F375, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

(a)specifying the alleged contravention; and

[F376(b)specifying one of the following sets of steps—

(i)the steps required to restore the building to its former state;

(ii)the steps required to bring the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with;

(iii)subject to subsection (1A) below, the steps required to alleviate, in a manner acceptable to the planning authority, the effects of works executed without listed building consent; and

F377(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F378(1A)A planning authority may specify steps under sub-paragraph (iii) of paragraph (b) of subsection (1) above, if, but only if, it appears to them either—

(a)that complete restoration of the building to its former state is not reasonably practicable; or

(b)that such restoration is undesirable, having regard to the desirability of preserving—

(i)the character of the building; or

(ii)its features of architectural or historical interest.]

(2)a notice under this section is in this Act referred to as a “listed building enforcement notice”.

[F379(2A)Where such steps as are mentioned in subsection (1)(b)(iii) above have been taken in relation to works carried out on a building, listed building consent shall be deemed to have been granted in respect of those works as alleviated.]

(3)a listed building enforcement notice shall be served on the owner, on the lessee and on the occupier of the building to which it relates and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

[F380(3A)Service under subsection (3) above shall be effected by the service of a copy of the notice; and references in this Act to service of listed building enforcement notices shall be so construed.]

[F381(4)A listed building enforcement notice—

(a)shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and

(b)shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.]

[F382(5)The planning authority may—

(a)withdraw a listed building enforcement notice (without prejudice to their power to issue another); or

(b)waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(5A)The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it]

(6)Every. . . F374 planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.]

Textual Amendments

F376S. 92(1)(b)(c) substituted for s. 92(1)(b) by Local Government and Planning (Scotland) Act 1982 (c, 43), s. 69(2), Sch. 2 para. 26(a)

93 Appeal against listed building enforcement notice.S

(1)a person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time [F383before the date specified in the notice as the date on] which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the building is not of special architectural or historic interest;

[F384(b)that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;

(ba)that those matters (if they occurred) do not constitute such a contravention;]

[F385(c)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;]

(d)that listed building consent ought to be granted for the works, or that any relevent condition of such consent which has been granted ought to be discharged, or different conditions substituted;

(e)that the notice was not served as required by section 92(3) of this Act

(f)that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

(g)that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed;

(h)that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to its former state.

[F386(i)that the steps specified under sub-paragraph (ii) of section 92(1)(b) of this Act exceed what is necessary to bring the building to the state mentioned in that sub-paragraph;

(j)that the steps specified under sub-paragraph (iii) of the said section 92(1)(b) exceed what may reasonably be required in terms of that sub-paragraph;

F387(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F388(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F389F390(2A)The provisions of subsections (2A) to (2D) of section 85 of this Act (which relates to appeals against enforcement notices) shall apply to appeals under this section as they apply to appeals under that section.]

(3)Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4)On an appeal under this section,—

[F391(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the listed building enforcement notice; or

(ii)vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 92(3) of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice F392. . ., and the Secretary of State may—

(a)grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous;

(b). . . F393

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

[F389(6)Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.]

(7)The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.

(8)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.]

Textual Amendments

[94F394Offence where listed building enforcement notice not complied with.S

(1)Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.

(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—

(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

95 Execution and cost of works required by listed building enforcement notice.S

(1)If, within the period allowed for compliance with a listed building enforcement notice, any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so.

(2)Any expenses incurred by the owner, lessee or occupier of a building for the purpose of complying with a listed building enforcement notice, and any sums paid by the owner or lessee of a building under subsection (1) of this section in respect of expenses incurred by the. . . F395 planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

(3)The provisions of section 88(3) and (4) of this Act shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a. . . F395 planning authority under subsection (1) of this section.

[F396(4)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

[F39795A Effect of listed building consent on listed building enforcementS

(1)If, after the issue of a listed building enforcement notice, consent is granted under section 53(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.

(2)If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.

(3)The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.]

Textual Amendments

96 Enforcement by, or by direction of, the Secretary of State.S

(1)If it appears to the Secretary of State, after consultation with the. . . F398 planning authority, to be expedient that a listed building enforcement notice should be served in respect of any land, he. . . F399 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F398 planning authority.

(2)In relation to a listed building enforcement notice served by the Secretary of State, the provisions of sections 94(3) and 95 of this Act shall apply as if for any reference therein to the. . . F398 planning authority there were substituted a reference to the Secretary of State.

Textual Amendments

[F40097 Urgent works to preserve building.S

(1)Where it appears to the planning authority or the Secretary of State that works are urgently necessary for the preservation of—

(a)a listed building, or

(b)a building in respect of which a direction has been given by the Secretary of State that this section shall apply,

they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building.

(2)The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area.

(3)If the building is occupied works may be carried out only to those parts which are not in use; and no action may be taken in respect of an excepted building within the meaning of section 56(2) of this Act.

(4)The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out.]

Textual Amendments

[F40197A Recovery of expenses of works under s. 97.S

(1)This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered.

(2)The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3)Where the works consist of or include works for affording temporary support or shelter for the building—

(a)the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b)notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4)The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a)that some or all of the works were unnecessary for the preservation of the building,

(b)in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c)that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5)The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a)to the owner of the building, and

(b)to the planning authority, if they carried out the works.]

Textual Amendments

[F40297ABF402Further provision as to rights of entry in relation to listed buildings.S

(1)The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control.

(2)If the sheriff is satisfied—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(3)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(4)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

[F403F40397ACRights of entry in relation to listed buildings: supplementary provisions.S

(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.

(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.

(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.]

Textual Amendments

Listed buildingsS

92 Power to serve listed building enforcement notice.S

(1)Where it appears to the. . . F374 planning authority that any works have been, or are being, executed to a listed building in their district and are such as to involve a contravention of section 53(1) or (4) of this Act, then,. . . F375, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

(a)specifying the alleged contravention; and

[F376(b)specifying one of the following sets of steps—

(i)the steps required to restore the building to its former state;

(ii)the steps required to bring the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with;

(iii)subject to subsection (1A) below, the steps required to alleviate, in a manner acceptable to the planning authority, the effects of works executed without listed building consent; and

F377(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F378(1A)A planning authority may specify steps under sub-paragraph (iii) of paragraph (b) of subsection (1) above, if, but only if, it appears to them either—

(a)that complete restoration of the building to its former state is not reasonably practicable; or

(b)that such restoration is undesirable, having regard to the desirability of preserving—

(i)the character of the building; or

(ii)its features of architectural or historical interest.]

(2)a notice under this section is in this Act referred to as a “listed building enforcement notice”.

[F379(2A)Where such steps as are mentioned in subsection (1)(b)(iii) above have been taken in relation to works carried out on a building, listed building consent shall be deemed to have been granted in respect of those works as alleviated.]

(3)a listed building enforcement notice shall be served on the owner, on the lessee and on the occupier of the building to which it relates and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

[F380(3A)Service under subsection (3) above shall be effected by the service of a copy of the notice; and references in this Act to service of listed building enforcement notices shall be so construed.]

[F381(4)A listed building enforcement notice—

(a)shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and

(b)shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.]

[F382(5)The planning authority may—

(a)withdraw a listed building enforcement notice (without prejudice to their power to issue another); or

(b)waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(5A)The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it]

(6)Every. . . F374 planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.]

Textual Amendments

F376S. 92(1)(b)(c) substituted for s. 92(1)(b) by Local Government and Planning (Scotland) Act 1982 (c, 43), s. 69(2), Sch. 2 para. 26(a)

93 Appeal against listed building enforcement notice.S

(1)a person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time [F383before the date specified in the notice as the date on] which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the building is not of special architectural or historic interest;

[F384(b)that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;

(ba)that those matters (if they occurred) do not constitute such a contravention;]

[F385(c)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;]

(d)that listed building consent ought to be granted for the works, or that any relevent condition of such consent which has been granted ought to be discharged, or different conditions substituted;

(e)that the notice was not served as required by section 92(3) of this Act

(f)that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

(g)that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed;

(h)that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to its former state.

[F386(i)that the steps specified under sub-paragraph (ii) of section 92(1)(b) of this Act exceed what is necessary to bring the building to the state mentioned in that sub-paragraph;

(j)that the steps specified under sub-paragraph (iii) of the said section 92(1)(b) exceed what may reasonably be required in terms of that sub-paragraph;

F387(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F388(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F389F390(2A)The provisions of subsections (2A) to (2D) of section 85 of this Act (which relates to appeals against enforcement notices) shall apply to appeals under this section as they apply to appeals under that section.]

(3)Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4)On an appeal under this section,—

[F391(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the listed building enforcement notice; or

(ii)vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 92(3) of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice F392. . ., and the Secretary of State may—

(a)grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous;

(b). . . F393

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

[F389(6)Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.]

(7)The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.

(8)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.]

Textual Amendments

[94F394Offence where listed building enforcement notice not complied with.S

(1)Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.

(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—

(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

95 Execution and cost of works required by listed building enforcement notice.S

(1)If, within the period allowed for compliance with a listed building enforcement notice, any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so.

(2)Any expenses incurred by the owner, lessee or occupier of a building for the purpose of complying with a listed building enforcement notice, and any sums paid by the owner or lessee of a building under subsection (1) of this section in respect of expenses incurred by the. . . F395 planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

(3)The provisions of section 88(3) and (4) of this Act shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a. . . F395 planning authority under subsection (1) of this section.

[F396(4)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

[F39795A Effect of listed building consent on listed building enforcementS

(1)If, after the issue of a listed building enforcement notice, consent is granted under section 53(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.

(2)If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.

(3)The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.]

Textual Amendments

96 Enforcement by, or by direction of, the Secretary of State.S

(1)If it appears to the Secretary of State, after consultation with the. . . F398 planning authority, to be expedient that a listed building enforcement notice should be served in respect of any land, he. . . F399 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F398 planning authority.

(2)In relation to a listed building enforcement notice served by the Secretary of State, the provisions of sections 94(3) and 95 of this Act shall apply as if for any reference therein to the. . . F398 planning authority there were substituted a reference to the Secretary of State.

Textual Amendments

[F40097 Urgent works to preserve building.S

(1)Where it appears to the planning authority or the Secretary of State that works are urgently necessary for the preservation of—

(a)a listed building, or

(b)a building in respect of which a direction has been given by the Secretary of State that this section shall apply,

they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building.

(2)The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area.

(3)If the building is occupied works may be carried out only to those parts which are not in use; and no action may be taken in respect of an excepted building within the meaning of section 56(2) of this Act.

(4)The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out.]

Textual Amendments

[F40197A Recovery of expenses of works under s. 97.S

(1)This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered.

(2)The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3)Where the works consist of or include works for affording temporary support or shelter for the building—

(a)the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b)notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4)The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a)that some or all of the works were unnecessary for the preservation of the building,

(b)in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c)that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5)The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a)to the owner of the building, and

(b)to the planning authority, if they carried out the works.]

Textual Amendments

[F404 Hazardous substances]S

Textual Amendments

F404S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5

[F40597BPower to issue hazardous substances contravention notice.S

(1)Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.

(2)A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.

(3)In this Act “hazardous substances contravention notice” means a notice—

(a)specifying an alleged contravention of hazardous substances control; and

(b)requiring such steps as may be specified in the notice to be taken to remedy the contravention.

(4)A copy of a hazardous substances contravention notice shall be served—

(a)on the owner, the lessee and the occupier of the land to which it relates; and

(b)on such other persons as may be prescribed.

(5)A hazardous substances contravention notice shall also specify—

(a)a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;

(b)in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.

(6)Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.

(7)Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.

(8)The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before it takes effect.

(9)If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice.

(10)The Secretary of State may by regulations—

(a)specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by this section;

(b)provide—

(i)for appeals to him against hazardous substances contravention notices;

(ii)for the persons by whom, grounds upon which and time within which such an appeal may be brought;

(iii)for the procedure to be followed on such appeals;

(iv)for the directions that may be given on such an appeal;

(v)for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 85, 231(3) and 233 of this Act;

(c)direct that any of the provisions of sections 86 to 89A [F406and 166] of this Act shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations;

(d)make such other provision as he considers necessary orexpedient in relation to hazardous substances contravention notices.

(11)If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(12)Regulations under this section may make different provisions for different cases or descriptions of cases.]

Textual Amendments

Yn ddilys o 01/05/1993

[F40797BAF407Variation of hazardous substances contravention notices.S

(1)A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.

(2)The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.

(3)The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.]

Textual Amendments

Yn ddilys o 01/05/1993

[F408F40897BBFurther provision as to rights of entry in relation to hazardous substances control.S

(1)The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.

(2)If the sheriff is satisfied—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

Yn ddilys o 01/05/1993

[F409F40997BCRights of entry in relation to hazardous substances control: supplementary provisions.S

(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.

(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(6)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(7)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(8)Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.]

Textual Amendments

TreesS

98 Penalties for non-compliance with tree preservation order.S

[F410(1)If any person, in contravention of a tree preservation order, cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and shall be liable—

[F411(a)on summary conviction to a fine not exceeding £20,0;]

(b)on conviction on indictment, to a fine,

and, in determining the amount of any fine to be imposed on a person convicted F412. . ., the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(2)If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1) of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F413level 4 on the standard scale].

F414(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F415(4)This section shall apply to an offence under section 59A above as it applies to a contravention of a tree preservation order.]

Textual Amendments

99 Enforcement of duties as to replacement of trees.S

(1)If it appears to the. . . F416 planning authority that the provisions of section 60 of this Act, or any conditions of a consent given under a tree preservation order which require the replacement of trees, are not complied with in the case of any tree or trees, that authority may, at any time within two years from the date on which the failure to comply with the said provisions or conditions came to their knowledge, serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.

[F417(2)A notice under subsection (1) of this section shall specify a period at the end of which it is to take effect, being a period of not less than twenty-eight days beginning with the date of service of the notice.]

(3)a person on whom a notice under this section is served may, [F418either by giving written notice to the Secretary of State before the end of the period specified in accordance with subsection (2) of this section, or by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period,], appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the provisions of the said section 60 or the conditions aforesaid are not applicable or have been complied with;

[F419(ab)that in all the circumstances of the case the duty imposed by the said section 60(1) should be dispensed with in relation to any tree;]

(b)that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified therein;

(c)that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;

(d)that the place on which the tree is or trees are required to be planted is unsuitable for that purpose;

and the provisions of section 85(2) [F420to (2D)], (3) and (4)(a) of this Act, and of so much of section 85(5) of this Act as enables the Secretary of State to give directions, shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice.

(4)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under subsection (3) of this section.

(5)In section 88 of this Act, and in regulations in force under that section, references to an enforcement notice and an enforcement notice served in respect of any breach of planning control shall include references to a notice under this section; and in relation to such a notice the reference in subsection (2) of that section to the person by whom the breach of planning control was committed shall be construed as a reference to any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.

[F421(6)Any person who wilfully obstructs a person acting in the exercise of the power under section 88(1) of this Act (as applied by subsection (5) of this section) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

[F422 Rights of entry]S

Textual Amendments

[F423F42399ARights to enter without warrant.S

(1)Any person duly authorised in writing by a planning authority may enter any land for the purpose of—

(a)surveying it in connection with making or confirming a tree preservation order with respect to the land;

(b)ascertaining whether an offence under section 59A or 98 of this Act has been committed on the land; or

(c)determining whether a notice under section 99 should be served on the owner of the land,

if there are reasonable grounds for entering for the purpose in question.

(2)Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.

(3)Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 57 to 60 and 99 of this Act.

(4)Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 163 of this Act.

(5)Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under section 58 or 99 of this Act.

(6)The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.

(7)Admission shall not be demanded as of right—

(a)by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or

(b)by virtue of subsection (3), (4) or (5) to any land which is occupied,

unless 24 hours’ notice of the intended entry has been given to the occupier.

(8)Any right to enter by virtue of this section shall be exercised at a reasonable hour.]

Textual Amendments

[F424F42499BRight to enter under warrant.S

(1)If the sheriff is satisfied—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 99A(1) or (2) of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing by a planning authority or, as the case may be, the Secretary of State to enter the land.

(2)For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

[F425F42599CRights of entry: supplementary provisions.S

(1)Any power conferred under or by virtue of section 99A or 99B to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.

(2)A person authorised to enter land in the exercise of a right of entry—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.]

Textual Amendments

Other controlsS

[F426100 Enforcement of orders under sections 49, 49A and 49B.S

(1)Any person who, without the grant of planning permission in that behalf,—

(a)uses land, or causes or permits land to be used,—

(i)for any purpose for which an order under section 49 of this Act has required that its use shall be discontinued; or

(ii)in contravention of any condition imposed by such an order by virtue of subsection (1) of that section; or

(b)resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals [F427or involving the depositing of mineral waste] the resumption of which an order under section 49A of this Act has prohibited; or

(c)contravenes, or causes or permits to be contravened, any such requirement as is specified in section 49A(3) or (4) of this Act,

shall be guilty of an offence.

(2)Any person who contravenes any requirement of a suspension order or a supplementary suspension order or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

(3)Any person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4)If—

(a)any step required by an order under section 49 of this Act to be taken for the alteration or removal of any buildings or works or any plant or machinery; or

(b)any step required by an order under section 49A of this Act to be taken—

(i)for the alteration or removal of plant or machinery; or

(ii)for the removal or alleviation of any injury to amenity; or

(c)any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order,

has not been taken within the period specified in the order, or within such extended period as the planning authority may allow, the planning authority may enter the land and take that step, and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(5)A planning authority taking any step in terms of subsection (4) of this section may sell any materials removed by them from any land unless those materials are claimed by the owner within three days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(6)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

(7)If any person charged with an offence under this section alleges that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.]

Textual Amendments

101 Enforcement of control as to advertisements.S

[F428(1)The matters for which provision may be made by regulations under section 61 of this Act shall include provision for enabling the. . . F429 planning authority to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Part of this Act with respect to enforcement notices or the provisions of section 166 of this Act, subject to such adaptations and modifications as may be specified in the regulations.]

[(2)F430Without prejudice to any provisions included in regulations made under section 61 of this Act by virtue of subsection (1) of this section,] if any person displays an advertisement in contravention of the provisions of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed by the regulations, not exceeding [F431level 3 on the standard scale] and, in the case of a continuing offence, [F432one-tenth of level 3 on the standard scale] for each day during which the offence continues after conviction.

(3)For the purposes of subsection (2) of this section, and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if—

(a)the advertisement is displayed on land of which he is the owner or occupier; or

(b)the advertisement gives publicity to his goods, trade, business or other concerns:

Provided that a person shall not be guilty of an offence under that subsection by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.

Textual Amendments

Modifications etc. (not altering text)

[F433101AF433Power to remove or obliterate placards and posters.S

(1)Subject to the provisions of this section, a planning authority may remove or obliterate any placard or poster—

(a)which is displayed in their area; and

(b)which in their opinion is so displayed in contravention of regulations made under section 61 of this Act.

(2)Subsection (1) of this section does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.

(3)Subject to subsection (4) of this section, where a placard or poster identifies the person who displayed it or caused it to be displayed, the planning authority shall not exercise any power conferred by subsection (1) of this section unless they have first given him notice in writing—

(a)that in their opinion it is displayed in contravention of regulations made under section 61 of this Act; and

(b)that they intend to remove or obliterate it on the expiry of a period specified in the notice.

(4)Subsection (3) of this section does not apply if—

(a)the placard or poster does not give his address; and

(b)the authority do not know it and are unable to ascertain it after reasonable inquiry.

(5)The period specified in a notice under subsection (3) of this section must be not less than two days from the date of service of the notice.

(6)Any person duly authorised in writing by the planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred by this section if—

(a)the land is unoccupied; and

(b)it would be impossible to exercise the power without entering the land.]

Textual Amendments

Other controlsS

[F426100 Enforcement of orders under sections 49, 49A and 49B.S

(1)Any person who, without the grant of planning permission in that behalf,—

(a)uses land, or causes or permits land to be used,—

(i)for any purpose for which an order under section 49 of this Act has required that its use shall be discontinued; or

(ii)in contravention of any condition imposed by such an order by virtue of subsection (1) of that section; or

(b)resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals [F427or involving the depositing of mineral waste] the resumption of which an order under section 49A of this Act has prohibited; or

(c)contravenes, or causes or permits to be contravened, any such requirement as is specified in section 49A(3) or (4) of this Act,

shall be guilty of an offence.

(2)Any person who contravenes any requirement of a suspension order or a supplementary suspension order or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

(3)Any person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4)If—

(a)any step required by an order under section 49 of this Act to be taken for the alteration or removal of any buildings or works or any plant or machinery; or

(b)any step required by an order under section 49A of this Act to be taken—

(i)for the alteration or removal of plant or machinery; or

(ii)for the removal or alleviation of any injury to amenity; or

(c)any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order,

has not been taken within the period specified in the order, or within such extended period as the planning authority may allow, the planning authority may enter the land and take that step, and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(5)A planning authority taking any step in terms of subsection (4) of this section may sell any materials removed by them from any land unless those materials are claimed by the owner within three days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(6)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

(7)If any person charged with an offence under this section alleges that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.]

Textual Amendments

101 Enforcement of control as to advertisements.S

[F428(1)The matters for which provision may be made by regulations under section 61 of this Act shall include provision for enabling the. . . F429 planning authority to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Part of this Act with respect to enforcement notices or the provisions of section 166 of this Act, subject to such adaptations and modifications as may be specified in the regulations.]

[(2)F430Without prejudice to any provisions included in regulations made under section 61 of this Act by virtue of subsection (1) of this section,] if any person displays an advertisement in contravention of the provisions of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed by the regulations, not exceeding [F431level 3 on the standard scale] and, in the case of a continuing offence, [F432one-tenth of level 3 on the standard scale] for each day during which the offence continues after conviction.

(3)For the purposes of subsection (2) of this section, and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if—

(a)the advertisement is displayed on land of which he is the owner or occupier; or

(b)the advertisement gives publicity to his goods, trade, business or other concerns:

Provided that a person shall not be guilty of an offence under that subsection by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.

Textual Amendments

Modifications etc. (not altering text)

Modifications etc. (not altering text)

Part VS Enforcement of Control under Parts III and IV

Modifications etc. (not altering text)

Development requiring planning permissionS

[84F321Issue of enforcement notice.S

(1)The planning authority may issue a notice (in this Act referred to as an “enforcement notice”) where it appears to them—

(a)that there has been a breach of planning control; and

(b)that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

(2)A copy of an enforcement notice shall be served—

(a)on the owner and on the occupier of the land to which it relates; and

(b)on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.

(3)The service of the notice shall take place—

(a)not more than twenty-eight days after its date of issue; and

(b)not less than twenty-eight days before the date specified in it as the date on which it is to take effect.]

Textual Amendments

F321Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.37 (with s. 84(5)); S.I. 1992/334, arts. 3, 4.

[F322F32284AAContents and effect of notice.S

(1)An enforcement notice shall state—

(a)the matters which appear to the planning authority to constitute the breach of planning control; and

(b)the paragraph of section 83A(1) of this Act within which, in the opinion of the authority, the breach falls.

(2)A notice complies with subsection (1)(a) of this section if it enables any person on whom a copy of it is served to know what those matters are.

(3)An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.

(4)Those purposes are—

(a)remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or

(b)remedying any injury to amenity which has been caused by the breach.

(5)An enforcement notice may, for example, require—

(a)the alteration or removal of any buildings or works;

(b)the carrying out of any building or other operations;

(c)any activity on the land not to be carried on except to the extent specified in the notice; or

(d)the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.

(6)An enforcement notice issued in respect of a breach of planning control consisting of demolition of a building may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7) of this section, is as similar as possible to the demolished building.

(7)A replacement building—

(a)must comply with any requirement imposed by or under any enactment applicable to the construction of buildings;

(b)may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

(c)must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b) of this subsection).

(8)An enforcement notice shall specify the date on which it is to take effect and, subject to section 85(3) of this Act, shall take effect on that date.

(9)An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities; and, where different periods apply to different steps or activities, references in this Part of this Act to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.

(10)An enforcement notice shall specify such additional matters as may be prescribed, and regulations may require every copy of an enforcement notice served under section 84 of this Act to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 85 of this Act.

(11)Where—

(a)an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so; and

(b)all the requirements of the notice have been complied with,

then, so far as the notice did not so require, planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.

(12)Where—

(a)an enforcement notice requires the construction of a replacement building; and

(b)all the requirements of the notice with respect to that construction have been complied with,

planning permission shall be treated as having been granted under section 29 of this Act in respect of development consisting of that construction.]

Textual Amendments

F322Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss.37, 84(2) (with s. 84(5)); S.I. 1992/334, arts. 3, 4 .

Modifications etc. (not altering text)

C42S. 84AA(10) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F323F32384ABVariation and withdrawal of enforcement notices.S

(1)The planning authority may—

(a)withdraw an enforcement notice issued by them; or

(b)waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 84AA(9) of this Act.

(2)The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.

(3)The planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were re-issued, be served with a copy of it.

(4)The withdrawal of an enforcement notice does not affect the power of the planning authority to issue a further enforcement notice.]

Textual Amendments

F323Ss. 84, 84AA, 84AB substituted for s. 84 (24.2.1992 for purpose of enabling Secretary of State to make regulations under s. 84AA(10), otherwise 26.3.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss.37, 84(2) (with s. 84(5)); S.I. 1992/334, arts. 3, 4.

Modifications etc. (not altering text)

C43S. 84AB extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F32484A Power of regional planning authority to take enforcement action.S

(1)If a regional planning authority are of the opinion that a structure plan prepared by them and approved by the Secretary of State is materially prejudiced by a breach of planning control they may, after consultation with any district planning authority in whose district the breach has taken place, and subject to subsection (2) below, serve an enforcement notice under this subsection requiring the breach Ato be remedied.

(2)Where a regional planning authority serve a notice under subsection (1) above the provisions of sections [F32583A, 83B, 84 (except subsection (1)), 84AA, 84AB,] 85, 86, 87, 88, 89, 89A, 166, 265(1)(c) and 265(2A) of this Act shall apply, with any necessary modifications, in relation to the regional planning authority and a notice under subsection (1) above as they apply in relation to a district planning authority and a notice under subsection (1) of the said section 84.]

Textual Amendments

85 Appeal against enforcement notice.S

—

[F326(1)A person on whom an enforcement notice is served, or any other person having an interest in the land may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)that those matters have not occurred;

(c)that those matters (if they occurred) do not constitute a breach of planning control;

(d)that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)that copies of the enforcement notice were not served as required by section 84 of this Act;

(f)that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g)that any period specified in the notice in accordance with section 84AA(9) of this Act falls short of what should reasonably be allowed.

(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F327(2A)A person who gives notice under subsection (2) of this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed under subsection (2B) of this section, a statement in writing—

(a)specifying the grounds on which he is appealing against the enforcement notice; and

(b)giving such further information as may be so prescribed.

(2B)The Secretary of State may prescribe the procedure to be followed on appeals under this section, and (without prejudice to the generality of the foregoing provisions of this subsection) in so prescribing—

(a)may specify the time within which an appellant is to submit a statement under subsection (2A) of this section and the matters on which information is to be given in such a statement;

(b)may require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;

(c)may specify the matters to be included in such a statement;

(d)may require the authority or the appellant to give such notice of an appeal under this section as may be specified, [F328to such persons as may be specified];

(e)may require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons on whom the notice has been served.

(2C)The Secretary of State—

(a)may dismiss an appeal if the appellant fails to comply with subsection (2A) above within the time prescribed under subsection (2B)(a) above; and

(b)may allow an appeal and quash the enforcement notice if the planning authority fail to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of subsection (2B) above.

(2D)Subject to subsection (2C) above, the Secretary of State shall, if either the planning authority or the appellant so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.]

(3)Where an appeal is brought under this section, the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4)On an appeal under this section—

[F329(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the enforcement notice; or

(ii)vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section [F33084(2)]of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section, the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice F331. . . ; and the Secretary of State may—

[F332(a)grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

(b)discharge any condition or limitation subject to which planning permission was granted;

(c)grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

[F332(d)determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.]]

(6)In considering whether to grant planning permission under subsection (5) of this section, the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject-matter of the enforcement notice, and to any other material considerations; —

[F333(6A)The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

(6B)Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.]

(7)Where an appeal against an enforcement notice is brought under this section, the appellant shall be deemed to have made an application for planning permission [F334in respect of the matters stated in the enforcement notice as constituting a breach of planning control]and, in relation to any exercise by the Secretary of State of his powers under subsection (5) of this section, the following provisions shall have effect—

(a)any planning permission granted thereunder shall be treated as granted on the said application;

(b)in relation to a grant of planning permission or a determination under that subsection, the Secretary of State’s decision shall be final; and

(c)for the purposes of section 31 of this Act, the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the. . . F335 planning authority.

[F336(7A)Where—

(a)the statement under subsection (2A) of section 85 of this Act specifies the ground mentioned in subsection (1)(a) of that section;

(b)any fee is payable under regulations made by virtue of section 87 (fees for planning applications etc.) of the M29Local Government, Planning and Land Act 1980 in respect of the application deemed to be made by virtue of the appeal; and

(c)the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,

then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.]

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F337

(9)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by regulations under any other provision of this Act.

(10)The validity of an enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) to (e) of subsection (1) of this section.

F338(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332S. 85(5)(a)-(d) substituted for s. 85(5)(a)(b) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(2), Sch. 13, para. 20(c)(ii) (with s. 84(5)), the substitution being in force at 26.3.1992 as regards s. 85(5)(a)-(c) by S.I. 1992/334, art. 4, Sch.2 and (prosp.)as regards s. 85(5)(d).

Modifications etc. (not altering text)

C45S. 85(10) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Marginal Citations

[86F339Offence where enforcement notice not complied with.S

(1)Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.

(2)Where the owner of the land is in breach of the notice he shall be guilty of an offence.

(3)In proceedings against any person for an offence under subsection (2) of this section, it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4)A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.

(5)A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) of this section shall be guilty of an offence.

(6)An offence under subsection (2) or (5) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.

(7)Where—

(a)a person charged with an offence under this section has not been served with a copy of the enforcement notice; and

(b)the notice is not contained in the appropriate register kept under section 87A of this Act,

it shall be a defence for him to show that he was not aware of the existence of the notice.

(8)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

Modifications etc. (not altering text)

C46S. 86 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

S. 86 modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[F34087 Stop Notices.S

.

[F341(1)Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the period for compliance with an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.

(2)In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.

(2A)A stop notice may not be served where the enforcement notice has taken effect.

(2B)A stop notice shall not prohibit the use of any building as a dwellinghouse.

(2C)A stop notice shall not prohibit the carrying out of any activity if the activity has been carried out (whether continuously or not) for a period of more than four years ending with the service of the notice; and for the purposes of this subsection no account is to be taken of any period during which the activity was authorised by planning permission.

(2D)Subsection (2C) of this section does not prevent a stop notice prohibiting any activity consisting of, or incidental to, building, engineering, mining or other operations or the deposit of refuse or waste materials.

(3)A stop notice shall specify the date when it is to come into effect, and that date—

(a)must not be earlier than three days after the date when the notice is served, unless the planning authority consider that there are special reasons for specifying an earlier date and a statement of those reasons is served with the stop notice; and

(b)must not be later than twenty-eight days from the date when the notice is first served on any person.]

(4)A stop notice shall cease to have effect—(a)when it is withdrawn under the provisions of subsection (10) below;

(b)when the enforcement notice to which it relates is withdrawn or quashed; or

(c)when the period for compliance with that enforcement notice specified under section [F34284AA(9)] of this Act has expired;

whichever is the earlier.

(5)Where the enforcement notice to which a stop notice relates is varied so that it no longer relates to any [F343relevant activity], the stop notice shall cease to have effect in relation to that activity.

(6)A stop notice may be served by the planning authority on any person who appears to them to have an interest in the land or to be engaged in [F344the relevant activity specified] in the enforcement notice.

(7)The planning authority may publicise a stop notice by displaying on the land a notice (to be referred to as a “site notice”) which shall state—

(a)the requirements of the stop notice;

(b)that the stop notice has been served on a particular person or persons; and

(c)the consequences under subsection (8) below of contravention of the stop notice.

[F345(8)If any person contravenes a stop notice after a site notice has been displayed or the stop notice has been served on him he shall be guilty of an offence.

(8A)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(8B)It shall be a defence in any proceedings under subsection (8) of this section that the stop notice was not served on the accused and that he had no reasonable cause to believe that the activity was prohibited by the stop notice.

(8C)References in this section to contravening a stop notice include causing or permitting its contravention.

(8D)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

(8E)In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(9)A stop notice shall not be invalid by reason that the enforcement notice to which it relates was not served as required by section [F34684] of this Act if it is shown that the planning authority took all such steps as were reasonably practicable to effect proper service.

(10)The planning authority may at any time withdraw a stop notice (without prejudice to their power to serve another) by notice which—

(a)shall be served on all persons who were served with the stop notice; and

(b)shall be publicised by displaying it for seven days in place of all or any relative site notices.]

Textual Amendments

F341S. 87(1)(2)-(2D)(3) substituted (26.3.1992) for s. 87(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 41(1), (with s. 84(5)); S.I. 1992/334, art.4.

Modifications etc. (not altering text)

C47S. 87 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

[F347 Breach of condition]S

Textual Amendments

F347S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F348F34887AAEnforcement of conditions.S

(1)This section applies where planning permission for carrying out any development has been granted subject to conditions.

(2)The planning authority may, if any of the conditions is not complied with, serve a notice (in this Act referred to as a “breach of condition notice”) on—

(a)any person who is carrying out or has carried out the development; or

(b)any person having control of the land,

requiring him to secure compliance with such of the conditions as are specified in the notice.

(3)References in this section to the person responsible are to the person on whom the breach of condition notice has been served.

(4)The conditions which may be specified in a notice served by virtue of subsection (2)(b) of this section are any of the conditions regulating the use of the land.

(5)A breach of condition notice shall specify the steps which the authority consider ought to be taken, or the activities which the authority consider ought to cease, to secure compliance with the conditions specified in the notice.

(6)The authority may by notice served on the person responsible withdraw the breach of condition notice, but its withdrawal shall not affect the power to serve on him a further breach of condition notice in respect of the conditions specified in the earlier notice or any other conditions.

(7)The period allowed for compliance with the notice is—

(a)such period of not less than twenty-eight days beginning with the date of service of the notice as may be specified in the notice, or

(b)that period as extended by a further notice served by the planning authority on the person responsible.

(8)If, at any time after the end of the period allowed for compliance with the notice.

(a)any of the conditions specified in the notice is not complied with, and

(b)the steps specified in the notice have not been taken or, as the case may be, the activities specified in the notice have not ceased,

the person responsible is in breach of the notice.

(9)If the person responsible is in breach of the notice he shall be guilty of an offence.

(10)An offence under subsection (9) of this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.

(11)It shall be a defence for a person charged with an offence under subsection (9) of this section to prove—

(a)that he took all reasonable measures to secure compliance with the conditions specified in the notice; or

(b)where the notice was served on him by virtue of subsection (2)(b) of this section, that he no longer had control of the land.

(12)A person who is guilty of an offence under subsection (9) of this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13)In this section—

(a)“conditions” includes limitations; and

(b)references to carrying out any development include causing or permitting another to do so.]

Textual Amendments

F348S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4. (with art. 5)

[F34987A Register of waste land, enforcement and stop notices.S

(1)Every general and district planning authority shall, with respect to [F350notices under section 63 of this Act], enforcement notices [F351 , breach of condition notices] and stop notices which have been served in relation to land in their district, keep a register—

(a)in such manner; and

(b)containing such information,

as may be prescribed; and there may also be prescribed circumstances in which an entry in the register shall be deleted.

(2)Every register kept under this section shall be available for inspection by the public at all reasonable hours.]

Textual Amendments

Modifications etc. (not altering text)

C48S. 87A extended (with modifications) by S.I. 1992/478, reg. 2, Sch.

C49S. 87A modified (1.5.1993) by S.I. 1993/323, reg. 22, Sch. 4 Pts. 3, 5

88 Execution and cost of works required by enforcement notice.S

(1)If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the. . . F352 planning authority may allow, any steps required by the notice to be taken F353. . .have not been taken, the. . . F352 planning authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so; and if that person, having been entitled to appeal to the Secretary of State failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken in accordance with the notice by the. . . F352 planning authority.

[F354(1A)In computing the amount of the expenses which may be recovered by them under subsection (1) above, a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.]

(2)Any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with an enforcement notice served in respect of any breach of planning control F355. . .and any sums paid by the owner or lessee of any land under subsection (1) of this section in respect of expenses incurred by the. . . F352 planning authority in taking steps required by such a notice to be taken, shall be recoverable from the person by whom the breach of planning control was committed.

[F356(3)If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is proventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.

(4)A planning authority taking steps under subsection (1) above may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(5)Where a planning authority seek, under subsection (1) above, to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—

(a)he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person; and

(b)he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but a planning authority who by reason of the foregoing provisions of this subsection have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.]

[F357(6)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F355Words in s. 88(2) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 61, 84(6), Sch. 13 para. 23, Sch. 19 Pt.IV (with s. 84(5)); S.I 1992/334, art. 4, Schs.1, 2

Modifications etc. (not altering text)

C50S. 88 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

89 Enforcement notice to have effect against subsequent development.S

(1)Compliance with an enforcement notice, whether in respect of—

(a)the [F358removal] or alteration of any building or works; or

(b)the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2)Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3)Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F359removed]or altered.

(4)a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F359removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F360level 5 on the standard scale].

Textual Amendments

F360Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C51S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

[89AF361 Effect of planning permission, etc., on enforcement or breach of condition notice.S

(1)Where, after the service of—

(a)a copy of an enforcement notice; or

(b)a breach of condition notice,

planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.

(2)Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

(3)The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.]

Textual Amendments

F361S. 89A substituted (26.3.1992 except in so far as it relates to a breach of condition notice, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para.25 (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2 and S.I. 1992/1937, art. 4 (with art. 5)

Modifications etc. (not altering text)

C52S. 89A modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

C53S. 89A(1)(a) extended (26.3.1992) by S.I. 1992/478, reg.2, Sch.

C54S. 89A(3) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Textual Amendments

F347S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F362 Certificate of lawful use or development]S

Textual Amendments

F362Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

[F363F36390Certificate of lawfulness of existing use or development.S

(1)If any person wishes to ascertain whether—

(a)any existing use of buildings or other land is lawful;

(b)any operations which have been carried out in, on, over or under land are lawful; or

(c)any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,

he may make an application for the purpose to the planning authority specifying the land and describing the use, operations or other matter.

(2)For the purposes of this Act, uses and operations are lawful at any time if—

(a)no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and

(b)they do not constitute a contravention of any of the requirements of any enforcement notice then in force.

(3)For the purposes of this Act, any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—

(a)the time for taking enforcement action in respect of the failure has then expired; and

(b)it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.

(4)If, on an application under this section, the planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(5)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c)give the reasons for determining the use, operations or other thing to be lawful; and

(d)specify the date of the application for the certificate.

(6)The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.

(7)A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—

(a)section 3(3) of the M30Caravan Sites and Control of Development Act 1960;

(b)section 5(2) of the M31Control of Pollution Act 1974; and

(c)section 36(2)(a) of the M32Environmental Protection Act 1990.]

Textual Amendments

F363Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

Marginal Citations

[F364F36490ACertificate of lawfulness of proposed use or development.S

(1)If any person wishes to ascertain whether—

(a)any proposed use of buildings or other land; or

(b)any operations proposed to be carried out in, on, over or under land,

would be lawful, he may make an application for the purpose to the planning authority specifying the land and describing the use or operations in question.

(2)If, on an application under this section, the planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application they shall issue a certificate to that effect; and in any other case they shall refuse the application.

(3)A certificate under this section shall—

(a)specify the land to which it relates;

(b)describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);

(c)give the reasons for determining the use or operations to be lawful; and

(d)specify the date of the application for the certificate.

(4)There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.]

Textual Amendments

F364Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5).

[F365F36590BCertificates under sections 90 and 90A: supplementary provisions.S

(1)An application for a certificate under section 90 or 90A of this Act shall be made in such manner as may be prescribed by regulations under this Act or a development order and shall include such particulars, and be verified by such evidence, as may be required by such regulations or such an order or by any directions given under such regulations or such an order or by the planning authority.

(2)Provision may be made by such regulations or a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by planning authorities.

(3)In particular, such regulations or such an order may provide for requiring the authority—

(a)to give to any applicant within such time as may be prescribed by the regulations or the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and

(b)to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

(4)A certificate under either of those sections may be issued—

(a)for the whole or part of the land specified in the application; and

(b)where the application specifies two or more uses, operations or other things, for all of them or some one or more of them,

and shall be in such form as may be prescribed by such regulations or a development order.

(5)A certificate under section 90 or 90A shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.

(6)In section 31 of this Act references to applications for planning permission shall include references to applications for certificates under section 90 or 90A of this Act.

(7)A planning authority may revoke a certificate under either of those sections if, on the application for the certificate—

(a)a statement was made or document used which was false in a material particular; or

(b)any material information was withheld.

(8)Provision may be made by such regulations or a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.]

Textual Amendments

F365Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts. 3, 4 (with art. 5).

[F366F36690COffences.S

(1)If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 90 or 90A of this Act—

(a)knowingly or recklessly makes a statement which is false or misleading in a material particular;

(b)with intent to deceive, uses any document which is false or misleading in a material particular; or

(c)with intent to deceive, withholds any material information,

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) of this section shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.]

Textual Amendments

F366Ss. 90-90C and cross heading substituted for s. 90 (10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

91 Grant of certificate by Secretary of State on referred application or appeal against refusal.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F367

(2)Where an application is made to a. . . F368 planning authority for an estblished use certificateand is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—

(a)if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and

(b)if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.

(3)On. . . F369 an appeal to him under subsection (2) of this section, the Secretary of State may, in respect of any use of land for which an established use certificate is not granted (either by him or by the. . . F368 planning authority), grant planning permission for that use or, as the case may be, for the continuance of that use without complying with some condition subject to which a previous planning permission was granted.

(4)Before determining an. . . F369 appeal under this section the Secretary of State shall, if either the. . . F369 appellant. . . F369 or the. . . F368 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(5)In the case of any use of land for which the Secretary of State has power to grant planning permission under this section, the. . . F369 appellant shall be deemed to have made an application for such planning permission; and any planning permission so granted shall be treated as granted on the said application.

(6)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.

Textual Amendments

Textual Amendments

F362Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

Listed buildingsS

92 Power to serve listed building enforcement notice.S

(1)Where it appears to the. . . F374 planning authority that any works have been, or are being, executed to a listed building in their district and are such as to involve a contravention of section 53(1) or (4) of this Act, then,. . . F375, they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—

(a)specifying the alleged contravention; and

[F376(b)specifying one of the following sets of steps—

(i)the steps required to restore the building to its former state;

(ii)the steps required to bring the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with;

(iii)subject to subsection (1A) below, the steps required to alleviate, in a manner acceptable to the planning authority, the effects of works executed without listed building consent; and

F377(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F378(1A)A planning authority may specify steps under sub-paragraph (iii) of paragraph (b) of subsection (1) above, if, but only if, it appears to them either—

(a)that complete restoration of the building to its former state is not reasonably practicable; or

(b)that such restoration is undesirable, having regard to the desirability of preserving—

(i)the character of the building; or

(ii)its features of architectural or historical interest.]

(2)a notice under this section is in this Act referred to as a “listed building enforcement notice”.

[F379(2A)Where such steps as are mentioned in subsection (1)(b)(iii) above have been taken in relation to works carried out on a building, listed building consent shall be deemed to have been granted in respect of those works as alleviated.]

(3)a listed building enforcement notice shall be served on the owner, on the lessee and on the occupier of the building to which it relates and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

[F380(3A)Service under subsection (3) above shall be effected by the service of a copy of the notice; and references in this Act to service of listed building enforcement notices shall be so construed.]

[F381(4)A listed building enforcement notice—

(a)shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and

(b)shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.]

[F382(5)The planning authority may—

(a)withdraw a listed building enforcement notice (without prejudice to their power to issue another); or

(b)waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(5A)The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it]

(6)Every. . . F374 planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.]

Textual Amendments

F376S. 92(1)(b)(c) substituted for s. 92(1)(b) by Local Government and Planning (Scotland) Act 1982 (c, 43), s. 69(2), Sch. 2 para. 26(a)

93 Appeal against listed building enforcement notice.S

(1)a person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time [F383before the date specified in the notice as the date on] which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the building is not of special architectural or historic interest;

[F384(b)that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;

(ba)that those matters (if they occurred) do not constitute such a contravention;]

[F385(c)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;]

(d)that listed building consent ought to be granted for the works, or that any relevent condition of such consent which has been granted ought to be discharged, or different conditions substituted;

(e)that the notice was not served as required by section 92(3) of this Act

(f)that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

(g)that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed;

(h)that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to its former state.

[F386(i)that the steps specified under sub-paragraph (ii) of section 92(1)(b) of this Act exceed what is necessary to bring the building to the state mentioned in that sub-paragraph;

(j)that the steps specified under sub-paragraph (iii) of the said section 92(1)(b) exceed what may reasonably be required in terms of that sub-paragraph;

F387(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F388(2)An appeal under this section shall be made either—

(a)by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b)by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F389F390(2A)The provisions of subsections (2A) to (2D) of section 85 of this Act (which relates to appeals against enforcement notices) shall apply to appeals under this section as they apply to appeals under that section.]

(3)Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4)On an appeal under this section,—

[F391(a)the Secretary of State may—

(i)correct any defect, error or misdescription in the listed building enforcement notice; or

(ii)vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.]

(b)in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 92(3) of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

(5)On the determination of an appeal under this section the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice F392. . ., and the Secretary of State may—

(a)grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous;

(b). . . F393

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

[F389(6)Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.]

(7)The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.

(8)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.]

Textual Amendments

[94F394Offence where listed building enforcement notice not complied with.S

(1)Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.

(2)If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

(3)An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

(4)In proceedings against any person for an offence under this section, it shall be a defence for him to show—

(a)that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

(b)that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

(5)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding £20,0; and

(b)on conviction on indictment, to a fine.

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

Textual Amendments

95 Execution and cost of works required by listed building enforcement notice.S

(1)If, within the period allowed for compliance with a listed building enforcement notice, any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so.

(2)Any expenses incurred by the owner, lessee or occupier of a building for the purpose of complying with a listed building enforcement notice, and any sums paid by the owner or lessee of a building under subsection (1) of this section in respect of expenses incurred by the. . . F395 planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

(3)The provisions of section 88(3) and (4) of this Act shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a. . . F395 planning authority under subsection (1) of this section.

[F396(4)Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

[F39795A Effect of listed building consent on listed building enforcementS

(1)If, after the issue of a listed building enforcement notice, consent is granted under section 53(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.

(2)If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.

(3)The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.]

Textual Amendments

96 Enforcement by, or by direction of, the Secretary of State.S

(1)If it appears to the Secretary of State, after consultation with the. . . F398 planning authority, to be expedient that a listed building enforcement notice should be served in respect of any land, he. . . F399 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F398 planning authority.

(2)In relation to a listed building enforcement notice served by the Secretary of State, the provisions of sections 94(3) and 95 of this Act shall apply as if for any reference therein to the. . . F398 planning authority there were substituted a reference to the Secretary of State.

Textual Amendments

[F40097 Urgent works to preserve building.S

(1)Where it appears to the planning authority or the Secretary of State that works are urgently necessary for the preservation of—

(a)a listed building, or

(b)a building in respect of which a direction has been given by the Secretary of State that this section shall apply,

they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building.

(2)The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area.

(3)If the building is occupied works may be carried out only to those parts which are not in use; and no action may be taken in respect of an excepted building within the meaning of section 56(2) of this Act.

(4)The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out.]

Textual Amendments

[F40197A Recovery of expenses of works under s. 97.S

(1)This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered.

(2)The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.

(3)Where the works consist of or include works for affording temporary support or shelter for the building—

(a)the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and

(b)notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4)The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a)that some or all of the works were unnecessary for the preservation of the building,

(b)in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or

(c)that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5)The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a)to the owner of the building, and

(b)to the planning authority, if they carried out the works.]

Textual Amendments

[F40297ABF402Further provision as to rights of entry in relation to listed buildings.S

(1)The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control.

(2)If the sheriff is satisfied—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(3)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(4)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

[F403F40397ACRights of entry in relation to listed buildings: supplementary provisions.S

(1)Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.

(3)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.

(5)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(6)Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(7)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(8)No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.

(9)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(10)Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.]

Textual Amendments

[F404 Hazardous substances]S

Textual Amendments

F404S. 97B and crossheading inserted (18.2.1993 for certain purposes, otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 36; S.I. 1993/273, arts.3, 5

[F40597BPower to issue hazardous substances contravention notice.S

(1)Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.

(2)A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.

(3)In this Act “hazardous substances contravention notice” means a notice—

(a)specifying an alleged contravention of hazardous substances control; and

(b)requiring such steps as may be specified in the notice to be taken to remedy the contravention.

(4)A copy of a hazardous substances contravention notice shall be served—

(a)on the owner, the lessee and the occupier of the land to which it relates; and

(b)on such other persons as may be prescribed.

(5)A hazardous substances contravention notice shall also specify—

(a)a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;

(b)in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.

(6)Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.

(7)Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.

(8)The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before it takes effect.

(9)If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice.

(10)The Secretary of State may by regulations—

(a)specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by this section;

(b)provide—

(i)for appeals to him against hazardous substances contravention notices;

(ii)for the persons by whom, grounds upon which and time within which such an appeal may be brought;

(iii)for the procedure to be followed on such appeals;

(iv)for the directions that may be given on such an appeal;

(v)for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 85, 231(3) and 233 of this Act;

(c)direct that any of the provisions of sections 86 to 89A [F406and 166] of this Act shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations;

(d)make such other provision as he considers necessary orexpedient in relation to hazardous substances contravention notices.

(11)If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(12)Regulations under this section may make different provisions for different cases or descriptions of cases.]

Textual Amendments

Yn ddilys o 01/05/1993

[F40797BAF407Variation of hazardous substances contravention notices.S

(1)A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.

(2)The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.

(3)The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.]

Textual Amendments

Yn ddilys o 01/05/1993

[F408F40897BBFurther provision as to rights of entry in relation to hazardous substances control.S

(1)The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.

(2)If the sheriff is satisfied—

(a)that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and

(b)that—

(i)admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2)For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)A warrant authorises entry on one occasion only and that entry must be—

(a)within one month from the date of the issue of the warrant; and

(b)at a reasonable hour, unless the case is one of urgency.]

Textual Amendments

Yn ddilys o 01/05/1993

[F409F40997BCRights of entry in relation to hazardous substances control: supplementary provisions.S

(1)A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)—

(a)shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

(b)may take with him such other persons as may be necessary; and

(c)on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

(2)Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3)If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.

(4)If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

(5)Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

(6)A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(7)The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—

(a)the land in question is held by statutory undertakers; and

(b)they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(8)Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.]

Textual Amendments

TreesS

98 Penalties for non-compliance with tree preservation order.S

[F410(1)If any person, in contravention of a tree preservation order, cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and shall be liable—

[F411(a)on summary conviction to a fine not exceeding £20,0;]

(b)on conviction on indictment, to a fine,

and, in determining the amount of any fine to be imposed on a person convicted F412. . ., the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.]

(2)If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1) of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F413level 4 on the standard scale].

F414(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F415(4)This section shall apply to an offence under section 59A above as it applies to a contravention of a tree preservation order.]

Textual Amendments

99 Enforcement of duties as to replacement of trees.S

(1)If it appears to the. . . F416 planning authority that the provisions of section 60 of this Act, or any conditions of a consent given under a tree preservation order which require the replacement of trees, are not complied with in the case of any tree or trees, that authority may, at any time within two years from the date on which the failure to comply with the said provisions or conditions came to their knowledge, serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.

[F417(2)A notice under subsection (1) of this section shall specify a period at the end of which it is to take effect, being a period of not less than twenty-eight days beginning with the date of service of the notice.]

(3)a person on whom a notice under this section is served may, [F418either by giving written notice to the Secretary of State before the end of the period specified in accordance with subsection (2) of this section, or by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period,], appeal to the Secretary of State against the notice on any of the following grounds—

(a)that the provisions of the said section 60 or the conditions aforesaid are not applicable or have been complied with;

[F419(ab)that in all the circumstances of the case the duty imposed by the said section 60(1) should be dispensed with in relation to any tree;]

(b)that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified therein;

(c)that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;

(d)that the place on which the tree is or trees are required to be planted is unsuitable for that purpose;

and the provisions of section 85(2) [F420to (2D)], (3) and (4)(a) of this Act, and of so much of section 85(5) of this Act as enables the Secretary of State to give directions, shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice.

(4)Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under subsection (3) of this section.

(5)In section 88 of this Act, and in regulations in force under that section, references to an enforcement notice and an enforcement notice served in respect of any breach of planning control shall include references to a notice under this section; and in relation to such a notice the reference in subsection (2) of that section to the person by whom the breach of planning control was committed shall be construed as a reference to any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.

[F421(6)Any person who wilfully obstructs a person acting in the exercise of the power under section 88(1) of this Act (as applied by subsection (5) of this section) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

Other controlsS

[F426100 Enforcement of orders under sections 49, 49A and 49B.S

(1)Any person who, without the grant of planning permission in that behalf,—

(a)uses land, or causes or permits land to be used,—

(i)for any purpose for which an order under section 49 of this Act has required that its use shall be discontinued; or

(ii)in contravention of any condition imposed by such an order by virtue of subsection (1) of that section; or

(b)resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals [F427or involving the depositing of mineral waste] the resumption of which an order under section 49A of this Act has prohibited; or

(c)contravenes, or causes or permits to be contravened, any such requirement as is specified in section 49A(3) or (4) of this Act,

shall be guilty of an offence.

(2)Any person who contravenes any requirement of a suspension order or a supplementary suspension order or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.

(3)Any person guilty of an offence under this section shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to a fine.

(4)If—

(a)any step required by an order under section 49 of this Act to be taken for the alteration or removal of any buildings or works or any plant or machinery; or

(b)any step required by an order under section 49A of this Act to be taken—

(i)for the alteration or removal of plant or machinery; or

(ii)for the removal or alleviation of any injury to amenity; or

(c)any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order,

has not been taken within the period specified in the order, or within such extended period as the planning authority may allow, the planning authority may enter the land and take that step, and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

(5)A planning authority taking any step in terms of subsection (4) of this section may sell any materials removed by them from any land unless those materials are claimed by the owner within three days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.

(6)It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.

(7)If any person charged with an offence under this section alleges that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.]

Textual Amendments

101 Enforcement of control as to advertisements.S

[F428(1)The matters for which provision may be made by regulations under section 61 of this Act shall include provision for enabling the. . . F429 planning authority to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Part of this Act with respect to enforcement notices or the provisions of section 166 of this Act, subject to such adaptations and modifications as may be specified in the regulations.]

[(2)F430Without prejudice to any provisions included in regulations made under section 61 of this Act by virtue of subsection (1) of this section,] if any person displays an advertisement in contravention of the provisions of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed by the regulations, not exceeding [F431level 3 on the standard scale] and, in the case of a continuing offence, [F432one-tenth of level 3 on the standard scale] for each day during which the offence continues after conviction.

(3)For the purposes of subsection (2) of this section, and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if—

(a)the advertisement is displayed on land of which he is the owner or occupier; or

(b)the advertisement gives publicity to his goods, trade, business or other concerns:

Provided that a person shall not be guilty of an offence under that subsection by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.

Textual Amendments

Modifications etc. (not altering text)

[F433101AF433Power to remove or obliterate placards and posters.S

(1)Subject to the provisions of this section, a planning authority may remove or obliterate any placard or poster—

(a)which is displayed in their area; and

(b)which in their opinion is so displayed in contravention of regulations made under section 61 of this Act.

(2)Subsection (1) of this section does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.

(3)Subject to subsection (4) of this section, where a placard or poster identifies the person who displayed it or caused it to be displayed, the planning authority shall not exercise any power conferred by subsection (1) of this section unless they have first given him notice in writing—

(a)that in their opinion it is displayed in contravention of regulations made under section 61 of this Act; and

(b)that they intend to remove or obliterate it on the expiry of a period specified in the notice.

(4)Subsection (3) of this section does not apply if—

(a)the placard or poster does not give his address; and

(b)the authority do not know it and are unable to ascertain it after reasonable inquiry.

(5)The period specified in a notice under subsection (3) of this section must be not less than two days from the date of service of the notice.

(6)Any person duly authorised in writing by the planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred by this section if—

(a)the land is unoccupied; and

(b)it would be impossible to exercise the power without entering the land.]

Textual Amendments

Part VIS Acquisition and Appropriation of Land and Related Provisions

Modifications etc. (not altering text)

Acquisition and appropriation of landS

102 Compulsory acquisition of land in connection with development and for other planning purposes. S

[F434(1)A local authority to whom this subsection applies shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement;

(b)any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(1A)A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—

(a)to the provisions of the development plan, so far as material;

(b)to whether planning permission for any development on the land is in force; and

(c)to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.

(1B)Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a)any land adjoining that land which is required for the purposes of executing works for facilitating its development or use; or

(b)where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(1C)It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (1B)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves).]

(2)Where under subsection (1) of this section the Secretary of State has power to authorise a local authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act.

(3)Before giving an authorisation under subsection (2) of this section, the Secretary of State shall—

(a)where the land is [F435in a region, consult with the regional council;

(b)where the land is in an islands area, consult with the islands council;

(c)where the land is in a district, consult with the district council.]

(4)The M33Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.

(5)The local authorities to whom this section applies are [F436regional, islands and district councils]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

103 Compulsory acquisition of land by Secretary of State for the Environment. S

(1)The Secretary of State for the Environment may acquire compulsorily any land necessary for the public service.

(2)The power of acquiring land compulsorily under this section shall include power to acquire a servitude or other right over land by the grant of a new right:

Provided that this subsection shall not apply to a servitude or other right over any land which would for the purposes of the M34Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 form part of a common or open space.

(3)The said Act of 1947 shall apply to any compulsory acquisition by the Secretary of State for the Environment under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.

Modifications etc. (not altering text)

Marginal Citations

104 Compulsory acquisition of listed building in need of repair.S

(1)Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, the Secretary of State may authorise the. . . F437 planning authority for the district in which the building is situated to acquire compulsorily under this section the building and any land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(2)Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, he may be authorised under this section to acquire compulsorily the building and any land comprising or contiguous or adjacent to it which appears to him to be required for the purpose mentioned in subsection (1) of this section.

(3)This section applies to any listed building, not being an excepted building as defined in section 56(2) of this Act.

(4)The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

(5)M35The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect—

(a)as if this section had been in force immediately before the commencement of that Act; and

(b)as if references therein to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Secretary of State and to the provisions of this section.

(6)Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within twenty-eight days after the service of the notice required to be served under paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order prohibiting further proceedings on the compulsory purchase order; and, if the sheriff is satisfied that reasonable steps have been taken for properly preserving the building, he shall make an order accordingly.

(7)Any person aggrieved by the decision of the sheriff on an application under subsection (6) of this section may appeal against the decision to the Court of Session, but on a question of law only.

Textual Amendments

Marginal Citations

105 Repairs notice as preliminary to compulsory acquisition under s. 104.S

(1)Neither a. . . F438 planning authority nor the Secretary of State shall start the compulsory purchase of a building under section 104 of this Act unless at least two months previously they have served on the owner of the building, and not withdrawn, a notice under this section (in this section referred to as a “repairs notice”)—

(a)specifying the works which they consider reasonably necessary for the proper preservation of the building; and

(b)explaining the effect of sections 104 to 107 of this Act.

(2)Where a. . . F438 planning authority or the Secretary of State have served a repairs notice, the demolition of the building thereafter shall not prevent them from being authorised under section 104 of this Act to acquire compulsorily the site of the building, if the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished.

(3)A. . . F438 planning authority or the Secretary of State may at any time withdraw a repairs notice served by them; and if they do so, they shall forthwith give notice of the withdrawal to the person who was served with the notice.

(4)For the purposes of this section a compulsory acquisition is started when the. . . F438 planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the M36Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.

Textual Amendments

Marginal Citations

106 Compensation on compulsory acquisition of listed building.S

Subject to section 107 of this Act, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which, immediately before the date of the compulsory purchase order, was listed, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building.. . . F439F440 . . ..

Textual Amendments

107 Minimum compensation in case of listed building deliberately left derelict.S

(1)A. . . F441 planning authority proposing to acquire a building compulsorily under section 104 of this Act, if they are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or re-development of the site or any adjoining site, may [F442make a direction for minimum compensation.]

(2)Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 104 of this Act, he may, if he is satisfied as mentioned in subsection (1) of this section, include a direction for minimum compensation in the compulsory purchase order.

(3)The notice required to be served in accordance with paragraph 3(b) of Schedule 1 to the M37Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (notices stating effect of compulsory purchase order or, as the case may be, draft order) shall, without prejudice to so much of that paragraph as requires the notice to state the effect of the order, include a statement that the authority have made. . . F443 a direction for minimum compensation or, as the case may be, that the Secretary of State has included such a direction in the draft order prepared by him in accordance with paragraph 7 of that Schedule and shall in either case explain the meaning of the expression “direction for minimum compensation”.

(4)a direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the M38Land Compensation (Scotland) Act 1963 or this Act, that planning permission would not be granted for any development or re-development of the site of the building and that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair; and if a compulsory purchase order is confirmed or made with the inclusion of such a direction, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.

(5)Where a. . . F441 planning authority [F444make] a direction for minimum compensation, or the Secretary of State includes such a direction in a draft compulsory purchase order prepared by him, any person having an interest in the building may, within twenty-eight days after the service of the notice required by paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order that the. . . F441 planning authority’s [F445direction for minimum compensation be reversed] or, as the case may be, that such a direction be not included in the compulsory purchase order as made by the Secretary of State; and if the sheriff is satisfied that the building has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1) of this section, he shall make the order applied for.

(6)a person aggrieved by the decision of the sheriff on an application under subsection (5) of this section may appeal against the decision to the Court of Session, but on a question of law only.

(7)The rights conferred by subsections (5) and (6) of this section shall not prejudice those conferred by section 104(6) and (7) of this Act.

Textual Amendments

Marginal Citations

108 Extinguishment of rights over land compulsorily acquired. S

(1)Subject to the provisions of this section, upon the completion by the acquiring authority of a compulsory acquisition of land under this Part of this Act, all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land and all other rights or servitudes in or relating to that land shall be extinguished, and any such apparatus shall vest in the acquiring authority.

(2)Subsection (1) of this section shall not apply to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking [F446or to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system or to any telecommunication apparatus kept installed for the purposes of any such system.]

(3)In respect of any right or apparatus not falling within subsection (2) of this section, subsection (1) of this section shall have effect subject—

(a)to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) of this section shall not apply to any right or apparatus specified in the direction; and

(b)to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4)Any person who suffers loss by the extinguishment of a right or servitude or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.

(5)Any compensation payable under this section shall be determined in accordance with the M39Land Compensation (Scotland) Act 1963.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

109 Acquisition of land by agreement. S

(1)A. . . F447 planning authority,. . . F448 may acquire by agreement—

(a)any land which they require for any purpose for which a. . . F447 planning authority may be authorised to acquire land under section 102 of this Act;

(b)any building appearing to them to be of special architectural or historic interest; and

(c)any land comprising or contiguous or adjacent to such a building which appears to [F449them] to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(2)The Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the M40Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the M41Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the M42Mines (Working Facilities and Support) Act 1923, shall be incorporated with this section, and in construing those Acts as so incorporated this section shall be deemed to be the special Act and references to the promoters of the undertaking or to the company shall be construed as references to the authority authorised to acquire the land under this section.

Textual Amendments

Modifications etc. (not altering text)

C64S. 109 restricted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1973 c. 65, s. 171C (as inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a))

Marginal Citations

110 Acquisition of land for purposes of exchange.S

Without prejudice to the generality of the powers conferred by the preceding provisions of this Part of this Act, any power of a local authority to acquire land thereunder, whether compulsorily or by agreement, shall include power to acquire land required for giving in exchange for land appropriated under section 111 of this Act.

111 F450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Powers exercisable in relation to land held for planning purposes, and other related powersS

112 F451. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

113 Disposal of land held for planning purposes.S

(1)Where any land has been acquired or appropriated by a. . . F452 planning authority for planning purposes, and is for the time being held by the authority for the purposes for which it was so acquired or appropriated, the authority may dispose of the land to such person, in such manner and subject to such conditions as may appear to them to be expedient in order to secure the best use of that or other land and any buildings or works which have been, or are to be, erected, constructed or carried out thereon, whether by themselves or by any other person, or to secure the erection, construction or carrying out thereon of any buildings or works appearing to them to be needed for the proper planning of the area of the authority.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F453

(3)Subject to the provisions of subsection (6) of this section, any land disposed of under this section shall not,. . . F454, be disposed of otherwise than at the best price or on the best terms that can reasonably be obtained.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F455

(5)Where representations are made to the Secretary of State—

(a)that a. . . F452 planning authority have refused to dispose of any land under this section to any person or to agree with him as to the manner in which, or the terms or conditions on or subject to which, it is to be disposed of to him; and

(b)that the refusal constitutes unfair discrimination against that person or is otherwise oppressive,

the Secretary of State may cause the representations to be intimated to the authority; and after considering any statement in writing made to him by the authority, the Secretary of State may, if he thinks fit, cause a public local inquiry to be held and after considering the report of the person appointed to hold the inquiry (if any), may, if it appears to him that the representations are well founded and that it is expedient as mentioned in subsection (1) of this section that the authority should dispose of the land under this section to that person, require the authority to offer to dispose of it to him, and give directions as to the manner of the disposal and as to all or any of the terms or conditions on or subject to which it is to be offered to him.

(6)In relation to land acquired or appropriated for planning purposes for a reason mentioned in section 102(1)(a). . . F456 of this Act the powers conferred by this section on a. . . F452 planning authority,. . . F454, shall be so exercised as to secure, so far as may be practicable, to persons who were living or carrying on business or other activities on any such land which the authority have acquired as mentioned in subsection (1) of this section, who desire to obtain accommodation on such land, and who are willing to comply with any requirements of the authority as to the development and use of such land, an opportunity to obtain thereon accommodation suitable to their reasonable requirements, on terms settled with due regard to the price at which any such land has been acquired from them.

In this subsection “development” includes redevelopment.

(7)Where land is disposed of under this section by a. . . F452 planning authority to any person for the erection of a church or other building for religious worship or buildings ancillary thereto, then, unless the parties otherwise agree, such disposal shall be by way of feu.

(8)In relation to any such land as is mentioned in subsection (1) of this section, this section shall have effect to the exclusion of the provisions of any enactment, other than this Act, by virtue of or under which the. . . F452 planning authority are or may be authorised to dispose of land held by them.

Textual Amendments

114 Development of land held for planning purposes.S

(1)The functions of a. . . F457 planning authority shall include power for the authority, notwithstanding any limitation imposed by law on the capacity of the authority by virtue of its constitution, to erect, construct or carry out any building or work on any land to which this section applies, not being a building or work for the erection, construction or carrying out of which, whether by that authority or by any other person, statutory power exists by virtue of, or could be conferred under, an alternative enactment.

(2)This section applies to any land which has been acquired or appropriated by a. . . F457 planning authority for planning purposes and is for the time being held by the authority for the purposes for which it was so acquired or appropriated.

(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F458

(5)The functions of a. . . F457 planning authority shall include power for the authority, notwithstanding any such limitation as is mentioned in subsection (1) of this section, to repair, maintain and insure any buildings or works on land to which this section applies, and generally to deal therewith in a proper course of management.

(6)Nothing in this section shall be construed as authorising any act or omission on the part of a. . . F457 planning authority which is actionable at the instance of any person on any ground other than such a limitation as is mentioned in subsection (1) of this section.

(7)In this section “alternative enactment” means any enactment which is not contained in this Part of this Act. . . F459.

Textual Amendments

115 Special provisions as to features and buildings of architectural and historic interest.S

(1)In the exercise of the powers of appropriation, disposal and development conferred by the provisions of sections 112, 113 and 114(1) of this Act, a. . . F460 planning authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular, listed buildings;. . . F461.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F462

(3)In this section [F463“preserving”], in relation to a building means the [F463preserving] thereof either in its existing state or subject only to such alterations or extensions as can be carried out without serious detriment to its character, and “development” includes redevelopment.

(4)This section is without prejudice to the provisions of section 262(5) of this Act.

Textual Amendments

116 Management etc. of listed buildings acquired by. . . F464 planning authority or Secretary of State.S

(1)Where a. . . F464 planning authority acquire any building or other land under section 104(1) or 109(1)(b) of this Act, they may make such arrangements as to its management, use or disposal as they consider appropriate for the purpose of its preservation.

(2)Where the Secretary of State acquires any building or other land under section 104(2) of this Act, subsection (3) of section 5 of the M43Historic Buildings and Ancient Monuments Act 1953 (management, custody and disposal), except so much of it as refers to subsection (4) of that section, shall apply in relation thereto as it applies in relation to property acquired under that section.

Textual Amendments

Marginal Citations

117 Power to override servitudes and other rights. S

(1)The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a. . . F465 planning authority for planning purposes, whether done by the. . . F465 planning authority or by a person deriving title from them, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this section applies, or involves a breach of a restriction as to the use of land arising by virtue of any deed or contract:

Provided that nothing in this subsection shall authorise interference with any right of way or right of laying down, erecting continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking [F466or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.]

(2)This section applies to the following interests and rights, that is to say, any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.

(3)In respect of any interference or breach in pursuance of subsection (1) of this section, compensation shall be payable under section 61 of the M44Lands Clauses Consolidation (Scotland) Act 1845 or under section 6 of the M45Railways Clauses Consolidation (Scotland) Act 1845 to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase under those Acts or the injury arises from the execution of works on land acquired under those Acts.

(4)Where a person deriving title from the. . . F465 planning authority by whom the land in question was acquired or appropriated is liable to pay compensation by virtue of subsection (3) of this section, and fails to discharge that liability, the liability shall be enforceable against the. . . F465 planning authority:

Provided that nothing in this subsection shall be construed as affecting any agreement between the. . . F465 planning authority and any other person for indemnifying the. . . F465 planning authority against any liability under this subsection.

(5)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (1) of this section.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

118 Provisions as to churches and burial grounds. S

(1)Any land, consisting of a church or other building used or formerly used for religious worship, or the site thereof, or a burial ground, which has been acquired by a Minister, a. . . F467 planning authority or statutory undertakers under this Part of this Act or compulsorily under any other enactment, or which has been appropriated by a. . . F467 planning authority for planning purposes, may, subject to the following provisions of this section—

(a)in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b)in any other case, be used by any person in any manner in accordance with planning permission,

notwithstanding anything in any enactment relating to churches or such other buildings as aforesaid or to burial grounds or any obligation or restriction imposed under any deed or agreement or otherwise as respects that church or other building or burial ground:

. . . F468

[F469(1A)In the case of land—

(a)which has been acquired by the Secretary of State under section 79(1) of the National Health Service (Scotland) Act 1978; and

(b)which is held, used or occupied by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990,

subsection (1) of this section shall apply with the omission of paragraph (a) and, in paragraph (b), of the words “in any other case”.]

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F470

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F471, no authority shall be required for the removal and reinterment in accordance with the regulations of any human remains, or for the removal or disposal of any monuments.

(4)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment, obligation or restriction as is mentioned in subsection (1) of this section.

(5)In this section “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground; and “monument” includes a tombstone or other memorial and any fixtures or furnishings.

Textual Amendments

Modifications etc. (not altering text)

119 Use and development of land for open spaces. S

(1)Any land being, or forming part of, a common or open space, which has been acquired by a Minister, a local authority or statutory undertakers under this Part of this Act or compulsorily under any other enactment, or which has been appropriated by a. . . F472 planning authority for planning purposes, may—

(a)in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b)in any other case, be used by any person in any manner in accordance with planning permission,

notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2)Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment as is mentioned in subsection (1) of this section.

Textual Amendments

Modifications etc. (not altering text)

120 Displacement of persons from land acquired or appropriated.S

(1)Where any land has been acquired or appropriated for planning purposes and is for the time being held by a. . . F473 planning authority for the purposes for which it was acquired or appropriated, and the carrying out of redevelopment on the land will involve the displacement of persons residing in premises thereon, it shall be the duty of the authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacements from time to time becoming necessary as the redevelopment proceeds.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F474

(3)If the Secretary of State certifies that possession of a house which has been acquired or appropriated by a. . . F475 planning authority for planning purposes, and is for the time being held by the authority for the purposes for which it was acquired or appropriated, is immediately required for those purposes, nothing in the M46Rent (Scotland) Act 1971 shall prevent the acquiring or appropriating authority from obtaining possession of the house.

(4)Where any land has been acquired by a Minister or a. . . F475 planning authority under this Part of this Act, or has been appropriated by a. . . F475 planning authority for planning purposes, and possession of any building on the land is required by that Minister or the. . . F475 planning authority in question, as the case may be, for the purposes for which the land was acquired or appropriated, then, at any time after the tenancy of the occupier has expired or has been determined, the Minister or. . . F475 planning authority in question may serve a notice on the occupier of the building requiring him to remove therefrom within a period of twenty-one days; and on the expiry of that period a certified copy of the notice to remove shall be sufficient warrant for ejection against the occupier or any party in his right in the event of non-compliance with the notice.(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F476

Textual Amendments

Marginal Citations

Supplementary provisionsS

121 Modification of incorporated enactments for purposes of Part VI. S

(1)Where it is proposed that land should be acquired compulsorily under section 102 or 103 of this Act, and a compulsory purchase order relating to that land is submitted to the confirming authority in accordance with Part I of Schedule 1 to the M47Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, or, as the case may be, is made in draft by the Secretary of State for the Environment in accordance with Part II of that Schedule, the confirming authority or that Secretary of State, as the case may be, may disregard for the purposes of that Schedule any objection to the order or draft which, in the opinion of that authority or Secretary of State, amounts in substance to an objection to the provisions of the development plan defining the proposed use of that or any other land.

(2)Where a compulsory purchase order authorising the acquisition of any land under section 102 of this Act is submitted to the Secretary of State in accordance with Part I of Schedule 1 to the said Act of 1947, then if the Secretary of State—

(a)is satisfied that the order ought to be confirmed so far as it relates to part of the land comprised therein; but

(b)has not for the time being determined whether it ought to be confirmed so far as it relates to any other such land, he may confirm the order so far as it relates to the land mentioned in paragraph (a) of this subsection, and give directions postponing consideration of the order, so far as it relates to any other land specified in the directions, until such time as may be so specified.

(3)Where the Secretary of State gives directions under subsection (2) of this section, the notices required by paragraph 6 of Schedule 1 to the said Act of 1947 to be published and served shall include a statement of the effect of the directions.

(4)In construing the Lands Clauses Acts and section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, as incorporated by virtue of paragraph 1 of Schedule 2 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, in relation to any of the provisions of this Part of this Act—

(a)references to the execution of the works or to the construction of the railway shall be construed as including references to any erection, construction or carrying out of buildings or works authorised by section 117 of this Act;

(b)in relation to the erection, construction or carrying out of any buildings or works so authorised, references in section 6 of the said Act of 1845 to the company shall be construed as references to the person by whom the buildings or works in question are erected, constructed or carried out; and

(c)references to the execution of the works shall be construed as including also references to any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

Modifications etc. (not altering text)

Marginal Citations

122 Interpretation of Part VI.S

(1)In this Part of this Act any reference to the acquisition of land for planning purposes is a reference to the acquisition thereof under section 102 or 109 of this Act and any reference to the appropriation of land for planning purposes is a reference to the appropriation thereof for purposes for which land can be or could have been acquired under those sections.

(2)In relation to a. . . F477 planning authority or body corporate, nothing in sections 117 to 119 of this Act shall be construed as authorising any act or omission on their part in contravention of any limitation imposed by law on their capacity by virtue of the constitution of the authority or body.

(3)Any power conferred by section 118 or 119 of this Act to use land in a manner therein mentioned shall be construed as a power so to use the land, whether it involves the erection, construction or carrying out of any building or work, or the maintenance of any building or work, or not.

Textual Amendments

F478Part VIIS Compensation for Planning Decisions Restricting New Development

Textual Amendments

Unexpended balance of established development valueS

F479123. . ..S

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F480124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F481125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F482126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F483127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F484128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F485129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F486130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F487131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F488132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F489133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F490134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Right to compensationS

F491135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F492136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F493137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F494138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F495139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F496140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Measure of compensationS

F497141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F498142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F498S. 142 repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(1)(7)(8), 846), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

Claims for, and payment of, compensationS

F499143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F500144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

145 Determination of claims.S

(1)Provision shall be made by regulations under this section—

(a)for requiring claims for compensation under F501 . . . this Act to be determined by the Secretary of State in such manner as may be prescribed by the regulations;

(b)for regulating the practice and procedure to be followed in connection with the determination of such claims;

(c)for requiring the Secretary of State, on determining any such claim, to give notice of his determination to the claimant, and to every other person (if any) who has made, and not withdrawn, a claim for compensation under F501 . . .this Act in respect of the same planning decision, and, if his determination includes an apportionment, to give particulars of the apportionment to any other person entitled to an interest in land appearing to the Secretary of State to be an interest substantially affected by the apportionment.

[F502(d)for requiring the Secretary of State to pay any compensation determined under this section to the person entitled thereto.]

(2)Subject to subsection (3) of this section, provision shall be made by regulations under this section—

(a)for enabling the claimant or any other person to whom notice of the Secretary of State’s determination has been given in accordance with subsection (1) of this section, if he wishes to dispute the determination, and any other person to whom particulars of an apportionment included in that determination have been so given, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require the determination, or, as the case may be, the apportionment, to be referred to the Lands Tribunal;

(b)for enabling the claimant and every other person to whom notice of any determination or apportionment has been given as mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that determination or apportionment, as the case may be; and

(c)for requiring the Tribunal, on any such reference, either to confirm or to vary the Secretary of State’s determination or the apportionment, as the case may be, and to notify the parties of the decision of the Tribunal.

(3)Where on a reference to the Lands Tribunal under this section it is shown that an apportionment relates wholly or partly to the same matters as a previous apportionment, and is consistent with that previous apportionment in so far as it relates to those matters, the Tribunal shall not vary the apportionment in such a way as to be inconsistent with the previous apportionment in so far as it relates to those matters.

Textual Amendments

F503146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Subsequent recovery of compensationS

F504147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F505148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F506149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F507150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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Supplementary provisionsS

F508151.S

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

Textual Amendments

F509152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Part VIIIS Compensation for Other Planning Restrictions

Modifications etc. (not altering text)

C83Pt. VIII modified (30.10.1994) by S.I. 1994/2716, regs. 74(1)(b), 78(1)(b)

Pt. VIII applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 74(2), 78(2)

C84Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Revocation or modification of planning permissionS

153 Compensation where planning permission revoked or modified.S

(1)F510Subject to section 153A of this Act, where planning permission is revoked or modified by an order under section 42 of this Act,. . . F511, then if, on a claim made to the F512. . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the land—

(a)has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the F512. . . planning authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(2)For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

(3)Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any work carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission.

(4)In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted [F513—.

(a)subject to the condition set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6;

(b)for any development of a class specified in paragraph 2 of Schedule 6.]

(5)In this Part of this Act any reference to an order under section 42 of this Act includes a reference to an order under the provisions of that section as applied by section 49(2) of this Act.

Textual Amendments

F513Words in s. 153(4) substituted (25. 9. 1991 with retrospective effect in relation to claims made on or after 16.11.1990) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch . 12, para. 14(1)(2) (with s. 84(5)); S.I. 1991/2092, art.3

Modifications etc. (not altering text)

C85S. 153 modified by S.I. 1987/433, regs. 3, 6

C86S. 153(1)(a) applied (30.10.1994) by S.I. 1994/2716, reg. 67(2)(3)

F514153A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

154 Application of s. 153 to special cases of refusal or conditional grant of planning permission.S

(1)The provisions of this section shall have effect where—

(a)planning permission for the development of land has been granted by a development order; and

(b)that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and

(c)on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

[F515(1A)Where planning permission granted by a development order is withdrawn by revocation or amendment of the order subsection (1) of this section applies only if the application referred to in paragraph (c) is made before the end of the period of twelve months beginning with the date on which the revocation or amendment came into operation.]

(2)In any case falling within subsection (1) of this section, the provisions of section 153 of this Act shall apply as if the planning permission granted by the development order—

(a)had been granted by the. . . F516 planning authority under Part III of this Act; and

(b)had been revoked or modified by an order under section 42 of this Act,

and the provisions of section 155. . . F517 and of sections 156 and 157 of this Act shall apply as if references therein to an order under section 42 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

(3)This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F518

Textual Amendments

Modifications etc. (not altering text)

155 Recording and apportionment of compensation for depreciation.S

(1)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . F519 planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

(2)In carrying out an apportionment under subsection (1) of this section, the. . . F519 planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.

[F520(3)Regulations under this Act shall make provision—

(a)for enabling the claimant or any other person to whom notice of the planning authority’s apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;

(b)for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and

(c)for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.]

(4)On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . F519 planning authority, of references to the Lands Tribunal.

(5)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . F519 planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; F521 . . .

[F522(5A)In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—

(a)if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

(b)if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land.]

(6)In this section F523 . . . “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.

Textual Amendments

F523Words in s. 155(6) repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(d), Sch. 19, Pt. IV, with s. 84(5); S.I. 1991/2092, art.3

F524156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F524S. 156 repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 16, Sch. 19, Pt.IV, with s. 84(5); S.I. 1991/2092, art.3

[F525156AF525Recovery of compensation on subsequent development.S

(1)No person shall carry out any development to which this section applies, on land in respect of which a notice (hereafter in this Part of this Act referred to as a “compensation notice”) is recorded or, as the case may be, registered under section 155(5) of this Act, until such amount, if any, as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State.

(2)Subject to the following provisions of this section, this section applies to any development—

(a)which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof; or

(b)which consists in the winning and working of minerals; or

(c)to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply.

(3)This section shall not apply to any development by virtue of subsection (2)(c) of this section if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply thereto.

(4)Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted.

(5)This section does not apply to any development—

(a)of a class specified in paragraph 1 of Schedule 6 which is carried out in accordance with the condition set out in Schedule 16; or

(b)of a class specified in paragraph 2 of Schedule 6.

(6)This section does not apply in a case where the compensation under section 153 of this Act specified in a compensation notice became payable in respect of an order modifying planning permission, and the development is in accordance with that permission as modified by that order.]

Textual Amendments

[F526F526156BAmount recoverable, and provisions for payment or remission thereof.S

(1)Subject to the following provisions of this section, the amount recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice—

(a)if the land on which the development is to be carried out (in this subsection referred to as “the development area”) is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice;

(b)if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation specified in that notice as is attributable to land comprised in that notice and falling within the development area.

(2)Where, in the case of any land in respect of which a compensation notice has been recorded, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or any part of any amount otherwise recoverable under section 156A of this Act.

(3)Where, in connection with the development of any land, an amount becomes recoverable under section 156A of this Act in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) of this section, no amount shall be recoverable under section 156A of this Act in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof.

(4)No amount shall be recoverable under section 156A of this Act in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 244 of this Act.

(5)An amount recoverable under section 156A of this Act in respect of any compensation shall be payable to the Secretary of State, and

(a)shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct, after taking into account any representations made by the person by whom the development is to be carried out; and

(b)except where the amount is payable as a single capital payment, shall be secured by that person to the satisfaction of the Secretary of State (whether by heritable or other security, personal bond or otherwise).

(6)If any person initiates any development to which section 156A applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than three months after the service of the notice, as may be specified in the notice.

(7)Where, after a compensation notice in respect of any land has been recorded or, as the case may be, registered, any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, a notice of that fact, specifying the land to which such fact relates, and, in the case of any notice of the fact that part only of such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy thereof to the planning authority.]

Textual Amendments

157 Recovery, on subsequent development, of compensation under s. 153.S

F527(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to subsection (3) of this section, any sum recovered by the Secretary of State under [F528section 156A of this Act] shall be paid to the. . . F529 planning authority who paid the compensation to which that sum relates.

(3)In paying any such sum to the. . . F529 planning authority, the Secretary of State shall deduct therefrom—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F530. . .the amount of any grant paid by him under Part XIII of this Act in respect of that compensation;

  • Provided that, if the sum recovered by the Secretary of State is an instalment of the total sum recoverable, or is recovered by reference to development of part of the land in respect of which the compensation was payable, any deduction to be made under F530. . . paragraph (b) of this subsection shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.

F531(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F531S. 157(4) repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34) ss. 84(6), Sch. 12 para. 18 (d), Sch. 19, Pt.IV; S.I. 1991/2092, art. 3, Sch.1

Revocation or modification of planning permissionS

153 Compensation where planning permission revoked or modified.S

(1)F510Subject to section 153A of this Act, where planning permission is revoked or modified by an order under section 42 of this Act,. . . F511, then if, on a claim made to the F512. . . planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the land—

(a)has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the F512. . . planning authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(2)For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

(3)Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any work carried out before the grant of the permission which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that permission.

(4)In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted [F513—.

(a)subject to the condition set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6;

(b)for any development of a class specified in paragraph 2 of Schedule 6.]

(5)In this Part of this Act any reference to an order under section 42 of this Act includes a reference to an order under the provisions of that section as applied by section 49(2) of this Act.

Textual Amendments

F513Words in s. 153(4) substituted (25. 9. 1991 with retrospective effect in relation to claims made on or after 16.11.1990) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch . 12, para. 14(1)(2) (with s. 84(5)); S.I. 1991/2092, art.3

Modifications etc. (not altering text)

C85S. 153 modified by S.I. 1987/433, regs. 3, 6

C86S. 153(1)(a) applied (30.10.1994) by S.I. 1994/2716, reg. 67(2)(3)

F514153A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

154 Application of s. 153 to special cases of refusal or conditional grant of planning permission.S

(1)The provisions of this section shall have effect where—

(a)planning permission for the development of land has been granted by a development order; and

(b)that permission is withdrawn, whether by the revocation or amendment of the order or by the issue of directions under powers in that behalf conferred by the order; and

(c)on an application made in that behalf under Part III of this Act, planning permission for that development is refused, or is granted subject to conditions other than those previously imposed by the development order.

[F515(1A)Where planning permission granted by a development order is withdrawn by revocation or amendment of the order subsection (1) of this section applies only if the application referred to in paragraph (c) is made before the end of the period of twelve months beginning with the date on which the revocation or amendment came into operation.]

(2)In any case falling within subsection (1) of this section, the provisions of section 153 of this Act shall apply as if the planning permission granted by the development order—

(a)had been granted by the. . . F516 planning authority under Part III of this Act; and

(b)had been revoked or modified by an order under section 42 of this Act,

and the provisions of section 155. . . F517 and of sections 156 and 157 of this Act shall apply as if references therein to an order under section 42 of this Act were references to the planning decision whereby the planning permission in question is refused, or is granted subject to conditions other than those previously imposed by the development order.

(3)This section shall not apply in relation to planning permission for the development of operational land of statutory undertakers.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F518

Textual Amendments

Modifications etc. (not altering text)

155 Recording and apportionment of compensation for depreciation.S

(1)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation of an amount exceeding £20, the. . . F519 planning authority shall (if it appears to them to be practicable to do so) apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and give particulars of any such apportionment to the claimant and to every other person (if any) entitled to an interest in land which appears to the authority to be substantially affected by the apportionment.

(2)In carrying out an apportionment under subsection (1) of this section, the. . . F519 planning authority shall divide the land into parts, and shall distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order in consequence of which the compensation is payable.

[F520(3)Regulations under this Act shall make provision—

(a)for enabling the claimant or any other person to whom notice of the planning authority’s apportionment has been given in accordance with subsection (1) of this section, or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal;

(b)for enabling the claimant and any other person mentioned in paragraph (a) of this subsection to be heard by the Tribunal on any reference under this section of that apportionment; and

(c)for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision.]

(4)On a reference to the Lands Tribunal by virtue of subsection (3) of this section, subsections (1) and (2) of this section, so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the. . . F519 planning authority, of references to the Lands Tribunal.

(5)Where compensation becomes payable under the preceding provisions of this Part of this Act, and includes compensation for depreciation exceeding £20, the. . . F519 planning authority shall cause notice of that fact in the prescribed form, specifying the land to which the compensation relates and the amount of the compensation for depreciation and any apportionment thereof under this section, to be recorded in the appropriate Register of Sasines, and shall send a copy of the notice to the Secretary of State; F521 . . .

[F522(5A)In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under the preceding provisions of this section, references in this Part of this Act to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say—

(a)if the notice does not include an apportionment under the preceding provisions of this section, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates;

(b)if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land.]

(6)In this section F523 . . . “compensation for depreciation” means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.

Textual Amendments

F523Words in s. 155(6) repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 60(6), Sch. 12, para. 15(d), Sch. 19, Pt. IV, with s. 84(5); S.I. 1991/2092, art.3

F524156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F524S. 156 repealed (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 84(6), Sch. 12, para. 16, Sch. 19, Pt.IV, with s. 84(5); S.I. 1991/2092, art.3

157 Recovery, on subsequent development, of compensation under s. 153.S

F527(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to subsection (3) of this section, any sum recovered by the Secretary of State under [F528section 156A of this Act] shall be paid to the. . . F529 planning authority who paid the compensation to which that sum relates.

(3)In paying any such sum to the. . . F529 planning authority, the Secretary of State shall deduct therefrom—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F530. . .the amount of any grant paid by him under Part XIII of this Act in respect of that compensation;

  • Provided that, if the sum recovered by the Secretary of State is an instalment of the total sum recoverable, or is recovered by reference to development of part of the land in respect of which the compensation was payable, any deduction to be made under F530. . . paragraph (b) of this subsection shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that paragraph.

F531(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F531S. 157(4) repealed (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34) ss. 84(6), Sch. 12 para. 18 (d), Sch. 19, Pt.IV; S.I. 1991/2092, art. 3, Sch.1

Other restrictionsS

F532158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

159 Compensation in respect of orders under s. 49. S

(1)[F533Subject to section 159B of this Act, the] provisions of this section shall have effect where an order is made under section 49 of this Act, requiring a use of land to be discontinued, or imposing conditions on the continuance thereof, or requiring any buildings or works on land to be altered or removed.

(2)If, on a claim made to the. . . F534 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that any person has suffered damage in consequence of the order by depreciation of the value of an interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land, that authority shall pay to that person compensation in respect of that damage.

(3)Without prejudice to subsection (2) of this section, any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the. . . F534 planning authority compensation in respect of any expenses reasonably incurred by him in that behalf.

(4)Any compensation payable to a person under this section by virtue of such an order as is mentioned in subsection (1) of this section shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order.

Textual Amendments

Modifications etc. (not altering text)

C90S. 159 modified by S.I. 1987/433, regs. 4, 5, 6

F535159A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F536159B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F537160. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

161 Compensation where listed building consent revoked or modified.S

(1)Where listed building consent is revoked or modified by an order under paragraph 9 of Schedule 10 to this Act (other than an order which takes effect by virtue of paragraph 11 of that Schedule and without being confirmed by the Secretary of State), then if on a claim made to the. . . F538 planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the building—

(a)has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or

(b)has otherwise sustained loss or damage which is directly attributable to the revocation or modification,

the authority shall pay to that person compensation in respect of that expenditure, loss or damage.

(2)For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out those works.

(3)Subject to subsection (2) of this section, no compensation shall be paid under this section in respect of any works carried out before the grant of the listed building consent which is revoked or modified, or in respect of any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.

Textual Amendments

162 Compensation for loss or damage caused by service of building preservation notice.S

(1)The provisions of this section shall have effect as respects compensation where a building preservation notice is served.

(2)The. . . F539 planning authority shall not be under any obligation to pay compensation under section 160 of this Act, in respect of any refusal of listed building consent or its grant subject to conditions, unless and until the building is included in a list compiled or approved by the Secretary of State under section 52 of this Act; but this subsection shall not prevent a claim for such compensation being made before the building is so included.

(3)If the building preservation notice ceases to have effect without the building having been included in a list so compiled or approved, then, subject to a claim in that behalf being made to the. . . F539 planning authority within the time and in the manner prescribed by regulations under this Act, any person who at the time when the notice was served had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

(4)The loss or damage in respect of which compensation is payable under subsection (3) of this section shall include a sum payable in respect of a breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect thereto.

Textual Amendments

163 Compensation in respect of tree preservation orders.S

The matters for which provision may under section 58 of this Act be made by a tree preservation order include the payment by the. . . F540 planning authority, subject to such exceptions and conditions as may be specified in the order, of compensation in respect of loss or damage caused or incurred in consequence of the refusal of any consent required under the order, or of the grant of any such consent subject to conditions.

Textual Amendments

164 Compensation in respect of requirement as to replanting of trees.S

(1)The provisions of this section shall have effect where a requirement is imposed by the. . . F541 planning authority or the Secretary of State by or under a tree preservation order for securing the replanting of all or any part of a woodland area which is felled in the course of forestry operations permitted by or under the order.

(2)If the Forestry Commissioners decide not to make any advance under [F542section 1 of the M48Forestry Act 1979] in respect of the replanting and come to that decision on the ground that the requirement frustrates the use of the woodland area for the growing of timber or other forest products for commercial purposes and in accordance with the rules or practice of good forestry, the. . . F541 planning authority exercising functions under the tree preservation order shall be liable, on the making of a claim in accordance with this section, to pay compensation in respect of such loss or damage, if any, as is caused or incurred in consequence of compliance with the requirement.

(3)The Forestry Commissioners shall, at the request of the person under a duty to comply with the requirement, give a certificate stating whether they have decided not to make any such advance and, if so, the grounds of their decision.

(4)A claim for compensation under this section must be served on the. . . F541 planning authority within twelve months from the date on which the requirement was imposed, or where an application has been made to the Secretary of State for the determination of any question relating to the reasonableness of a requirement, from the date of the decision of the Secretary of State on the application, but subject in either case to such extension of that period as the. . . F541 planning authority may allow.

(5)Any question of disputed compensation under this section shall be determined in accordance with section 70 of the M49Countryside (Scotland) Act 1967.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F543

Textual Amendments

F542Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

165 Compensation for restrictions on advertising.S

Where, for the purpose of complying with any regulations made under section 61 of this Act, works are carried out by any person—

(a)for removing an advertisement which was being displayed on 16th August 1948; or

(b)for discontinuing the use for the display of advertisements of a site used for that purpose on that date,

that person shall, on a claim made to the. . . F544 planning authority within the time and in the manner prescribed by regulations under this Act, be entitled to recover from that authority compensation in respect of any expenses reasonably incurred by him in that behalf.

Textual Amendments

166 Compensation for loss due to stop notice. S

(1)Where a stop notice under section 87 of this Act ceases to have effect, a person who, at the time when it was first served, had an interest [F545, whether as owner or occupier or otherwise,] in the land to which it relates shall, [F546subject to the provisions of this section,], be entitled to be compensated by the. . . F547 planning authority in respect of any loss or damage directly attributable to the prohibition contained in the notice [F548or, in a case to which subsection (2)(b) of this section applies, the prohibition of such of the activities prohibited by the stop notice as cease to be relevant activities].

(2)A person shall be entitled to compensation under subsection (1) of this section in respect of a prohibition contained in a stop notice in any of the following circumstances:—

[F549(a)the enforcement notice is quashed on grounds other than those mentioned in paragraph (a) of section 85(1) of this Act;

(b)the enforcement notice is varied (otherwise than on the grounds mentioned in that paragraph) so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;]

(c)the enforcement notice is withdrawn by the. . . F547 planning authority otherwise than in consequence of the grant by them of planning permission for the development to which the notice relates F550. . .;

(d)the stop notice is withdrawn.

(3)A prohibition in a stop notice shall be treated for the purposes of subsection (2) of this section as dependent on an allegation in an enforcement notice if and to the extent that the [F551activity] to which the prohibition in the stop notice relates are the same as those alleged in the enforcement notice to constitute a breach of planning control or are so closely associated therewith as to constitute substantially the same [F551activity].

(4)A claim for compensation under this section shall be made to the. . . F547 planning authority within the time and in the manner prescribed by regulations under this Act.

(5)The loss or damage in respect of which compensation is payable under this section in respect of a prohibition shall include a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the prohibition. . . F552.

[F553(6)No compensation is payable under this section—

(a)in respect of the prohibition in a stop notice of any activity which, at any time when the notice is in force, constitutes or contributes to a breach of planning control; or

(b)in the case of a claimant who was required to provide information under section 83C, 83D or 270 of this Act in respect of any loss or damage suffered by him which could have been avoided if he had provided the information or had otherwise co-operated with the planning authority when responding to the notice.]

Textual Amendments

Modifications etc. (not altering text)

C91S. 166 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Supplementary provisionsS

167 General provisions as to compensation for depreciation under Part VIII.S

(1)For the purpose of assessing any compensation to which this section applies, the rules set out in section 12 of the M50Land Compensation (Scotland) Act 1963 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(2)[F554Subject to regulations under section 167A of this Act, this] section applies to any compensation which, under the preceding provisions of this Part of this Act, other than section 163, 164 or 166, is payable in respect of depreciation of the value of an interest in land.

(3)In relation to the assessment of compensation payable under section 153 of this Act, the value of any interest may be a minus quantity.

(4)Where an interest in land is subject to a heritable security—

(a)any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the security;

(b)a claim for any such compensation may be made by any creditor in a heritable security over the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c)no compensation to which this section applies shall be payable in respect of the interest of the creditor in the heritable security (as distinct from the interest which is subject to the security); and

(d)any compensation to which this section applies which is payable in respect of the interest which is subject to the heritable security shall be paid to the creditor in the security, or, if there is more than one such creditor, to the creditor whose security ranks first, and shall in either case be applied by him as if it were proceeds of sale by him under the powers competent to creditors in heritable securities.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

[F555167AF555Regulations as to compensation in respect of orders relating to mineral working.S

(1)The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under—

(a)section 42 of this Act modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste; or

(b)section 49, 49A or 49B of this Act with respect to such winning and working or depositing,

that sections 153, 159, 167, 226 and 227 of this Act shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2)Without prejudice to the generality of subsection (1) of this section, regulations made by virtue of this section may make provision—

(a)as to circumstances in which compensation is not to be payable;

(b)for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

(c)for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,

and may also make different provision for different cases, and incidental or supplementary provision.

(3)No regulations under this section shall have effect until approved by a resolution of each House of Parliament.

(4)Before making any such regulations, the Secretary of State shall consult such persons as appear to him to be representative—

(a)of persons carrying out mining operations;

(b)of owners of interests in land containing minerals;

(c)of planning authorities.]

Textual Amendments

Modifications etc. (not altering text)

F556167B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F557167C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

168 Determination of claims for compensation.S

(1)Except in so far as may be otherwise provided by section 164(5) of this Act, by any tree preservation order or by any regulations made under this Act, any question of disputed compensation under this Part of this Act [F558including any question of disputed compensation under section 153, 159, 167, 226 or 227 of this Act as modified by regulations under section 167A of this Act] shall be referred to and determined by the Lands Tribunal.

(2)In relation to the determination of any such question, the provisions of sections 9 and 11 of the M51Land Compensation (Scotland) Act 1963 shall apply, subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

Marginal Citations

Part IXS Provisions Enabling Owner or Lessee to Require Purchase of his Interest

Interests affected by planning decisions or ordersS

169 Purchase notice on refusal or conditional grant of planning permission. S

(1)Where, on an application for planning permission to develop any land, permission is refused or is granted subject to conditions, then if any owner or lessee of the land claims—

(a)that the land has become incapable of reasonably beneficial use in its existing state; and

(b)in a case where planning permission was granted subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

(c)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the. . . F559 planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F559 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the following provisions of this Part of this Act.

(2)Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, [F560no account shall be taken of any prospective development other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act.]

F561(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded,. . . F562

(5)a person on whom there has been served a repairs notice under section 105 of this Act shall not in any case be entitled to serve a purchase notice under this section in respect of the building in question until the expiration of three months beginning with the date of the service of the repairs notice; and if during that period the. . . F559 planning authority or the Secretary of State start the compulsory acquisition of the building in the exercise of their powers under section 104 of this Act, that person shall not be so entitled unless and until the compulsory acquisition is discontinued.

(6)For the purposes of subsection (5) of this section a compulsory acquisition—

(a)is started when the. . . F559 planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the M52Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; and

(b)is discontinued, in the case of acquisition by a. . . F559 planning authority, when they withdraw the compulsory purchase order or the Secretary of State decides not to confirm it and, in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order.

(7)A notice under this section, or under any other provision of this Part of this Act to which this subsection is applied, is in this Act referred to as a “purchase notice”.

[F563(8)The words “planning authority” in subsection (1) above shall in a case where a regional planning authority have dealt with an application by virtue of section 179 of the M53Local Government (Scotland) Act 1973 (which enables a regional planning authority to have an application for planning permission which has been made to a district planning authority referred to themselves) be construed as meaning that regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

170 Action by. . . F564 planning authority on whom purchase notice is served. S

(1)The. . . F564 planning authority on whom a purchase notice is served under section 169 of this Act shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner or lessee by whom the purchase notice was served a notice stating either—

(a)that the. . . F564 planning authority are willing to comply with the purchase notice; or

(b)that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or

(c)that, for reasons specified in the notice under this subsection, the. . . F564 planning authority are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place, [F565and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection].

(2)Where the. . . F564ning authority on whom a purchase notice is served by an owner or lessee have served on him a notice in accordance with subsection (1)(a) or (b) of this section, the. . . F564 planning authority, or the local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof on the date of service of the notice under that subsection.

(3)Where the. . . F564 planning authority on whom a purchase notice is served by an owner or lessee propose to serve on him a notice in accordance with subsection (1)(c) of this section, [F566then, before they take steps to serve that notice, they shall transmit to the Secretary of State a copy of the purchase notice together with a copy of the notice which they propose to serve].

(4)Where the. . . F564 planning authority on whom a purchase notice is served by an owner or lessee do not, within the period specified in subsection (1) of this section, serve on him a notice under that subsection, the purchase notice shall be deemed to be confirmed at the expiration of that period, and the authority shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions, and to have served a notice to treat in respect thereof at the expiration of the said period.

(5)In this section “the relevant provisions” means the provisions of Part VI of this Act or, in the case of statutory undertakers any statutory provision (however expressed) under which they have power, or may be authorised, to purchase land compulsorily for the purposes of their undertaking.

Textual Amendments

Modifications etc. (not altering text)

171 Procedure on reference of purchase notice to Secretary of State. S

(1)Where a copy of a purchase notice is transmitted to the Secretary of State under section 170(3) of this Act, the Secretary of State shall consider whether to confirm the notice or to take other action under section 172 of this Act in respect thereof.

(2)Before confirming a purchase notice or taking any other action under section 172 of this Act in respect thereof, the Secretary of State shall give notice of his proposed action—

(a)to the person by whom the purchase notice was served;

(b)to the. . . F567 planning authority on whom the purchase notice was served; and

(c)if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the. . . F567 planning authority on whom the purchase notice was served, to that other local authority or those statutory undertakers.

(3)If, within such period as may be specified in a notice under subsection (2) of this section, being a period of not less than twenty-eight days from the service of that notice, any of the persons, authorities or statutory undertakers on whom that notice is served so requires, the Secretary of State, before confirming the purchase notice or taking any other action under section 172 of this Act in respect thereof, shall afford to those persons, authorities and undertakers an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4)Where the Secretary of State has given notice under subsection (2) of this section of his proposed action, and any of the persons, authorities and statutory undertakers concerned have appeared before and been heard by a person appointed by the Secretary of State for the purpose, or the persons, authorities and undertakers concerned have agreed to dispense with such a hearing, and it then appears to the Secretary of State to be expedient to take action under section 172 of this Act otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.

Textual Amendments

Modifications etc. (not altering text)

172 Action by Secretary of State in relation to purchase notice. S

(1)Subject to the following provisions of this section and to section 173 of this Act, if the Secretary of State is satisfied that the conditions specified in section 169(1)(a) to (c) of this Act are fulfilled in relation to a purchase notice, he shall confirm the notice.

(2)If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, grant planning permission for the development in respect of which the application was made, or, where planning permission for that development was granted subject to conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development.

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

(4)If it appears to the Secretary of State to be expedient that another local authority or statutory undertakers should acquire the interest of the owner or lessee for the purpose of any of their functions, he may, if he confirms the notice, modify it, either in relation to the whole or in relation to any part of the land to which it relates, by substituting that other authority or, as the case may be, those statutory undertakers for the. . . F568 planning authority on whom the notice was served.

(5)In section 171 of this Act, any reference to the taking of action by the Secretary of State under this section is a reference to the taking by him of any such action as is mentioned in subsections (1) to (4) of this section, or to the taking by him of a decision not to confirm the purchase notice either on the grounds that any of the conditions referred to in subsection (1) of this section are not fulfilled or by virtue of section 173 of this Act.

Textual Amendments

Modifications etc. (not altering text)

173 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission. S

(1)This section shall have effect where, on an application for planning permission to develop any [F569land which consists in whole or in part of land which has a restricted use] by virtue of a previous planning permission, permission is refused or granted subject to conditions and an owner of the land serves a purchase notice under section 169 of this Act.

(2)For the purposes of this section, land is to be treated as having a restricted use by virtue of a previous planning permission if it is part of a larger area in respect of which planning permission was previously granted (and has not been revoked) and either—

(a)it remains a condition of the planning permission (however expressed) that that part shall remain undeveloped or be preserved or laid out in a particular way as amenity land in relation to the remainder; or

(b)the planning permission was granted on an application which contemplated (expressly or by necessary implication) that the part should not be comprised in the development for which planning permission was sought, or should be preserved or laid out as aforesaid.

(3)If a copy of the purchase notice is transmitted to the Secretary of State under section 170(3) of this Act the Secretary of State, although satisfied that the land has become incapable of reasonably beneficial use in its existing state, shall nevertheless not be required under section 172(1) of this Act to confirm the notice if it appears to him that [F570the land having a restricted use by virtue of a previous planning permission ought, in accordance with that permission,] to remain undeveloped or, as the case may be, remain or be preserved or laid out as amenity land in relation to the remainder of the large area for which that planning permission was granted.

Textual Amendments

Modifications etc. (not altering text)

174 F571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

175 Effect of Secretary of State’s action in relation to purchase notice. S

(1)Where the Secretary of State confirms a purchase notice, the. . . F572 planning authority on whom the purchase notice was served (or, if under section 172(4) of this Act the Secretary of State modified the purchase notice by substituting another local authority or statutory undertakers for that. . . F572 planning authority, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

(2)If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in section 172(2) or (3) of this Act, and has not notified the owner or lessee, as the case may be, by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period, and the authority on whom the notice was served shall be deemed to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the relevant provisions and to have served notice to treat in respect thereof at the end of that period.

(3)For the purposes of subsection (2) of this section the relevant period is [F573, subject to subsection (3A) of this section,] the period of six months beginning with the date on which a copy of the purchase notice was transmitted to the Secretary of State.

[F574(3A)The relevant period does not run if the Secretary of State has before him at the same time both a copy of the purchase notice transmitted to him under section 170(3) of this Act and an appeal notice under any of the following provisions of this Act relating to any of the land to which the purchase notice relates—

  • section 33 (appeal against refusal of planning permission, &c.),

  • section 85 (appeal against enforcement notice),

  • section 91 (appeal against refusal of established use certificate),

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

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

(4)Where the Secretary of State has notified the owner or lessee by whom a purchase notice has been served of a decision on his part to confirm, or not to confirm, the notice (including any decision not to confirm the notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming the notice, either wholly or in part) and that decision of the Secretary of State is quashed under the provisions of Part XII of this Act, the purchase notice shall be treated as cancelled, but the owner or lessee may serve a further purchase notice in its place.

(5)For the purposes of any regulations made under this Act as to the time within which a purchase notice may be served, the service of a purchase notice under subsection (4) of this section shall not be treated as out of time if the notice is served within the period which would be applicable in accordance with those regulations if the planning decision, in consequence of which the notice is served, had been made on the date on which the decision of the Secretary of State was quashed as mentioned in subsection (4) of this section.

(6)In this section “the relevant provisions” has the same meaning as in section 170 of this Act.

Textual Amendments

Modifications etc. (not altering text)

176 Special provisions as to compensation where purchase notice served. S

(1)Where by virtue of section 153 of this Act compensation is payable in respect of expenditure incurred in carrying out any work on land, then, if a purchase notice is served in respect of an interest in that land, any compensation payable in respect of the acquisition of that interest in pursuance of the purchase notice shall be reduced by an amount equal to the value of the works in respect of which compensation is payable by virtue of that section.

(2)Where a purchase notice served in respect of an interest in land does not take effect, or does not take effect in relation to a part of the land, by reason that the Secretary of State gives a direction under section 172(3) of this Act, then if, on a claim made to the. . . F575 planning authority within the time and in the manner prescribed by regulations under this Act it is shown that the permitted development value of that interest (or, as the case may be, of that interest so far as it relates to that part of the land) is less than its [F576Schedule 6 value], the. . . F575 planning authority shall pay to the person entitled to that interest compensation of an amount which (subject to the following provisions of this section) shall be equal to the difference.

(3)If the planning permission which, by the direction referred to in subsection (2) of this section, is required to be granted would be granted subject to conditions for regulating the design or external appearance of buildings, or the size or height of buildings, or for regulating the number of buildings to be erected on the land, the Secretary of State, if it appears to him to be reasonable to do so having regard to the local circumstances, may direct that those conditions shall be disregarded, either altogether or to such extent as may be specified in the direction, in assessing any compensation payable under subsection (2) of this section.

(4)Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (2) of this section as they have effect in relation to compensation to which those sections apply.

(5)In this section “permitted development value”, in relation to an interest in land in respect of which a direction is given under section 172(3) of this Act, means the value of that interest calculated with regard to that direction, but on the assumption that no planning permission would be granted otherwise than in accordance with that direction, and.

[F577“ Schedule 6 value”, in relation to such an interest, means the value of that interest calculated on the assumption that planning permission would be granted—

(a)

subject to the conditions set out in Schedule 16, for any development of a class specified in paragraph 1 of Schedule 6; and

(b)

for any development of a class specified in paragraph 2 of Schedule 6.]

Textual Amendments

Modifications etc. (not altering text)

177 Purchase notice in respect of order revoking or modifying planning permission. S

(1)Where by an order under section 42 of this Act planning permission in respect of any land is revoked, or is modified by the imposition of conditions, then if any owner or lessee of the land claims—

(a)that the land has become incapable of reasonably beneficial use in its existing state; and

(b)in a case where the planning permission was modified by the imposition of conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and

(c)in any case, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the. . . F578 planning authority or the Secretary of State has undertaken to grant planning permission,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F578 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

(2)Section 169(7) of this Act shall apply to this section; and, subject to subsection (3) of this section, sections 169(2), 170 to 173, 175 and 176 of this Act shall apply to a notice served by virtue of subsection (1) of this section as they apply to a notice served by virtue of section 169(1) of this Act

(3)In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act, to a purchase notice served as aforesaid, that section shall apply as if the following subsection were substituted for subsection (2) thereof—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, cancel the order revoking the planning permission, or, where the order modified the permission by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the development in respect of which the permission was granted”.

Textual Amendments

Modifications etc. (not altering text)

178 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.S

(1)If any person entitled to an interest in land in respect of which an order is made under section 49 of this Act claims—

(a)that by reason of the order the land is incapable of reasonably beneficial use in its existing state, and

(b)that it cannot be rendered capable of reasonably beneficial use by the carrying out of any development for which planning permission has been granted, whether by that order or otherwise,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F579 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with the preceding provisions of this Part of this Act.

(2)Section 169(7) of this Act shall apply to this section; and, subject to subsection (3) of this section, sections 169(2), 170 to 173, 175 and 176 of this Act shall apply to a notice served by virtue of subsection (1) of this section as they apply to a notice served by virtue of section 169(1) of this Act.

(3)In the application of subsection (2) of section 169 of this Act to a purchase notice served by virtue of subsection (1) of this section, that subsection shall apply as if the words “or which would contravene the condition set out in Schedule 16 to this Act” were omitted; and in the application of section 172 of this Act to a purchase notice served as aforesaid, that sec tion shall have effect subject to the following modifications, that is to say—

(a)in subsection (1), for the reference to the conditions therein mentioned, there shall be substituted a reference to the conditions specified in subsection (1)(a) and (b) of this section; and

(b)the following subsection shall be substituted for subsection (2)—

“(2) If it appears to the Secretary of State to be expedient to do so, he may, in lieu of confirming the purchase notice, revoke the order under section 49 of this Act, or, as the case may be, amend that order so far as appears to him to be required in order to prevent the land from being rendered incapable of reasonably beneficial use by the order”.

(4)Where a purchase notice in respect of an interest in land is served in consequence of such an order as is mentioned in subsection (1) of this section, then if—

(a)that interest is acquired in accordance with the preceding provisions of this Part of this Act; or

(b)compensation is payable in respect of that interest under section 176(2) of this Act,

no compensation shall be payable in respect of that order under section 159 of this Act.

(5)Except as provided by this section, no purchase notice shall be served in respect of an interest in land while the land is incapable of reasonably beneficial use by reason only of such an order as is mentioned in subsection (1) of this section.

Textual Amendments

179 Purchase notice on refusal or conditional grant of listed building consent.S

(1)Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 10 to this Act, listed building consent is revoked or modified, then if any owner or lessee of the land claims—

(a)that the land has become incapable of reasonably beneficial use in its existing state; and

(b)in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and

(c)in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the. . . F580 planning authority or the Secretary of State has undertaken to grant such consent,

he may, within the time and in the manner prescribed by regulations under this Act, serve on the. . . F580 planning authority in whose district the land is situated a notice requiring that authority to purchase his interest in the land in accordance with Schedule 17 to this Act.

(2)Where, for the purpose of determining whether the conditions specified in subsection (1)(a) to (c) of this section are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of [F581development (other than any development specified in paragraph 1 or 2 of Schedule 6 to this Act)] or of any works requiring listed building consent which might be executed to the building, other than works for which the. . . F580 planning authority or the Secretary of State have undertaken to grant such consent.

(3)In this section and in Schedule 17 to this Act, “the land” means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner or lessee serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned or occupied with it, being land as to which the owner or lessee claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.

(4)Subsections (5) and (6) of section 169 of this Act shall apply to a listed building purchase notice as they apply to a purchase notice under that section.

(5)A notice under this section is in this Act referred to as a “listed building purchase notice”.

Textual Amendments

180 Purchase notices in other cases.S

(1)Sections 169 to 172, 175 and 176 of this Act are provisions falling within subsection (2) of section 58 of this Act; and subsection (1) of the said section 58 and subsection (2) of section 61 of this Act, shall have effect accordingly.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F582

Textual Amendments

[F583180A Public telecommunications operators.S

In the preceding provisions of this Part of this Act and in Schedule 17 to this Act the references to statutory undertakers shall be deemed to include references to a public telecommunications operator.]

Textual Amendments

Interests of owner-occupiers affected by planning proposalsS

181 Scope of these provisions. S

(1)The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—

(a)is land indicated in a structure plan in force either as land which may be required for the purposes of any [F584of the following functions, that is to say, those of a government department, local authority or statutory undertakers, or of the (F585British Coal Corporation) or the establishment or running by a public telecommunications operator of a telecommunication system], or as land which may be included in an action area; or

(b)is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or

(c)is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or

(d)is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or

[F586(e)is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—

(i)which has come into operation under; or

(ii)which is proposed to be made or confirmed under, and in respect of which a notice has been published under Schedule 1 to,

the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;]

(f)is land shown on plans approved by a resolution of a local [F587roads] authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or

(g)is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land; or

[F588(h)is land comprised in the site of a road as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the planning authority;]

[F589(i)is land in the case of which there is in force a compulsory purchase order providing for the acquisition of a right in or over that land, and the appropriate authority have power to serve, but have not served, notice to treat in respect of the right.]

(2)Paragraph (a) of subsection (1) of this section shall not apply to land situated in an area for which a local plan is in force, where that plan—

(a)allocates any land in the area for the purposes of such functions as are mentioned in that paragraph; or

(b)defines any land in the area as the site of proposed development for the purposes of any such functions.

(3)Interests qualifying for protection under these provisions are either—

(a)interests in hereditaments or parts of hereditaments; or

(b)interests in agricultural units or parts of agricultural units.

(4)An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, either—

(a)the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or

(b)in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner-occupier of the hereditament.

[F590(4A)The Secretary of State may, by regulations made under this subsection, substitute for any reference in these provisions to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or of any other enactment whether passed before or after this Act as the Secretary of State thinks fit.]

(5)An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.

(6)In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to [F591(i)] of this section and “blight notice” means a notice served under section 182 or 190 of this Act. [F592or section 73 of the M54Land Compensation (Scotland) Act 1973]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

182 Power to serve blight notice. S

(1)Where the whole or part of a hereditament or agricultural unit is comprised in land of any of the specified descriptions, and a person claims that—

(a)he is entitled to an interest in that hereditament or unit; and

(b)the interest is one which qualifies for protection under these provisions; and

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F593 he has made reasonable endeavours to sell that interest [F594or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable]; and

[F595(d)in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land]

he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

(2)Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable any person—

(a)if he is entitled to an interest in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of his interest in part of the hereditament or unit; or

(b)if he is entitled to an interest only in part of a hereditament or agricultural unit, to make or serve any such claim or notice in respect of his interest in less than the entirety of that part.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F596

(4)In these provisions “the claimant”, in relation to a blight notice, means the person who served that notice, and any reference to the interest of the claimant, in relation to such a notice, is a reference to the interest which the notice requires the appropriate authority to purchase as mentioned in subsection (1) of this section.

[F597(5)Where the claimant is a crofter or cottar, this section shall have effect as if—

(a)in subsection (1)(c) for the word “sell” there were substituted the word “assign”;

(b)in subsection (1)(d) for the words from “sell it” to “to sell” there were substituted the words “assign it except at a price substantially lower than that for which he might reasonably have expected to assign it”;

(c)in subsections (1) and (4) for the word “purchase” there were substituted the words “take possession of”]

Textual Amendments

F593Words repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

F594Words in s. 182(1)(c) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (C. 34, SIF 123:2), s. 79, Sch. 17, Pt. I para.11 (with s. 84(5)); S.I. 1991/2092, art.3

F596S. 182(3) repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

Modifications etc. (not altering text)

183 Objection to blight notice. S

(1)Where a blight notice has been served in respect of a hereditament or an agricultural unit, the appropriate authority, at any time before the end of the period of two months beginning with the date of service of that notice, may serve the claimant a counter-notice in the prescribed form objecting to the notice.

(2)Subject to the following provisions of this section, the grounds on which objection may be made in a counter-notice to a notice served under section 182 of this Act are—

(a)that no part of the hereditament or agricultural unit to which the notice relates is comprised in land of any of the specified descriptions;

(b)that the appropriate authority (unless compelled to do so by virtue of these provisions) do not propose to acquire any part of the hereditament, or (in the case of an agricultural unit) any part of the affected area, in the exercise of any relevant powers;

(c)that the appropriate authority propose in the exercise of relevant powers to acquire a part of the hereditament or (in the case of an agricultural unit) a part of the affected area specified in the counter-notice, but (unless compelled to do so by virtue of these provisions) do not propose to acquire any other part of that hereditament or area in the exercise of any such powers;

(d)that [F598(in the case of land falling within paragraph (a) or (c) but not (e), (f) or (h) of section 181(1) of this Act)] the appropriate authority (unless compelled to do so by virtue of these provisions) do not propose to acquire in the exercise of any relevant powers any part of the hereditament or (in the case of an agricultural unit) any part of the affected area during the period of [F599fifteen] years from the date of the counter-notice or such longer period from that date as may be specified in the counter-notice;

(e)that, on the date of service of the notice under section 182 of this Act, the claimant was not entitled to an interest in any part of the hereditament or agricultural unit to which the notice relates;

(f)that (for reasons specified in the counter-notice) the interest of the claimant is not an interest qualifying for protection under these provisions;

(g)that the conditions specified in paragraphs (c) and (d) of section 182(1) of this Act are not fulfilled.

(3)An objection may not be made on the grounds mentioned in paragraph (d) of subsection (2) of this section if it may be made on the grounds mentioned in paragraph (b) of that subsection.

[F600(3A)Where the appropriate enactment confers power to acquire a right in or over land, subsection (2) of this section shall have effect as if—

(a)in paragraph (b), after the word “acquire” there were inserted the words “or to acquire any right in or over”;

(b)in paragraph (c), for the words “do not propose to acquire” there were substituted the words “propose neither to acquire nor to acquire any right in or over”;

(c)in paragraph (d), after the words “affected area” there were inserted the words “or to acquire any right in or over any part thereof”.]

(4)Any counter-notice served under this section in respect of blight notice shall specify the grounds (being one or more of the grounds mentioned in the preceding provisions of this section or, as relevant, in section 190(6) of this Act) [F601or section 73(3) or 75(1) of the M55Land Compensation (Scotland) Act 1973]) on which the appropriate authority object to the notice.

(5)In this section “relevant powers”, in relation to any land falling within any of the specified descriptions, means any powers under which the appropriate authority are or could be authorised—

(a)to acquire [F602or to acquire any right in or over] that land compulsorily as being land falling within that description; or

(b)to acquire [F602or to acquire any right in or over] that land compulsorily for any of the relevant purposes;

and “the relevant purposes”, in relation to any such land, means the purposes for which, in accordance with the circumstances by virtue of which that land falls within the description in question, it is liable to be acquired or is indicated as being proposed to be acquired.

Textual Amendments

F598Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 92(7)(8) except as to a counter notice served under s. 183 before 13.11.1980

F599Word substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 92(7)(8) except as to a counter notice served under s. 183 before 13.11.1980

Modifications etc. (not altering text)

Marginal Citations

184 Reference of objection to Lands Tribunal. S

(1)Where a counter-notice has been served under section 183 of this Act objecting to a blight notice, the claimant, at any time before the end of the period of two months beginning with the date of service of the counter-notice, may require the objection to be referred to the Lands Tribunal.

(2)On any such reference, if the objection is not withdrawn, the Lands Tribunal shall consider the matters set out in the notice served by the claimant and the grounds of the objection specified in the counter-notice; and, subject to subsection (3) of this section, unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

(3)An objection on the grounds mentioned in section 183(2)

(b), (c) or (d) of this Act shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

(4)If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

(5)If the Tribunal upholds the objection, but only on the grounds mentioned in section 183(2)(c) of this Act, the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament or (in the case of an agricultural unit) of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned, but not in relation to any other part of the hereditament or affected area.

(6)In any case falling within subsection (4) or subsection (5) of this section, the Tribunal shall give directions specifying the date on which notice to treat [F603or, in a case where the claimant is a crofter or cottar, notice of entry] (as mentioned in section 185 of this Act) is to be deemed to have been served.

Textual Amendments

Modifications etc. (not altering text)

185 Effect of valid blight notice. S

(1)Where a blight notice has been served, and either—

(a)no counter-notice objecting to that notice is served in accordance with these provisions; or

(b)where such a counter-notice has been served, the objection is withdrawn, or, on a reference to the Lands Tribunal, is not upheld by the Tribunal,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in the hereditament, or (in the case of an agricultural unit) the interest of the claimant in so far as it subsists in the affected area, and to have served a notice to treat in respect thereof on the date mentioned in subsection (2) of this section.

(2)The said date—

(a)in a case where, on a reference to the Lands Tribunal, the Tribunal determines not to uphold the objection, is the date specified in directions given by the Tribunal in accordance with section 184(6) of this Act;

(b)in any other case, is the date on which the period of two months beginning with the date of service of the blight notice comes to an end.

(3)Where the appropriate authority have served a counter-notice objecting to a blight notice on the grounds mentioned in section 183(2)(c) of this Act, then if either—

(a)the claimant, without referring that objection to the Lands Tribunal, and before the time for so referring it has expired, gives notice to the appropriate authority that he accepts the proposal of the authority to acquire the part of the hereditament or affected area specified in the counter-notice, and withdraws his claim as to the remainder of that hereditament or area; or

(b)on a reference to the Lands Tribunal, the Tribunal makes a declaration in accordance with section 184(5) of this Act in respect of that part of the hereditament or affected area,

the appropriate authority shall be deemed to be authorised to acquire compulsorily under the appropriate enactment the interest of the claimant in so far as it subsists in the part of the hereditament or affected area specified in the counter-notice (but not in so far as it subsists in any other part of that hereditament or area) and to have served a notice to treat in respect thereof on the date mentioned in subsection (4) of this section.

(4)The said date—

(a)in a case falling within paragraph (a) of subsection (3) of this section, is the date on which notice is given in accordance with that paragraph; and

(b)in a case falling within paragraph (b) of that subsection, is the date specified in directions given by the Lands Tribunal in accordance with section 184(6) of this Act.

[F604(5)Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (1) and (3) for the words from “acquire” to “respect thereof” there were substituted the words “require the crofter or cottar to give up possession of the land occupied by him and to have served a notice of entry in respect thereof under paragraph 3 of Schedule 2 to the M56Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.”]

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

186 Compensation for compulsory purchase of historic buildings and of land in clearance areas. S

Where an interest in land is acquired in pursuance of a blight notice and the interest is one—

(a)in respect of which a compulsory purchase order is in force under section 1 of the M57Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (as applied by section 104 of this Act) containing a direction for minimum compensation under section 107 of this Act; or

(b)in respect of which a compulsory purchase order is in force under the said section 1 as applied by [F605paragraph 5 of Schedule 8 to the Housing (Scotland) Act 1987];

the compensation payable for the acquisition shall, in a case falling within paragraph (a) of this section, be assessed in accordance with the direction mentioned in that paragraph and, in a case falling within paragraph (b) of this section, be assessed in accordance with [F605paragraph 12(2) and (3) of Schedule 8 to the Housing (Scotland) Act 1987] in either case as if the notice to treat deemed to have been served in respect of the interest under section 185 of this Act had been served in pursuance of the compulsory purchase order.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

187 Withdrawal of blight notice. S

(1)Subject to subsection (2) of this section, the person by whom a blight notice has been served may withdraw the notice at any time before the compensation payable in respect of a compulsory acquisition in pursuance of the notice has been determined by the Lands Tribunal, or at any time before the end of the period of six weeks beginning with the date on which the compensation is so determined; and, where such a notice is withdrawn by virtue of this subsection, any notice to treat deemed to have been served in consequence thereof shall be deemed to have been withdrawn.

(2)A person shall not be entitled by virtue of subsection (1) of this section to withdraw a notice after the appropriate authority have exercised a right of entering and taking possession of land in pursuance of a notice to treat deemed to have been served in consequence of that notice.

(3)No compensation shall be payable in respect of the withdrawal of a notice to treat which is deemed to have been withdrawn by virtue of subsection (1) of this section.

Modifications etc. (not altering text)

188 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire. S

(1)The provisions of subsection (2) of this section shall have effect where the grounds of objection specified in a counter-notice served under section 183 of this Act consist of or include the grounds mentioned in paragraph (b) or (d) of subsection (2) of that section, and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal, or

(b)the time for referring that objection to the Lands Tribunal expires without its having been so referred.

(2)If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes the whole or part of the hereditament or agricultural unit to which the counter-notice relates, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in the hereditament or agricultural unit or any part thereof shall cease to have effect.

(3)The provisions of subsection (4) of this section shall have effect where the grounds of objection specified in a counter-notice under section 183 of this Act consist of or include the grounds mentioned in paragraph (c) of subsection (2) of that section, and either—

(a)the objection on the grounds mentioned in that paragraph is referred to and upheld by the Lands Tribunal; or

(b)the time for referring that objection to the Lands Tribunal expires without its having been so referred;

and in subsection (4) of this section any reference to “the part of the hereditament or affected area not required” is a reference to the whole of that hereditament or area except the part specified in the counter-notice as being the part which the appropriate authority propose to acquire as mentioned in the counter-notice.

(4)If a compulsory purchase order has been made under the appropriate enactment in respect of land which consists of or includes any of the part of the hereditament or affected area not required, or if the land in question falls within section 181(1)(d) of this Act, any power conferred by that order, or by the special enactment, as the case may be, for the compulsory acquisition of the interest of the claimant in any land comprised in the part of the hereditament or affected area not required shall cease to have effect.

[F606(5)Where the claimant is a crofter or cottar, this section shall have effect as if in subsections (2) and (4) for the words from “or by” to “claimant in” there were substituted the words “to require the crofter or cottar to give up possession of”.]

Textual Amendments

Modifications etc. (not altering text)

189 Death of claimant after service of blight notice. S

(1)In relation to any time after the death of a person who has served a blight notice, the provisions mentioned in subsection (2) of this section shall apply as if any reference therein to the claimant were a reference to the person who, on the claimant’s death, has succeeded to his interest in the hereditament or agricultural unit in question.

(2)The said provisions are sections 183(1), 184(1) and 185(3) of this Act.

Modifications etc. (not altering text)

190 Power of heritable creditor to serve blight notice. S

(1)Where the whole or part of a hereditament or agricultural unit is comprised in land falling within any of the specified descriptions and a person claims that—

(a)he is entitled as heritable creditor (by virtue of a power which has become exercisable) to sell an interest in the hereditament or unit, giving immediate vacant possession of the land; and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F607 he has made reasonable endeavours to sell that interest [F608or the land falls within paragraph (d) or (g) of section 181(1) of this Act and the powers of compulsory acquisition remain exercisable]; and

[F609(c)in consequence of the fact that the hereditament or unit or a part of it was, or was likely to be, comprised in land of any of the specified descriptions, he has been unable to sell that interest except at a price substantially lower than that for which it might reasonably have been expected to sell if no part of the hereditament or unit were, or were likely to be, comprised in such land.]

then, subject to the provisions of this section, he may serve on the appropriate authority a notice in the prescribed form requiring that authority to purchase that interest to the extent specified in, and otherwise in accordance with, these provisions.

(2)Subsection (1) of this section shall apply in relation to an interest in part of a hereditament or agricultural unit as it applies in relation to an interest in the entirety of a hereditament or agricultural unit:

Provided that this subsection shall not enable a person—

(a)if his interest as heritable creditor is in the entirety of a hereditament or agricultural unit, to make any claim or serve any notice under this section in respect of any interest in part of the hereditament or unit; or

(b)if his interest as heritable creditor is only in part of a hereditament or agricultural unit, to make or serve any such notice or claim in respect of any interest in less than the entirety of that part.

(3)Notice under this section shall not be served unless one or other of the following conditions is satisfied with regard to the interest which the heritable creditor claims he has the power to sell—

(a)the interest could be the subject of a notice under section 182 of this Act served by the person entitled thereto on the date of service of the notice under this section; or

(b)the interest could have been the subject of such a notice served by that person on a date not more than six months before the date of service of the notice under this section.

(4)No notice under this section shall be served in respect of a hereditament or agricultural unit, or any part of a hereditament or agricultural unit, at a time when a notice already served under section 182 of this Act is outstanding with respect to the hereditament, unit or part; and no notice shall be so served under that section at a time when a notice already served under this section is so outstanding.

(5)For the purposes of subsection (4) of this section, a notice served under this section or section 182 of this Act shall be treated as outstanding with respect to a hereditament or agricultural unit, or to part of a hereditament or agricultural unit, until—

(a)it is withdrawn in relation to the hereditament, unit or part; or

(b)an objection to the notice having been made by a counter-notice under section 183 of this Act, either—

(i)the period of two months specified in section 184 of this Act elapses without the claimant having required the objection to be referred to the Lands Tribunal under that section; or

(ii)the objection, having been so referred to the Lands Tribunal, is upheld by the Tribunal with respect to the hereditament, unit or part.

(6)The grounds on which objection may be made in a counter-notice under section 183 of this Act to a notice under this section are those specified in paragraphs (a) to (c) of subsection (2) of that section and, in a case to which it applies the grounds specified in paragraph (d) of that subsection and also the following grounds—

(a)that, on the date of service of the notice under this section, the claimant had no interest as heritable creditor in any part of the hereditament or agricultural unit to which the notice relates;

(b)that (for reasons specified in the counter-notice) the claimant had not on that date the power referred to in subsection (1)(a) of this section;

(c)that the conditions specified in subsection (1)(b) and (c) of this section are not fulfilled;

(d)that (for reasons specified in the counter-notice) neither of the conditions specified in subsection (3) of this section was, on the date of service of the notice under this section, satisfied with regard to the interest referred to in that subsection.

Textual Amendments

F607Words repealed by Land Compensation Act 1973 (c. 26), Sch. 3 except in relation to a blight notice served before 23.5.1973

Modifications etc. (not altering text)

191 Saving for claimant’s right to sell whole hereditament, etc. S

(1)The provisions of sections 183(2)(c), 184(5), 185(3) and 188(3) and (4) of this Act relating to hereditaments shall not affect the right of a claimant under section 90 of the M58Lands Clauses Consolidation (Scotland) Act 1845 to sell the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase.

(2)The said provisions shall not affect the right of a claimant under paragraph 4 of Schedule 2 to the M59Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to sell (unless the Lands Tribunal otherwise determines) the whole of the hereditament, or (in the case of an agricultural unit) the whole of the affected area, which he has required the authority to purchase; and accordingly in determining whether or not to uphold an objection relating to a hereditament on the grounds mentioned in section 183(2)(c) of this Act the Tribunal shall consider (in addition to the other matters which they are required to consider) whether—

(a)in the case of a house, building or manufactory, the part proposed to be acquired can be taken without material detriment to the house, building or manufactory; or

(b)in the case of a park or garden belonging to a house, the part proposed to be acquired can be taken without seriously affecting the amenity or convenience of the house.

Modifications etc. (not altering text)

Marginal Citations

192 Meaning of “owner-occupier” and “resident owner-occupier”. S

(1)Subject to the following provisions of this section, in these provisions “owner-occupier”, in relation to a hereditament, means a person who—

(a)occupies the whole or a substantial part of the hereditament in right of an owner’s interest therein, and has so occupied the hereditament or that part thereof during the whole of the period of six months ending with the date of service; or

(b)occupied, in right of an owner’s interest, the whole or a substantial part of the hereditament during the whole of a period of six months ending not more than twelve months before the date of service, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(2)Subject to the following provisions of this section, in these provisions “owner-occupier”, in relation to an agricultural unit, means a person who—

(a)occupies the whole of that unit, and has occupied it during the whole of the period of six months ending with the date of service; or

(b)occupied the whole of that unit during the whole of a period of six months ending not more than twelve months before the date of service,

and, at all times material for the purposes of paragraph (a) or paragraph (b) of this subsection, as the case may be, has been entitled to an owner’s interest in the whole or part of that unit.

(3)In these provisions “resident owner-occupier”, in relation to a hereditament, means an individual who—

(a)occupies the whole or a substantial part of the hereditament as a private dwelling in right of an owner’s interest therein, and has so occupied the hereditament or that part thereof, as the case may be, during the whole of the period of six months ending with the date of service; or

(b)occupied, in right of an owner’s interest, the whole or a substantial part of the hereditament as a private dwelling during the whole of a period of six months ending not more than twelve months before the date of service, the hereditament, or that part thereof, as the case may be, having been unoccupied since the end of that period.

(4)In this section “owner’s interest”, in relation to a hereditament or agricultural unit, or part thereof, includes the interest of [F610(a)] the lessee under a lease thereof, being a lease the unexpired period of which on the date of service is not less than three years [F611and (b) a crofter or cotter therein]; and “date of service”, in relation to a hereditament or agricultural unit, means the date of service of a notice in respect thereof under section 182 of this Act.

Textual Amendments

Modifications etc. (not altering text)

193 Special provisions as to partnerships. S

(1)The provisions of this section shall have effect for the purposes of the application of these provisions to a hereditament or agricultural unit occupied for the purposes of a partnership firm.

(2)Occupation for the purposes of the firm shall be treated as occupation by the firm, and not as occupation by any one or more of the partners individually, and the definitions of “owner-occupier” in section 192(1) and (2) of this Act shall apply in relation to the firm accordingly.

(3)If, after the service by the firm of a blight notice, any change occurs (whether by death or otherwise) in the constitution of the firm, upon proceedings, rights or obligations consequential upon that notice may be carried on or exercised by or against, or (as the case may be) shall be incumbent upon, the partners for the time being constituting the firm.

(4)Nothing in this section or elsewhere in these provisions shall be construed as indicating an intention to exclude the operation of section 19 of the M60Interpretation Act 1889 (whereby, unless the contrary intention appears, “person” includes any body of persons corporate or unincorporate) in relation to any of these provisions.

(5)Subsection (2) of this section shall not affect the definition of “resident owner-occupier” in section 192(3) of this Act.

Modifications etc. (not altering text)

C159Reference in s. 193(4) to “section 19 of the Interpretation Act 1889” to be construed as reference to Interpretation Act 1978 (c. 30), Sch. 1 (entry relating to “Person”): Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

194“Appropriate authority” for purposes of these provisions. S

(1)Subject to the following provisions of this section, in these provisions “the appropriate authority”, in relation to any land, means the government department, local authority or other body [F612or person] by whom, in accordance with the circumstances by virtue of which the land falls within any of the specified descriptions, the land is liable to be acquired or is indicated as being proposed to be acquired.

(2)If any question arises—

(a)whether the appropriate authority in relation to any land for the purpose of these provisions is the Secretary of State or a local [F613roads] authority; or

(b)which of two or more local [F613roads] authorities is the appropriate authority in relation to any land for those purposes; or

(c)which of two or more local authorities is the appropriate authority in relation to any land for those purposes;

that question shall be referred to the Secretary of State, whose decision shall be final.

(3)If any question arises which authority is the appropriate authority for the purposes of these provisions—

(a)section 183(1) of this Act shall have effect as if the reference to the date of service of the blight notice were a reference to that date or the date on which that question is determined, whichever is the later;

(b)section 190(3)(b) of this Act shall apply with the substitution for the period of six months of a reference to that period extended by so long as it takes to obtain a determination of the question; and

(c)section 192(1)(b), (2)(b) and (3)(b) of this Act shall apply with the substitution for the reference to twelve months before the date of service of a reference to that period extended by so long as it takes to obtain a determination of the question.

Textual Amendments

Modifications etc. (not altering text)

195“Appropriate enactment” for purposes of these provisions. S

(1)Subject to the following provisions of this section, in these provisions “the appropriate enactment”, in relation to land falling within any of the specified descriptions, means the enactment which provides for the compulsory acquisition of land as being land falling within that description [F614or, as respects the description contained in paragraph (i) of section 181(1) of this Act, the enactment under which the compulsory purchase order referred to in that paragraph was made.]

(2)In relation to land falling within the description contained in section 181(1)(b) of this Act an enactment shall, for the purposes of subsection (1) of this section be taken to be an enactment which provides for the compulsory acquisition of land as being land falling within that description if—

(a)the enactment provides for the compulsory acquisition of land for the purposes of the functions which are indicated in the development plan as being the functions for the purposes of which the land is allocated or is proposed to be developed; or

(b)where no particular functions are so indicated in the development plan, the enactment provides for the compulsory acquisition of land for the purposes of any of the functions of the government department, local authority or other body for the purposes of whose functions the land is allocated or is defined as the site of proposed development.

(3)Where, in accordance with the circumstances by virtue of which any land falls within any of the specified descriptions, it is indicated that the land is proposed to be acquired for [F615roads] purposes, any enactment under which a [F615roads] authority are or (subject to the fulfilment of the relevant conditions) could be authorised to acquire that land compulsorily for [F615roads] purposes shall, for the purposes of subsection (1) of this section, be taken to be an enactment providing for the compulsory acquisition of that land as being land falling within the description in question.

(4)In subsection (3) of this section the reference to the fulfilment of the relevant conditions is a reference to such one or more of the following as are applicable to the circumstances in question, that is to say—

[F616(aa)the coming into operation of any requisite scheme or order under the Roads (Scotland) Act 1984;]

(c)the making or approval of any requisite plans.

(5)If, apart from this subsection, two or more enactments would be the appropriate enactment in relation to any land for the purposes of these provisions, the appropriate enactment for those purposes shall be taken to be that one of those enactments under which, in the circumstances in question, it is most likely that (apart from these provisions) the land would have been acquired by the appropriate authority.

(6)If any question arises as to which enactment is the appropriate enactment in relation to any land for the purposes of these provisions, that question shall be referred—

(a)where the appropriate authority are a government department, to the Minister or Board in charge of that department;

(b)where the appropriate authority are statutory undertakers, to the appropriate Minister; and

(c)in any other case, to the Secretary of State,

and the decision of the Minister, Secretary of State or Board to whom a question is referred under this subsection shall be final.

Textual Amendments

F616S. 195(4)(aa) substituted for paras. (a) and (b) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(7)(b) (with s. 128(1) )

Modifications etc. (not altering text)

C165S. 195(6) modified by Gas Act 1986 (c. 44: SIF 44:2), s. 67(1), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

196 General interpretation of these provisions. S

(1)Subject to the following provisions of this section, in these provisions the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “the affected area”, in relation to an agricultural unit, means so much of that unit as, on the date of service, consists of land falling within any of the specified descriptions;

  • “agricultural unit” means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;

  • “annual value”, in relation to a hereditament, means the value which, on the date of service, is shown in the valuation roll as the rateable value of that hereditament, except that, where the rateable value differs from the net annual value, it means the value which on that date is shown in the valuation roll as the net annual value thereof;

  • “the claimant” has the meaning assigned to it by section 182(4) of this Act;

  • [F617“cottar” has the same meaning as in section 28(4) of the M61Crofters (Scotland) Act 1955;

  • “crofter” has the same meaning as in section 3(2) of the M62Crofters (Scotland) Act 1955];

  • “hereditament” means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section 7 of the M63Valuation and Rating (Scotland) Act 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;

  • “special enactment” means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein; and in this definition “local enactment” means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;

  • “these provisions”, “the specified descriptions” and “blight notice” have the meanings assigned to them respectively by section 181(6) of this Act.

(2)Where any land is on the boundary between two or more valuation areas, and accordingly—

(a)different parts of that land form the subject of single entries in the valuation rolls for the time being in force for those areas respectively; but

(b)if the whole of that land had been in one of those areas, it would have formed the subject of a single entry in the valuation roll for that area,

the whole of that land shall be treated, for the purposes of the definition of “hereditament” in subsection (1) of this section, as if it formed the subject of a single entry in the valuation roll for a valuation area.

(3)Land which forms the subject of an entry in the valuation roll by reason only that it is land over which any shooting, fishing or other sporting rights are exercisable, or that it is land over which a right of exhibiting advertisements is let out or reserved, shall not be taken to be a hereditament within the said definition.

(4)Where, in accordance with subsection (2) of this section, land whereof different parts form the subject of single entries in the valuation rolls for the time being in force for two or more valuation areas is treated as if it formed the subject of a single entry in the valuation roll for a valuation area, the definition of “annual value” in subsection (1) of this section shall apply as if any reference therein to a value shown in the valuation roll were a reference to the aggregate of the values shown (as rateable values or as net annual values, as the case may be) in those valuation rolls in relation to the different parts of that land.

(5)In this section “date of service” has the same meaning as in section 192 of this Act.

Textual Amendments

Modifications etc. (not altering text)

C171Definition of 'agricultural unit' applied (30.9.1991) by Coal Mining Subsidence Act 1991 (c. 45), s. 52(1); S.I. 1991/2508, art.2

Marginal Citations

Supplementary provisionsS

197 No withdrawal of constructive notice to treat.S

Without prejudice to the provisions of section 187(1) of this Act, the power conferred by section 39 of the M64Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of any of the provisions of this Part of this Act.

Marginal Citations

Part XS Highways

Stopping up and diversion of highwaysS

198 Highways affected by development: orders by Secretary of State. S

(1)The Secretary of State may by order authorise the stopping up or diversion of any [F618road] if he is satisfied that it is necessary to do so in order to enable development to be carried out in accordance with planning permission granted under Part III of this Act, [F619or by virtue of Schedule 32 to the M65Local Government, Planning and Land Act 1980], or to be carried out by a government department.

[F620(2)Any order under this section may make such provision as appears to the Secretary of State to be necessary or expedient for the construction or improvement of any other road, and may direct that the other road so constructed or improved—

(a)shall be entered by the local roads authority in the list of public roads kept by them under section 1 of the Roads (Scotland) Act 1984; or

(b)shall be deemed for the purposes of that Act to have been constructed by him under section 19 thereof,

and in the case of a road so deemed, that it shall, on such date as may be specified in the order, become a trunk road within the meaning of that Act.]

(3)Any order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State to be necessary or expedient, including in particular—

(a)provision for authorising the Secretary of State, or requiring any other authority or person specified in the order—

(i)to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; F621

(ii)

F621(b)provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the [F622road] to which the order relates.

(4)An order may be made under this section authorising the stopping up or diversion of any [F623road] which is temporarily stopped up or diverted under any other enactment.

(5)The provisions of this section shall have effect without prejudice to—

(a)any power conferred on the Secretary of State by any other enactment to authorise the stopping up or diversion of a [F623road];

(b)the provisions of section 3 of the M66Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; or

(c)the provisions of section 203(1)(a) of this Act.

Textual Amendments

F621S. 198(3)(a)(ii) and the word “or” immediately preceding that sub-paragraph repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(8)(c)(i), Sch. 11 (with s. 128(1))

F622Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(8)(c)(ii), Sch. 11 (with s. 128(1))

Modifications etc. (not altering text)

Marginal Citations

[F624198A Highways affected by development: orders by planning authorities. S

(1)Subject to section 206 of this Act and to subsection (5) below, a planning authority may by order authorise the stopping up diversion of any [F625road] which is not—

(a)a trunk road within the meaning of [F626the Roads (Scotland) Act 1984]; or

(b)a special road provided by the Secretary of State in pursuance of a scheme under [F627that Act],

if they are satisfied as mentioned in section 198(1) of this Act.

(2)An order under this section—

(a)may make such provision as appears to the planning authority to be necessary or expedient for the [F628construction] or improvement of any other [F628road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) and may direct that [F628the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];

(b)may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—

(i)provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F629 paragraph (a) of subsection (3) of section 198 of this Act;

(ii)such provision as is mentioned in paragraph (b) of that subsection.

(3)An order may be made under this section authorising the stopping up or diversion of any [F630road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.

(4)The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a [F630road].

(5)The planning authority shall not make an order under this section without consulting the [F631roads] authority (in a case where they are themselves not that authority).]

Textual Amendments

F627Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(iii) (with s. 128(1))

F628Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(b)(i) (with s. 128(1))

F629Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(9)(b)(ii), Sch. 11 (with s. 128(1))

Modifications etc. (not altering text)

199 Footpaths and bridleways affected by development: orders by local planning authorities. S

(1)Subject to section 206 of this Act, a F632planning authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied as mentioned in section 198(1) of this Act.

(2)An order under this section may, if the F632 planning authority are satisfied that it should do so, provide—

(a)for the creation of an alternative footpath or bridleway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing path or way for such use;

(b)for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement, provision is made by the order;

(c)for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;

(d)for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

(3)An order may be made under this section authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

Textual Amendments

Modifications etc. (not altering text)

200F633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Conversion of highway into footpath or bridlewayS

201 Order extinguishing right to use vehicles on highway.S

(1)The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a [F634road] in that area (being a [F634road] over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purposes of advances under section [F6353 of the Roads (Scotland) Act 1984]) being changed to a footpath or bridleway

(2)[F636Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may] by order provide for the extinguishment of any right which persons may have to use vehicles on that [F637road].

(3)An order made under subsection (2) of this section may include such provision as the [F638competent authority] (after consultation with the F639 planning authority and the [F640roads] authority, if different from the competent authority) thinks fit for permitting the use on the [F640road] of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(4)No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a [F641road] in relation to which an order made under subsection (2) of this section has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) of this section.

(5)Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a [F641road] to which the order relates shall be entitled to be compensated by the competent authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection “lawful access” means access authorised by planning permission granted under this Act or the Act of 1947, or access in respect of which no such permission is necessary.

(6)A claim for compensation under subsection (5) of this section shall be made to the competent authority within the time and in the manner prescribed by regulations under this Act.

(7)Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (5) of this section as they have effect in relation to compensation to which those sections apply.

(8)Without prejudice to section 273(3) of this Act, the [F642competent authority may, subject to section 206 of this Act and to subsection (9) of this section] by order revoke an order made by [F642them] in relation to a [F641road] under subsection (2) of this section; and the effect of the order shall be to reinstate any right to use vehicles on the [F641road], being a right which was extinguished by virtue of the order under that subsection.

(9)The competent authorities for the purposes of this section are [F643regional, islands and district] councils, and [F644a competent authority shall not make an order under subsection (2) or (8) of this section—

(a)if they are not the authority exercising district planning functions, without consulting that authority; and

(b)if they are not the [F645roads] authority, without obtaining the consent of that authority.]

[F646(10)An order under this section—

(a)may make such provision as appears to the competent authority to be necessary or expedient for the [F647construction] or improvement of any other [F647road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of section 189A(1) of this Act), and may direct that [F647the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];

(b)may contain such incidental and consequential provisions as appear to the competent authority to be necessary or expedient, including in particular—

(i)provision for authorising the competent authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F648 paragraph (a) of subsection (3) of section 198 of this Act;

(ii)such provision as is mentioned in paragraph (b) of that subsection.

(11)The provisions of this section shall have effect without prejudice to—

(a)any power conferred on the competent authority by any other enactment to authorise the stopping up or diversion of a [F649road]

(b)the provisions of section 203(1)(b) of this Act.]

Textual Amendments

F636Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(a) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F638Words substituted by Local Government (Miscellaneous Provisions (Scotland) Act 1981 (c. 23, Sch. 2 para. 27(1)(b). (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F640Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(c)(i)(ii) (with s. 128(1))

F642Words substituted by Local Government (Miscellaneous Provi sions (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(c), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F644Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(d), (2) except as regards the operation of s. 20 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F646S. 201(10)(11) substituted for s. 201(1) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(e), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F647Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(f)(i) (with s. 128(1))

F648Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(10)(f)(ii), Sch. 11 (with s. 128(1))

202 Provision of amenity for highway reserved to pedestrians.S

(1)Where in relation to a [F650road] an order has been made under section 201(2) of this Act, a competent authority may carry out and maintain any such works on or in the [F650road], or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the [F650road] and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

(2)The powers exercisable by a competent authority under this section shall extend to laying out any part of the [F650road] with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.

(3)A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the [F650road], but shall not so exercise them as—

(a)to prevent persons from entering the [F650road] at any place where they could enter it before the order under section 201 of this Act was made; or

(b)to prevent the passage of the public along the [F650road]; or

(c)to prevent normal access by pedestrians to premises adjoining the [F650road]; or

(d)to prevent any use of vehicles which is permitted by an order made under the said section 201 and applying to the [F650road]; or

(e)to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the [F650road]; [F651or

(f)to prevent the operator of any telecommunications code system from having access to any works of his under, in, on, over, along or across the [F650road].]

(4)An order under section 201(8) of this Act may make provision requiring the removal of any obstruction of the [F650road] resulting from the exercise by a competent authority of their powers under this section.

(5)The competent authorities for the purposes of this section are [F652regional, islands and district] councils, but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the F653 planning authority [F654exercising district planning functions] and the [F655roads] authority (in a case where they are themselves not that authority).

Textual Amendments

F651S. 201(3)(f) and the word “or” immediately preceeding that paragraph inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 54(7), Sch. 5 para. 45

Modifications etc. (not altering text)

Extinguishment of rights of wayS

203 Extinguishment of public rights of way over land held for planning purposes.S

(1)Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated—

(a)the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b)subject to section 206 of this Act, the local authority may by order extinguish any such right over the land F656 if they are satisfied as aforesaid.

(2)In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 122(1) of this Act as if this section were in Part VI of this Act.

Textual Amendments

Procedure for making and confirming ordersS

204 Procedure for making of orders by Secretary of State. S

(1)Before making an order under section 198, F657F658 or 203(1)(a) of this Act the Secretary of State shall publish in at least one local newspaper circulating in the relevant area, and in the Edinburgh Gazette, a notice—

(a)stating the general effect of the order;

(b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of twenty-eight days from the date of the publication of the notice; and

(c)stating that, within that period, any person may by notice to the Secretary of State object to the making of the order.

(2)Not later than the date on which that notice is so published, the Secretary of State—

(a)shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on every local authority in whose area any [F659road] or, as the case may be, any land to which the order relates is situated, and on any water, hydraulic power, gas or electricity undertakers having any cables, mains, pipes or wires laid along, across, under or over any [F659road] to be stopped up or diverted or, as the case may be, any land over which a right of way is to be extinguished, under the order; and

(b)shall cause a copy of the notice to be displayed in a prominent position at the ends of so much of any [F659road] as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.

(3)If before the end of the said period of twenty-eight days an objection is received by the Secretary of State from any local authority or undertakers on whom a notice is required to be served under subsection (2) of this section, or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, the Secretary of State shall cause a local inquiry to be held:

Provided that, if the objection is made by a person other than such a local authority or undertakers, the Secretary of State may dispense with such an inquiry if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

(4)After considering any objections to the order which are not withdrawn, and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State (subject to subsection (5) of this section) may make the order either without modification or subject to such modifications as he thinks fit.

(5)Where the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 198(3)(a) of this Act, and objection to that provision is duly made, in accordance with subsection (3) of this section, by an authority or person who would be required thereby to make such a payment, repayment or contribution, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(6)Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in subsection (1) of this section, a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and the provisions of subsection (2) of this section shall have effect in relation to any such notice as they have effect in relation to a notice under subsection (1) of this section.

(7)In this section “the relevant area”, in relation to an order, means the area in which any [F659road] or land to which the order relates is situated F660

Textual Amendments

Modifications etc. (not altering text)

205 Procedure in anticipation of planning permission, etc. S

(1)Where the Secretary of State would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 198 F661 of this Act authorising the stopping-up or diversion of a [F662road] in order to enable that development to be carried out, then, notwithstanding that such permission has not been granted, the Secretary of State may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with section 204 of this Act.

(2)The Secretary of State may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission and either—

(a)that application is made by a local authority or statutory undertakers or the [F663British Coal Corporation]; or

(b)that application stands referred to the Secretary of State in pursuance of a direction under section 32 of this Act; or

(c)the applicant has appealed to the Secretary of State under section 33 of this Act against a refusal of planning permission or of approval required under a development order, or against a condition of any such permission or approval.

(3)The Secretary of State may publish such a notice as aforesaid where—

(a)the relevant development is to be carried out by a local authority [F664or], statutory undertakers F665 and requires, by virtue of an enactment, the authorisation of a government department; and

(b)the developers have made application to the department for that authorisation and also requested a direction under section 37 of this Act F665, that planning permission be deemed to be granted for that development.

(4)The Secretary of State may publish such a notice as aforesaid where the F666 planning authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the relevant development.

(5)Section [F667204(4)] of this Act shall not be construed as authorising the Secretary of State to make an order under section 198 F668 of this Act of which notice has been published by virtue of subsection (1) of this section until planning permission is granted for the development which occasions the making of the order.

Textual Amendments

Modifications etc. (not altering text)

[F669205A Further procedure in anticipation of planning permission etc.S

(1)Where—

(a)a planning authority would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 198A of this Act authorising the stopping-up or diversion of a [F670road] in order to enable that development to be carried out; F671

(b)

F671then, notwithstanding that such permission has not been granted, the F672 authority may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with the provisions of Schedule 18 to this Act; but nothing in the said schedule shall be construed as authorising the F672 authority to make the order in anticipation of such permission.

(2)The F672 authority may publish such a notice as aforesaid where the F672 development is the subject of an application for planning permission.

(3)The F672 authority may publish such a notice as aforesaid where—

(a)the F672 development is to be carried out by a local authority [F673or], statutory undertakers F674 and requires, by virtue of an enactment, the authorisation of a government department; and

(b)the developers have made an application to the department for that authorisation and also requested a direction under section 37 of this Act, F674, that planning permission be deemed to be granted for that development.

(4)The planning authority may publish such a notice as aforesaid where they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the F672 development.

(5)F675]

Textual Amendments

F670In s. 205A(1)(a) (in the amending Act referred to as s. 205(1)(a)) word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(14) (with s. 128(1))

F671S. 205(1)(b) and the word “or” immediately preceeding it repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

[F676206 Confirmation of orders made by other authorities.S

(1)An order made under section 198A or 199 of this Act by a planning authority F677, section 201 thereof by a competent authority or section 203(1)(b) thereof by a local authority, shall not take effect unless confirmed—

(a)by the Secretry of State in a case where the order is opposed;

(b)in any other case by the authority making the order.]

(2)The Secretary of State shall not confirm any such order unless satisfied as to every matter of which the authority making the order are required under section [F678198A F677] 199 or 203(1)(b) (as the case may be) to be satisfied.

(3)The time specified—

(a)in an order under section 199 as the time from which a footpath or bridleway is to be stopped up or diverted; or

[F679(aa)in an order under section 198A F677 as the time from which a [F680road] is to be stopped up or diverted; or

(ab)in an order under section 201 as the time from which a right is to be extinguished; or]

(b)in an order under section 203(1)(b) as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

(4)Schedule 18 to this Act shall have effect with respect to the confirmation of orders under section [F681198A, 199, F677, 201] or 203(1)(b) of this Act and the publicity for such orders after they are confirmed. [F682The Schedule has no application as regards orders made by the Secretary of State.]

Textual Amendments

Supplementary provisionsS

207F683. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

208 Concurrent proceedings in connection with highways.S

(1)In relation to orders under sections 198, [F684198A,] and 201 of this Act, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section [F685104(1)(b)(i) of the Roads (Scotland) Act 1984] may be taken concurrently with any proceedings required to be taken for the purposes of the order.

(2)In relation to orders under section 203(1)(a) [F684or (b)] of this Act, regulations made under this Act may make provision for securing—

(a)that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

(b)that any proceedings required to be taken for the purposes of the acquisition of any other land under section [F686104(1)(b)(ii) of the Roads (Scotland) Act 1984] may be taken concurrently with either or both of the proceedings referred to in the preceding paragraph.

Textual Amendments

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

210F691. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F692210A Recovery of costs of making orders relating to roads, paths etc.S

(1)Where, after the coming into force of this section, a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

(2)The orders to which subsection (1) above applies are orders under any of the following enactments—

(a)section 198A of this Act (orders authorising the stopping up or diversion of certain [F693roads]);

(b)section 199 of this Act (orders authorising the stopping up or diversion of footpaths or bridleways);

(c)

F694(d)section 201 of this Act (orders extinguishing the right to use vehicles on a [F695road]);

(e)

F694(f)section 34 of the M68Countryside (Scotland) Act 1967 (orders as regards the closure of public paths); and

(g)section 35 of the said Act of 1967 (orders as regards the diversion of public paths).]

Textual Amendments

Marginal Citations

Part XIS Statutory Undertakers

Modifications etc. (not altering text)

C193Pt. XI (ss. 211-230) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Pt. XI (ss. 211-230) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

PreliminaryS

211 Meaning of “operational land”. S

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,

not being 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.

Modifications etc. (not altering text)

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

(1)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 Act of 1947,

then subsection (2) of this section shall have effect for the purpose of determining whether the land is to be treated as operational land for the purposes of this Act and shall so have effect notwithstanding the definition of operational land in section 211 of this Act.

(2)The land shall not be treated as operational land for the purposes of this Act unless one or both of the following conditions are satisfied with respect to it, namely—

(a)there is, or at some time has been, in force with respect to the land a specific planning permission for its development and that development, if carried out, would involve or have involved the use of the land for the purpose of the carrying on of the statutory undertakers’ undertaking; or

(b)the undertakers’ interest in the land was acquired by them as the result of a transfer under the provisions of [F696[F697the Gas Act 1986][F698, the Airports Act 1986] or] the M69Transport Act 1968 from other statutory undertakers and the land was, immediately before transfer, operational land of those other undertakers.

(3)A specific planning permission for the purpose of subsection (2)(a) of this section is a planning permission—

(a)granted on an application in that behalf under Part III of this Act or the enactments previously in force and replaced by that Part of this Act; or

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

(c)granted by a special development order in respect of development specifically described in the order; or

(d)deemed to be granted by virtue of a direction of a government department under section 37 of this Act or section 32 of the Act of 1947;

and the reference in paragraph (b) of this subsection to development which has received specific parliamentary approval shall be construed as referring to development authorised by a local or private Act of Parliament or by an order approved by both Houses of Parliament or by an order which has been brought into operation in accordance with the provisions of the M70Statutory Orders (Special Procedure) Act 1945, being an Act or order which designates specifically both the nature of the development thereby authorised and the land upon which it may be carried out.

Textual Amendments

F696Words inserted by Gas Act 1972 (c. 60), s. 40

Modifications etc. (not altering text)

Marginal Citations

M701945 c. 18. (9 and 10 Geo. 6).

[F699213 Meaning of “the appropriate Minister”.S

(1)In this Act “the appropriate Minister”—

(a)in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour or pier undertaking, the Secretary of State for Transport;

(b)in relation to statutory undertakers carrying on an undertaking for the supply of F700 hydraulic power, the Secretary of State for Energy;

(c)in relation to F701 the Civil Aviation Authority or statutory undertakers carrying on any lighthouse undertaking, the Secretary of State for Trade;

(d)in relation to the Post Office, the Secretary of State for Industry;

(e)in relation to statutory undertakers carrying on an undertaking for the supply of F702 water, the Secretary of State for Scotland; and

(f)in relation to any other statutory undertakers, the Secretary of State for the Environment.]

(2)This Act shall have effect as if references to the Secretary of State and the appropriate Minister—

(a)were references to the Secretary of State and the appropriate Minister, if the appropriate Minister is not the one concerned as the Secretary of State; and

(b)were references to the one concerned as the Secretary of State alone, if he is also the appropriate Minister;

and similarly with references to a Minister and the appropriate Minister and with any provision requiring the Secretary of State to act jointly with the appropriate Minister.

Textual Amendments

General provisionsS

214 Applications for planning permission by statutory undertakers. S

(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 Secretary of State under Part III of this Act; or

(b)an appeal is made to the Secretary of State under Part III of this Act from the decision on such an application; or

(c)such an application is deemed to be made under subsection (7) of section 85 of this Act on an appeal under that section by statutory undertakers,

the application or appeal shall be dealt with by the Secretary of State and the appropriate Minister.

(2)Subsection (1) of this section applies—

(a)to operational land; and

(b)to 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)An application for planning permission which is deemed to have been made by virtue of section 91(5) of this Act shall be determined by the Secretary of State and the appropriate Minister.

(4)Notwithstanding anything in Part III of this Act, planning permission to develop operational land of statutory undertakers shall not, except with their consent, be granted subject to conditions requiring that any buildings or works authorised by the permission shall be removed, or that any use of the land so authorised shall be discontinued, at the end of a specified period.

(5)Subject to the provisions of this Part of this Act as to compensation, the provisions of this Act shall apply to an application which is dealt with under this section by the Secretary of State and the appropriate Minister as if it had been dealt with by the Secretary of State.

Modifications etc. (not altering text)

C202Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

215 Development requiring sanction of government department. S

(1)Where the sanction of a government department F703 is required in respect of any development of operational land, then, except where that sanction has been granted without any direction as to the grant of planning permission, the Secretary of State and the appropriate Minister shall not be required to deal with an application for planning permission under section 214(1) of this Act.

(2)The provisions of subsection (3) of section 37 of this Act shall have effect for the purposes of this section as they have effect for the purposes of that section.

Textual Amendments

Modifications etc. (not altering text)

C208Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

216 Revocation or modification of permission to develop operational land. S

In relation to any planning permission, granted on the application of statutory undertakers, for the development of operational land, the provisions of Part III of this Act with respect to the revocation and modification of planning permission shall have effect as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

Modifications etc. (not altering text)

C212Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

217 Order requiring discontinuance of use etc. of operational land. S

The provisions of Part III of this Act with respect to the making of orders requiring the discontinuance of any use of land or imposing conditions on the continuance thereof, or requiring buildings or works on land to be altered or removed, shall have effect, in relation to operational land of statutory undertakers, as if, for any reference therein to the Secretary of State, there were substituted a reference to the Secretary of State and the appropriate Minister.

Modifications etc. (not altering text)

C218Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

[F704218 Acquisition of land of statutory undertakers.S

(1)This section applies to any compulsory purchase order under this Act authorising the acquisition of land which has been acquired by statutory undertakers for the purposes of their undertaking.

(2)Paragraph 10 (protection of land of statutory undertakers) of Schedule 1 to the M71Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall not apply to such an order confirmed or made by the appropriate Minister jointly with the Minister or Ministers who would (apart from this subsection) have power to make or confirm it.]

Textual Amendments

F704S. 218 substituted (25. 9. 1991) by Planning and Compensation Act (c. 34, SIF 123:2), s. 79, Sch. 17, Pt. 1, para.12 (with s. 84(5)); S.I. 1991/2092, art.3

Modifications etc. (not altering text)

Marginal Citations

219 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers. S

(1)Where any land has been acquired by a Minister, a F705 Planning authority or statutory undertakers under Part VI of this Act or compulsorily under any other enactment, or has been appropriated by a F705 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,

the acquiring or appropriating authority, if 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, may serve on the statutory undertakers a notice stating that, at the end of the period of twenty-eight days from the date of service of the notice or such longer period as may be specified therein, the right will be extinguished or requiring that, before the end of such period as aforesaid, the apparatus shall be removed.

(2)The statutory undertakers on whom a notice is served under subsection (1) of this section may, before the end of the period of twenty-eight days from the service of the notice, serve a counter-notice on the acquiring or appropriating authority stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

(3)If no counter-notice is served under subsection (2) of this section—

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

(b)if, at the end of the period so specified in relation to any apparatus, any requirement of the notice 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.

(4)If a counter-notice is served under subsection (2) of this section on a F705 planning authority or on statutory undertakers, the authority or undertakers may either withdraw the notice (without prejudice to the service of a further notice) or may apply to the Secretary of State and the appropriate Minister for an order under this section embodying the provisions of the notice, with or without modification.

(5)If a counter-notice is served under subsection (2) of this section on a Minister, he may withdraw the notice (without prejudice to the service of a further notice) or he and the appropriate Minister may make an order under this section embodying the provisions of the notice, with or without modification.

(6)In this section any reference to the appropriation of land for planning purposes shall be construed in accordance with section 122(1) of this Act as if this section were in Part VI of this Act.

[F706(7)In subsection (1) above—

(a)the references in paragraph (a) to a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system; and

(b)the reference in paragraph (b) to apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking shall include a reference to telecommunication apparatus kept installed for the purposes of any such system;

and for the purposes of this subsection, in this section (except, without prejudice to section 35(4) of the Telecommunications Act 1984, in those paragraphs and the words preceding them) and in sections 220, 226(2) and 227 of this Act references to statutory undertakers shall have effect as references to the operator of any such system, references, in relation to such an operator, to the carrying on of his undertaking shall have effect as references to the running of the telecommunications code system in question and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

Textual Amendments

Modifications etc. (not altering text)

C227S. 219 applied (with modifications) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 134, 135 (with s. 128(1))

C229Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

220 Orders under s. 219. S

(1)Where a Minister and the appropriate Minister propose to make an order under section 219(5) of this Act, they shall prepare a draft of the order.

(2)Before making an order under subsection (4) or subsection (5) of section 219 of this Act, the Ministers proposing to make the order—

(a)shall afford to the statutory undertakers on whom notice was served under subsection (1) of that section an opportunity of objecting to the application for, or proposal to make, the order; and

(b)if any objection is made, shall cause an inquiry to be held,

and may then, if they think fit, make the order in accordance with the application or in accordance with the draft order, as the case may be, either with or without modification.

(3)Where an order is made under section 219 of this Act—

(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.

Modifications etc. (not altering text)

C237Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

221 Notice for same purposes as s. 219 but given by statutory undertakers to developing authority. S

(1)Subject to the provisions of this section, where land has been acquired or appropriated as mentioned in section 219(1) of this Act, 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)Where, after the land has been acquired or appropriated as aforesaid, development of the land is begun to be carried out, no notice under this section shall be served later than twenty-one days after the beginning of the development.

(3)Where a notice is served under this section, the authority on whom it is served may, before the end of the period of twenty-eight days from the date of service, serve on the statutory undertakers a counter-notice stating that they object to all or any of the provisions of the notice and specifying the grounds of their objection.

(4)If no counter-notice is served under subsection (3) of this section, the statutory undertakers shall, after the end of the period of twenty-eight days therein mentioned, have the rights claimed in their notice.

(5)If a counter-notice is served under subsection (3) of this section, the statutory undertakers who served the notice under this section may either withdraw it or may apply to the Secretary of State and the appropriate Minister 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 Ministers thereunder, 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.

[F707(7)In subsection (1)(a) above the reference to apparatus vested in or belonging to statutory undertakers shall include a reference to telecommunication apparatus kept installed for the purposes of a telecommunications code system; and, for the purposes of this subsection, in this section references (except in the said subsection (1)(a)) to statutory undertakers shall have effect as references to the operator of any such system and references to the appropriate Minister shall have effect as references to the Secretary of State for Trade and Industry.]

Textual Amendments

Modifications etc. (not altering text)

C243Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

222 Extension or modification of functions of statutory undertakers. S

(1)The powers conferred by this section shall be exercisable where, on a representation made by statutory undertakers, it appears to the Secretary of State and the appropriate Minister 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 F708 planning authority or Minister may be authorised under Part VI of this Act 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) of this section.

(2)The said acts and events are—

(a)the acquisition under Part VI of this Act 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 219 of this Act;

(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) of this subsection;

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

(e)the making of an order under section 49 of this Act in relation to any such land.

(3)The powers conferred by this section shall also be exercisable where, on a representation made by a F708 planning authority or Minister, it appears to the Secretary of State and the appropriate Minister 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 F708 planning authority or Minister making the representation may be authorised under Part VI of this Act to acquire land or in Connection with which the local authority or Minister may compulsorily acquire land under any other enactment.

(4)Where the powers conferred by this section are exercisable, the Secretary of State and the appropriate Minister 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 to secure the services in question, as mentioned in subsection (1)(a) or (3) of this section, or to facilitate the adjustment in question, as mentioned in subsection (1)(b) of this section, as the case may be.

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

(a)for empowering the statutory undertakers to acquire (whether compulsorily or by agreement) any land specified in the order, and 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) of this section, for giving effect to such financial arrangements between the F708 planning authority or Minister 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 Secretary of State and the appropriate Minister to be expedient for the purposes of the order.

Textual Amendments

Modifications etc. (not altering text)

C248Ss. 222—225 amended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), 156(1), Sch. 9 para. 41(3) (with s. 128(1))

C250Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

223 Procedure in relation to orders under s. 222. S

(1)As soon as may be after making such a representation as is mentioned in subsection (1) or subsection (3) of section 222 of this Act—

(a)the statutory undertakers, in a case falling within subsection (1) of that section; or

(b)the F709 planning authority or Minister making the representation, in a case falling within subsection (3) thereof,

shall publish, in such form and manner as may be directed by the Secretary of State and the appropriate Minister, a notice giving such particulars as may be so directed of the matters to which the representation relates, and specifying the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, and shall serve a like notice on any persons appearing from the valuation roll to have an interest in any land to which the representation relates, and shall also, if it is so directed by the Secretary of State and the appropriate Minister, serve a like notice on such persons, or persons of such classes, as may be so directed.

(2)Orders under section 222 of this Act shall be subject to special parliamentary procedure.

Textual Amendments

Modifications etc. (not altering text)

C255Ss. 222—225 amended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), 156(1), Sch. 9 para. 41(3) (with s. 128(1))

C257Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

224 Relief of statutory undertakers from obligations rendered impracticable. S

(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, the appropriate Minister may, if he thinks 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) of this section applies to the following acts and events, that is to say—

(a)the compulsory acquisition under Part VI of this Act 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 222(2)(b) to (e) of this Act.

(3)As soon as may be after making a representation to the appropriate Minister under subsection (1) of this section, the statutory undertakers shall, as may be directed by the appropriate Minister, either publish (in such form and manner as may be so directed) a notice giving such particulars as may be so directed of the matters to which the representation relates, and specify the time (not being less than twenty-eight days) within which, and the manner in which, objections to the making of an order on the representation may be made, or serve such a notice on such persons, or persons of such classes, as may be so directed, or both publish and serve such notices.

(4)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.

(5)Immediately after an order is made under this section by the appropriate Minister, he shall 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 shall serve a like notice—

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

(b)on such other persons (if any) as the appropriate Minister thinks fit.

(6)Subject to subsection (7) of this section, and to the provisions of Part XII of this Act, an order under this section shall become operative, on the date on which the notice required by subsection (5) of this section is first published.

(7)Where in accordance with subsection (4) of this section the order is subject to special parliamentary procedure, subsection (6) of this section shall not apply.

Modifications etc. (not altering text)

C262Ss. 222—225 amended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), 156(1), Sch. 9 para. 41(3) (with s. 128(1))

C264Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

225 Objections to orders under ss. 222 and 224. S

(1)For the purposes of sections 222 and 224 of this Act, an objection to the making of an order thereunder 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 the section under which the order is proposed to be made; 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) of this section and is not withdrawn, the following provisions of this section shall have effect in relation thereto:

Provided that, in the application of those provisions to an order under section 222 of this Act, any reference to the appropriate Minister shall be construed as a reference to the Secretary of State and the appropriate Minister.

(3)Unless the appropriate Minister decides apart from the objection not to make the order, or decides to make a modification which is agreed to by the objector as meeting the objection, the appropriate Minister, before making a final decision, shall consider the grounds of the objection as set out in the statement, and may, if he thinks 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 appropriate Minister, 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 appropriate Minister may treat the objection as irrelevant for the purpose of making a final decision.

(5)If, after considering the grounds of the objection as set out in the original statement and in any such further statement, the appropriate Minister is satisfied that, for the purpose of making a final decision, he is sufficiently informed as to the matters to which the objection relates, or if, where a further statement has been required, it is not submitted within the specified period, the appropriate Minister may make a final decision without further investigation as to those matters.

(6)Subject to subsections (4) and (5) of this section, the appropriate Minister, before making a final decision, shall afford to the objector an opportunity of appearing before, and being heard by, a person appointed for the purpose by the appropriate Minister; and if the objector avails himself of that opportunity, the appropriate Minister shall afford an opportunity of appearing and being heard on the same occasion to the statutory undertakers, F710 planning authority or Minister on whose representation the order is proposed to be made, and to any other persons to whom it appears to the appropriate Minister to be expedient to afford such an opportunity.

(7)Notwithstanding anything in the preceding provisions of this section, if it appears to the appropriate Minister that the matters to which the objection relates are such as to require investigation by public local inquiry before he makes a final decision, he shall cause such an inquiry to be held; and where he determines to cause such an inquiry to be held, any of the requirements of those provisions to which effect has not been given at the time of that determination shall be dispensed with.

(8)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.

Textual Amendments

Modifications etc. (not altering text)

C269Ss. 222—225 amended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), 156(1), Sch. 9 para. 41(3) (with s. 128(1))

C271Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

CompensationS

226 Right to compensation in respect of certain decisions and orders. S

(1)Statutory undertakers shall, subject to the following provisions of this Part of this Act, be entitled to compensation from the F711 planning authority—

(a)in respect of any decision made in accordance with section 214 of this Act whereby 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 given to that expression by section 212(3) of this Act);

(b)in respect of any order under section 42 of this Act, as modified by section 216 thereof, whereby planning permission, granted on the application of those undertakers for the development of any such land, is revoked or modified.

(2)Where, by virtue of section 219 of this Act, any right vested in or belonging to statutory undertakers is extinguished, or 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 works are carried out for the removal or re-siting of statutory undertakers’ apparatus, being works which the undertakers have the right to carry out by virtue of section 221 of this Act or an order of Ministers thereunder, the undertakers shall be entitled to compensation from the acquiring or appropriating authority.

(4)Notwithstanding anything in subsection (1) of this section, if the decision or order in question relates to land acquired by the statutory undertakers after 7th January 1947, and the Secretary of State and the appropriate Minister 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 that decision or order, they may include therein a direction that subsection (1) of this section shall not apply to that decision or order.

(5)For the purposes of this section the conditions referred to in sections 38 and 39 of this Act shall be disregarded F712

Textual Amendments

Modifications etc. (not altering text)

C276Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

227 Measure of compensation to statutory undertakers. S

(1)Where statutory undertakers are entitled to compensation—

(a)as mentioned in subsection (1), (2) or (3) of section 226 of this Act; or

(b)under the provisions of section 159 in respect of an order made under section 49 [F713, 49A or 49B] of this Act as modified by section 217 thereof; or

(c)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 appropriate Minister’s certificate;

the amount of the compensation shall (subject to section 228 of this Act) be an amount calculated in accordance with the following provisions of this section.

(2)The said amount, subject to subsections (3) and (4) of this section, shall be the aggregate of the following amounts, that is to say—

(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 rendered necessary by the proceeding giving rise to compensation;

(b)whichever of the following is applicable, namely—

(i)where such an adjustment is made, the estimated amount of any decrease in net receipts from the carrying on of the undertaking pending the adjustment, in so far as the decrease is directly attributable to the proceeding giving rise to compensation, together with such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking in the period after the adjustment has been completed, in so far as the decrease is directly attributable to the adjustment;

(ii)where no such adjustment is made, such amount as appears reasonable compensation for any estimated decrease in net receipts from the carrying on of the undertaking which is directly attributable to the proceeding giving rise to compensation;

(c)where the compensation is under section 226(2) of this Act, and is in respect of the imposition of a requirement to remove apparatus, the amount of any expenditure reasonably incurred by the statutory undertakers in complying with the requirement, reduced by the value after removal of the apparatus removed.

(3)Where any such adjustment as is mentioned in paragraph (a) of subsection (2) of this section is made, the aggregate amount mentioned in that subsection shall be reduced by such amount (if any) as appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate to offset—

(a)the estimated value of any property (whether moveable or heritable) belonging to the statutory undertakers and used for the carrying on of their undertaking 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 in the period after the adjustment has been completed, in so far as that amount has not been taken into account under paragraph (b) of that subsection and is directly attributable to the adjustment,

and by any further amount which appears to the tribunal referred to in subsection (2) of section 229 of this Act to be appropriate, having regard to any increase in the capital value of heritable property belonging to the statutory undertakers which is directly attributable to the adjustment, allowance being made for any reduction made under paragraph (b) of this subsection.

(4)Where the compensation is under section 226(3) of this Act and the acquiring or appropriating authority carry out the works, then, in addition to any reduction falling to be made under subsection (3) of this section, the aggregate amount mentioned in subsection (2) of this section shall be reduced by the actual cost to the authority of carrying out the works.

(5)References in this section to a decrease in net receipts shall be construed as references to the amount by which a balance of receipts over expenditure is decreased, or a balance of expenditure over receipts is increased, or, where a balance of receipts over expenditure is converted into a balance of expenditure over receipts, as references to the aggregate of the two balances; and references to an increase in net receipts shall be construed accordingly.

(6)In this section—

  • “proceeding giving rise to compensation” means—

    (a)

    except in relation to compensation under section 226(3) of this Act, 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;

    (b)

    in relation to compensation under the said section 226(3), the circumstances making it necessary for the apparatus in question to be removed or re-sited;

  • “the appropriate Minister’s certificate” has the same meaning as in section 218 of this Act.

Textual Amendments

Modifications etc. (not altering text)

C281Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Ss. 214-227 modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

228 Exclusion of s. 227 at option of statutory undertakers. S

(1)Where statutory undertakers are entitled to compensation in respect of such a compulsory acquisition as is mentioned in section 227(1)(c) of this Act, 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 M72Land Compensation (Scotland) Act 1963) which would be applicable apart from section 227 of this Act; and if the undertakers so elect the compensation shall be ascertained accordingly.

(2)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.

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

Modifications etc. (not altering text)

Marginal Citations

229 Procedure for assessing compensation where s. 227 applies. S

(1)Where the amount of any such compensation as is mentioned in subsection (1) of section 227 of this Act falls to be ascertained in accordance with the provisions of that section, the compensation shall, in default of agreement, be assessed by the tribunal referred to in subsection (2) of this section, if apart from this section it would not fall to be so assessed.

(2)The tribunal referred to in this subsection shall consist of four persons, namely—

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

(b)two persons appointed by the Secretary of State 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 appropriate Minister, 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 appropriate Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings.

(3)The Treasury may pay out of moneys 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 referred to in subsection (2) of this section in respect of compensation falling to be ascertained as mentioned in subsection (1) of this section, the provisions of sections 9 and 11 of the M73Land 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 of that Act, for references to the acquiring authority, of references to the person from whom the compensation is claimed.

Modifications etc. (not altering text)

Marginal Citations

[F714229A Application of sections 219 to 229 in relation to regional planning authorities. S

Where a regional planning authority have exercised any power, either under Part VI of this Act or under any other enactment, compulsorily to purchase land, the provisions of sections 219 to 229 of this Act shall apply in relation to that exercise of power as they apply in relation to such an exercise by a district planning authority.]

Textual Amendments

Modifications etc. (not altering text)

Supplementary provisionsS

230 Special provisions as to display of advertisements on operational land. S

(1)The provisions of this Part of this Act specified in subsection (2) of this section do not apply in relation to the display of advertisements on operational land of statutory undertakers.

(2)The said provisions are sections 214 to 217 and 226(1) and (4) of this Act.

Modifications etc. (not altering text)

Part XIIU.K. Validity of Planning Instruments and Decisions and Proceedings Relating Thereto

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

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

(a)a structure plan, a local 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; or

[F715(aa)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; or]

(b)an order under any provision of Part X of this Act, F716 whether before or after the order has been made; or

(c)an order under section 224 of this Act, whether before or after the order has been made; or

(d)any such order as is mentioned in subsection (2) of this section, whether before or after it has been confirmed; or

(e)any such action on the part of the Secretary of State as is mentioned in subsection (3) of this section,

shall not be questioned in any legal proceedings whatsoever.

(2)The orders referred to in subsection (1)(d) of this section are orders of any of the following descriptions, that is to say—

(a)any order under section 42 of this Act or under the provisions of that section as applied by or under any other provision of this Act [F717or as applied under section 181 of the Local Government (Scotland) Act 1973];

(b)any order under section 49 of this Act; [F718or under the provisions of that section as applied by or under any other provision of this Act or as applied under section 181 of the Local Government (Scotland) Act 1973.];

[F719(ba)any order under section 49A of this Act;

(bb)any order under section 49B of this Act;]

(c)any tree preservation order;

(d)any order made in pursuance of section 61(4) of this Act;

(e)

F720(f)any order under Part II of Schedule 10 to this Act.

(3)The action referred to in subsection (1)(e) of this section is action on the part of the Secretary of State of any of the following descriptions, that is to say—

(a)any decision of the Secretary of State on an application F721 referred to him under section 32 of this Act;

(b)any decision of the Secretary of State on an appeal under section 33 of this Act;

F722(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any decision by the Secretary of State to confirm a completion notice under section 41 of this Act;

(e)any decision of the Secretary of State relating to an application for consent under a tree preservation order, or relating to an application for consent under any regulations made in accordance with section 61 of this Act, or relating to any certificate or direction under any such order or regulations, whether it is a decision of the Secretary of State on appeal or a decision on an application referred to him for determination in the first instance;

[F723(ee)any decision of the Secretary of State on an appeal to him under section 63A of this Act against a waste land notice;]

(f)any decision of the Secretary of State on an appeal to him under section 85 F716 of this Act against any enforcement notice;

[F724(g)any decision of the Secretary of State on an appeal under section 91(2) of this Act against the refusal or partial refusal of an application for an established use certificate;]

[F725(h)any decision of the Secretary of State on an appeal to him under section 93 of this Act against a listed building enforcement notice;]

(i)any decision of the Secretary of State to confirm a purchase notice or listed building purchase notice;

(j)any decision of the Secretary of State not to confirm a purchase notice or listed building purchase notice, including any decision not to confirm such a notice in respect of part of the land to which it relates, and including any decision to grant any permission, or give any direction, in lieu of confirming such a notice, either wholly or in part;

(k)any decision of the Secretary of State on an application referred to him under paragraph 4 of Schedule 10 to this Act (being an application for listed building consent for any works) or on an appeal under paragraph [F7267] of that Schedule or section 93 of this Act.

(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) of this section.

Textual Amendments

Modifications etc. (not altering text)

C297S. 231(3)(f) extended (with modifications) by S.I. 1984/995, reg. 2, Sch.

232 Proceedings for questioning validity of structure plans, etc.S

(1)If any person aggrieved by a structure plan or local plan or by any alteration, repeal or replacement of any such plan desires to question the validity of the plan, alteration, repeal or replacement on the ground that it is not within the powers conferred by Part II of this Act, or that any requirement of the said Part II or of any regulations made thereunder has not been complied with in relation to the approval or adoption of the plan, alteration, repeal or replacement, he may, within six weeks from the date of the publication of the first notice of the approval or adoption of the plan, alteration, repeal or replacement required by regulations under section 16(1) of this Act, 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, alteration, repeal or replacement, 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, alteration, repeal or replacement is wholly or to any extent outside the powers conferred by Part II of this Act, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of the said Part II or of any regulations made thereunder, may wholly or in part quash the plan, alteration, repeal or replacement, as the case may be, either generally or in so far as it affects any property of the applicant.

[F727(3)The preceding provisions of this section shall apply, subject to any necessary modifications—

(a)to an order under section 198, F728 under section 203(1)(a) or under section 224 of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the notice therein mentioned there were substituted a reference either, in the case of sections 198, F728 and 203(1)(a), to the notice required by section 204(6) of this Act, or, in the case of section 224, to the notice required by subsection (5) of that section; and

(b)to an order under section 198A, under section 199, F728 under section 201, or under section 203(1)(b) of this Act as they apply to a structure plan, and as if, in subsection (1) of this section, for the reference to the date on which the notice therein mentioned is first published there were substituted a reference to the date on which the notice required by paragraph 6 of Schedule 18 to this Act is first published in accordance with that paragraph.]

[F729(4)Subsections (1) and (2) of this section apply to a simplified planning zone scheme or an alteration of such a scheme as they apply to a structure plan and an alteration of such a plan, with the following modifications—

(a)for the references to Part II of this Act substitute references to Part III of this Act, and

(b)for the reference to regulations under section 16(1) of this Act substitute a reference to regulations under paragraph 12 of Schedule 6A to this Act,

and with any other necessary modifications.]

Textual Amendments

Modifications etc. (not altering text)

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

(1)If any person—

(a)is aggrieved by any order to which this section applies and desires to question the validity of that order, on the grounds that the order is not within the powers of this Act, or 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 to which this section applies and desires to question the validity of that action, on the grounds that the action is not within the powers of this Act, or that any of the relevant requirements have not been complied with in relation to that action,

he may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

(2)Without prejudice to subsection (1) of this section, 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, desire to question the validity of that order or action on any of the grounds mentioned in subsection (1) of this section, the authority may, within six weeks from the date on which the order is confirmed or the action is taken, as the case may be, make an application to the Court of Session under this section.

(3)This section applies to any such order as is mentioned in subsection (2) of section 231 of this Act F730 and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of the said section 231.

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

(a)may by interim order suspend the operation of the order or action, the validity whereof is questioned by the application, 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 a failure to comply with any of the relevant requirements in relation thereto, may quash that order or action:

Provided that paragraph (a) of this subsection shall not apply to applications questioning the validity of tree preservation orders.

(5)In relation to a tree preservation order, or to an order made in pursuance of section 61(4) of this Act, the powers conferred on the Court of Session by subsection (4) of this section 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.

(6)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.

(7)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 M74Tribunals and Inquiries Act 1971 (or any enactment replaced thereby), or of any order, regulations or rules made under this Act or under that Act (or any such enactment), which are applicable to that order or action, and any reference to the authority directly concerned with any order or action to which this section applies is a reference to the F731 planning authority, and, in relation to any such decision as is mentioned in section 231(3)(i) or (j) of this Act, being a decision confirming the notice in question subject to the substitution of another local authority or statutory undertakers for the F731 planning authority, shall be construed as including a reference to that other local authority or those statutory undertakers.

Textual Amendments

Modifications etc. (not altering text)

C302S. 233(1)(b)(2) modified by S.I. 1988/1221, reg. 31

Marginal Citations

234 Appeals to Court of Session against decisions under s. 51.S

(1)If, in the case of any decision to which this section applies, the person who made the application to which the decision relates, or the F732 planning authority, is dissatisfied with the decision in point of law, that person or the F732 planning authority (as the case may be) may, according as rules of court may provide, either appeal against the decision to the Court of Session or require the Secretary of State to state and sign a case for the opinion of the Court of Session.

(2)This section applies to any decision of the Secretary of State—

(a)on an application under section 51 of this Act which is referred to the Secretary of State under the provisions of section 32 of this Act as applied by that section; or

(b)on an appeal from a decision of the F732 planning authority under section 51 of this Act, being an appeal brought under the provisions of section 33 of this Act as so applied.

(3)Where an application under section 51 of this Act is made as part of an application for planning permission, the preceding provisions of this section shall have effect in relation to that application in so far as it is an application under the said section 51, but not in so far as it is an application for planning permission.

(4)In relation to proceedings in the Court of Session brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the Court of Session with respect to—

(a)the giving of any decision which might have been given by the Secretary of State;

(b)the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Secretary of State;

(c)the giving of directions to the Secretary of State.

(5)Without prejudice to the preceding provisions of this section, the power to make rules of court in relation to proceedings in the Court of Session brought by virtue of this section shall include power to make rules providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

Textual Amendments

235 Special provisions as to decisions relating to statutory undertakers.S

In relation to any action which—

(a)apart from the provisions of Part XI of this Act, would fall to be taken by the Secretary of State, and, if so taken, would be action falling within section 231(3) of this Act; but

(b)by virtue of Part XI of this Act, is required to be taken by the Secretary of State and the appropriate Minister,

the provisions of sections 231 and 233 of this Act shall have effect (subject to section 236 of this Act) as if any reference in those provisions to the Secretary of State were a reference to the Secretary of State and the appropriate Minister.

236 Special provisions as to orders subject to special parliamentary procedure.S

(1)Where an order under section 198, F733 201 or 224 of this Act 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 M75Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, the provisions of sections 231 and 232 of this Act shall not apply to the order;

(b)in any other case, section 232 of this Act shall have effect in relation to the order as if, in subsection (1) of that section, for the reference to the date therein mentioned there were substituted a reference to the date on which the order becomes operative under the said Act of 1945.

(2)Where by virtue of Part XI of this Act any such action as is mentioned in section 235 of this Act 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 the said Act of 1945, the provisions of sections 231 and 233 of this Act shall not apply;

(b)in any other case, the provisions of section 233 of this Act shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the date on which the order becomes operative under the said Act of 1945.

Textual Amendments

Marginal Citations

M751945 (9 & 10 Geo. 6 c. 18).

Part XIIIS Financial Provisions

237—239. F734. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Grants for research and educationS

240 Grants for research and education.S

The Secretary of State may, with the consent of the Treasury, 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.

Contributions to certain expenditureS

241 Contributions by Ministers towards compensation paid by local authorities.S

Where compensation is payable by a local authority under this Act in consequence of any decision or order given or made under—

(a)Part III or Part IV of this Act;

(b)sections 84 to 96 of this Act;

(c)the provisions of Part IX of this Act relating to purchase notices;

(d)Schedule 7 to this Act,

then if 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 moneys 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.

242 Contributions by local authorities and statutory undertakers. S

(1)Without prejudice to [F735section 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 [F736regional or islands council] may contribute towards any expenses incurred by a local [F737roads] authority or the Secretary of State in the acquisition of land under Part VI of this Act, or in the construction or improvement of roads on land so acquired, or in connection with any development required in the interests of the proper planning of the [F736region or island area].

(2)Any local authority and any statutory undertakers may contribute towards—

(a)any expenses incurred by a. . . F738 planning authority in or in connection with the carrying out of a survey or the preparation of a structure plan or local plan under Part II of this Act;

(b)any expenses incurred by a. . . F738 planning authority in or in connection with the performance of any of their functions under Part III (except section 25), Part IV, Part V (except [F739sections 91A, 91B, 97] and 99) or Part VI (except section 116) of this Act, under the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices or under Schedule 10 to this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F740

Textual Amendments

Modifications etc. (not altering text)

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

A [F741regional, islands or district] council 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 183 of this Act specifying the grounds mentioned in subsection (2)(d) of that section as, or as one of, the grounds of objection if, in the case of a hereditament, its annual value does not exceed such amount as may be prescribed for the purposes of section 181(4)(a) of this Act.

Textual Amendments

Recovery of compensation etc.S

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

(1)Where an interest in land is compulsorily acquired, or is sold to an authority possessing compulsory purchase powers, and any of the land comprised in the acquisition or sale is land in respect of which a notice to which this section applies is recorded (whether before or after the completion of the acquisition or sale) in respect 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, 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 [F742155(5A)] of this Act) is to be treated as attributable to that land.

(2)This section applies to notices recorded under F743 . . . section 155(5) of this Act.

(3)If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land comprised therein to which a person other than the acquiring authority is entitled, the sum referred to in subsection (1) of this section 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)Where by virtue of the preceding provisions of this section the Secretary of State recovers a sum in respect of any land, by reason that it is land in respect of which a notice is recorded under the provisions of section 147(4) of this Act as applied by section 155 of this Act, section 157(2) and (3) of this Act shall have effect in relation to that sum as if it were a sum recovered as mentioned in section 157(2) of this Act.

Textual Amendments

F744245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

246 Sums recoverable from acquiring authorities reckonable for purposes of grant.S

Where a sum is recoverable from an authority under section 244 F745 . . . of this Act by reference to an acquisition or purchase of an interest in land, and in respect thereof, or of a subsequent appropriation of the land, a grant became or becomes payable to that or some other authority under an enactment, 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.

Textual Amendments

Expenses and receipts of Secretary of StateS

247 Expenses of government departments.S

(1)The following expenses of the Secretary of State shall be paid out of moneys provided by Parliament, that is to say—

(a)any expenses incurred by the Secretary of State under subsection (2) of section 48 of this Act or under that subsection as applied by subsection (7) of section 61 of this Act, or in the payment of expenses of any committee established under the said section 61;

(b)any sums necessary to enable the Secretary of State to make any payments becoming payable by him under [F746section 145] . . . Part VIII of this Act;

(c)any expenses incurred by the Secretary of State under Part X of this Act;

(d)any expenses incurred by the Secretary of State in the making of grants. . . F747 under section 240 of this Act;

(e)subject to the provisions of subsection (4) of section 248 of this Act, any instalment payable by the Secretary of State under subsections (2) and (3) of that section;

(f)any administrative expenses incurred by the Secretary of State for the purposes of this Act.

(2)There shall be paid out of moneys provided by Parliament any expenses incurred by any government department (including the Secretary of State)—

(a)in the acquisition of land under Part VI of this Act;

(b)in the payment of compensation under section 108(4), 226(2) or 266 of this Act;

(c)under section 118(2)(b) of this Act; or

(d)under section 241 of this Act.

Textual Amendments

F746Words “Part VII or” in s. 247(1)(b) omitted and words “section 145” substituted for words “Part VII” (25. 9. 1991, subject to limitations referred to in S.I. 1991/2092, art. 4, Sch. 2, Pt. II) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6), 61, Sch. 12, para. 26, Sch. 13 para.36 (with s. 84(5)); S.I. 1991/2092, art.3

F748248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

249 General provision as to receipts of Secretary of State.S

F749 . . .Subject to the provisions of section 157 of this Act, any sums received by the Secretary of State under any provision of this Act shall be paid into the Consolidated Fund.

Textual Amendments

F749Words in s. 249 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 60(6),84(6), Sch. 12, para. 28, Sch. 19, Pt.IV (with s. 84(5)); S.I. 1991/2092, art.3

Expenses of local authoritiesS

250 Expenses of, and borrowing by, local authorities.S

(1)Any expenses incurred by a local [F750roads] authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall be defrayed in like manner as expenses incurred by the authority on [F750roads].

(2)Any expenses incurred by a local authority under the provisions of this Act specified in Parts I and II of Schedule 19 to this Act in pursuance of a purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority, shall be defrayed in like manner as other expenses incurred by that authority for the purposes of that function.

(3)A local authority may borrow for the purposes of this Act in accordance with the provisions of Part [F751VII] of the M76Local Government (Scotland) Act [F7511973]

(4)Nothing in this section shall authorise the exercise of the power of borrowing money thereby conferred otherwise than in compliance with the provisions of the M77Local Authorities Loans Act 1945 and of any orders for the time being in force made by the Treasury under section 1 of the M78Borrowing (Control and Guarantees) Act 1946.

Textual Amendments

Marginal Citations

Part XIVS Application of Act to Special Cases

MineralsS

251 Power to modify Act in relation to minerals.S

(1)In relation to development consisting of the winning and working of minerals [F752or involving the depositing of mineral waste], the provisions of this Act specified in Parts I and II of Schedule 19 to this Act shall have effect subject to such adaptations and modifications as may be prescribed by regulations made under this Act with the consent of the Treasury.

[F753(1A)In this Act—

  • F754. . .

  • “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.]

(2)Regulations made for the purposes of this section shall be of no effect unless they are approved by resolution of each House of Parliament.

(3)Any regulations made by virtue of subsection (1) of this section shall not apply—

(a)to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes; or

(b)to development consisting of the winning and working of any minerals vested in the [F755British Coal Corporation], being development to which any of the provisions of this Act relating to operational land of statutory undertakers apply by virtue of regulations made under section 259 of this Act; or

(c)to the winning and working of peat by any person for the domestic requirements of that person;

and nothing in subsection (1) of this section or in this subsection shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.

Textual Amendments

[F756251A Reviews of mineral workings by planning authorities.S

(1)Every planning authority shall undertake periodic reviews about the winning and working of minerals, and the depositing of mineral waste, in their area.

(2)Subject to regulations made by virtue of subsection (4) of this section, the duty under this section is, at such intervals as they think fit—

(a)to review every mining site in their area; and

(b)to consider whether they should make an order under section 42, 49, 49A or 49B of this Act, and if they do consider that they should make any such order, to make it.

(3)For the purposes of subsection (2) “a mining site” means a site which—

(a)is being used for the winning and working of minerals or the depositing of mineral waste;

(b)has been so used at any time during—

(i)the period of five years preceding the date of the beginning of the review; or

(ii)such other period preceding that date as may be prescribed; or

(c)is authorised to be so used.

(4)If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.]

Textual Amendments

252 F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Crown landS

253 Exercise of powers in relation to Crown land.S

(1)Notwithstanding any interest of the Crown in Crown land, but subject to the following provisions of this section—

(a)a plan approved, adopted or made under Part II of this Act may include proposals relating to the use of Crown land, and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown;

(b)any restrictions or powers imposed or conferred by Part III, Part IV or Part V of this Act, by the provisions of Part IX of this Act relating to purchase notices and listed building purchase notices, or by any of the provisions of sections 214 to 217 of this Act, shall apply and be exercisable in relation to Crown land, to the extent of any interest therein for the time being held otherwise than by or on behalf of the Crown;

(c)a building which for the time being is Crown land may be included in a list compiled or approved by the Secretary of State under section 52 of this Act.

(2)Except with the consent of the appropriate authority—

(a)no order or notice shall be made or served under any of the provisions of sections 49 [F758, 49A, 49B [F75956J]] 58, 63, [F76083C, 84, 84AB, 87,][F761or 92][F76192 or 97B] of this Act or under any of those provisions as applied by any order or regulations made under Part IV of this Act, in relation to land which for the time being is Crown land;

(b)no interest in land which for the time being is Crown land shall be acquired compulsorily under Part VI of this Act.

(3)No enforcement notice shall be served under section 84 of this Act in respect of development carried out by or on behalf of the Crown after the appointed day on land which was Crown land at the time when the development was carried out.

(4)No listed building enforcement notice shall be served in respect of works executed by or on behalf of the Crown in respect of a building which was Crown land at the time when the works were executed.

(5)No purchase notice or listed building purchase notice shall be served in relation to any interest in Crown land unless an offer has been previously made by the owner of that interest to dispose of it to the appropriate authority on terms that the price payable for it shall be equal to (and shall, in default of agreement, be determined in like manner as) the compensation which would be payable in respect of that interest if it were acquired in pursuance of a purchase notice, and that offer has been refused by the appropriate authority.

(6)The rights conferred by the provisions of sections 181 to 196 of this Act shall be exercisable by a person who (within the meaning of those provisions) is an owner-occupier of a hereditament or agricultural unit which is Crown land, or is a resident owner-occupier of a hereditament which is Crown land, in the same way as they are exercisable in respect of a hereditament or agricultural unit which is not Crown land, and those provisions shall apply accordingly.

(7)In this Part of this Act “Crown land” means land in which there is a Crown interest; “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department; and for the purposes of this section and section 254 of this Act “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, and, 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;

(b)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;

and, 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.

Textual Amendments

F761Words “92 or 97B” substituted (prosp.) for “or 92” by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 37, Sch. 7 Pt. II para. 3

Modifications etc. (not altering text)

254 Agreements relating to Crown land.S

(1)The appropriate authority and the. . . F762 planning authority for the district in which any Crown land is situated may make agreements

[F763(a)]for securing the use of the land, so far as may be prescribed by any such agreement, in conformity with the provisions of the development plan applicable thereto; [F763and

(b)for the purpose of restricting or regulating the development or use of the land,

either permanently or during such period as may be prescribed by the agreement.]and any such agreement may contain such consequential provisions, including provisions of a financial character, as may appear to be necessary or expedient having regard to the purposes of the agreement.

[F764(1A)Subject to subsection (1B) of this section an agreement made under subsection (1)(b) of this section may, if it has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the appropriate authority.

(1B)An agreement made under subsection (1)(b) of this section shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded or, as the case may be, registered as aforesaid or against any person deriving title from such a third party.]

(2)An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

(3)In considering whether to make or approve an agreement under this section relating to land belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, the department and the Treasury shall have regard to the purposes for which the land is held by or for the department.

[F765(4)In this section “planning authority” includes a regional planning authority.]

Textual Amendments

255 Supplementary provisions as to Crown interest.S

[F766(1)Subject to subsection (2) of this section, where there is a Crown interest in any land, the provisions of sections 155 to 157 of this Act, and the provisions of Schedule 22 to this Act in so far as they relate to those sections, shall have effect in relation to any private interest as if the Crown interest were a private interest.]

(2)In this section “private interest” means an interest which is not a Crown interest.

Textual Amendments

. . . F767 planning authoritiesS

Textual Amendments

256 Application to. . . F768planning authorities of provisions as to planning control and enforcement.S

(1)In relation to land of. . . F768 planning authorities, and to the development by local authorities of land in respect of which they are the. . . F768 planning authorities, the provisions of this Act specified in Part III of Schedule 19 to this Act shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

(2)Subject to the provisions of section 37 of this Act, any such regulations may in particular provide for securing—

(a)that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under the said provisions, shall be made to the Secretary of State and not to the. . . F768 planning authority;

(b)that any order or notice authorised to be made or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the. . . F768 planning authority.

(3)Sections 23, 24 and 26(2) and (3) of this Act shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1) of this section, as they apply in relation to applications for planning permission which fall to be determined by the. . . F768 planning authority.

Textual Amendments

[F769257 Application to. . . F770planning authorities of provisions as to listed buildings.S

The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.]

Textual Amendments

Yn ddilys o 18/02/1993

[F771257A Application to planning authorities of provisions as to hazardous substances control.S

(1)The provisions of this Act relating to hazardous substances shall have effect subject to such exceptions and modifications as may be prescribed in relation to hazardous substances consent for planning authorities.

(2)Subject to the provisions of section 56G of this Act, any such regulations may in particular provide for securing—

(a)that any application by such an authority for hazardous substances consent in respect of the presence of a hazardous substance on, over or under such land shall be made to the Secretary of State and not to the planning authority;

(b)that any order or notice authorised to be made, issued or served under those provisions shall be made, issued or served by the Secretary of State and not by the planning authority.]

Textual Amendments

258 Special provisions as to statutory undertakers who are. . . F772planning authorities.S

In relation to statutory undertakers who are. . . F772 planning authorities, section 230 of this Act and the provisions specified in subsection (2) of that section shall have effect subject to such exceptions and modifications as may be prescribed by regulations made under this Act.

Textual Amendments

Special case RegulationsS

259 National Coal Board. S

(1)Regulations made under this Act by the Secretary of State and [F773the Secretary of State for Energy] with the consent of the Treasury may direct that any of the provisions of this Act specified in Part I of Schedule 19 to this Act or of section 212 of this Act being provisions relating to statutory undertakers and to land of such undertakers, shall apply, subject to such adaptations, modifications and exceptions as may be specified in the regulations, in relation to the [F774British Coal Corporation], and in relation to land (including mines) of [F774that Corporation] of any such class as may be specified in the regulations, as if [F774the Corporation] were statutory undertakers and as if land of any class so specified were operational land.

(2)Without prejudice to the generality of subsection (1) of this section, any regulations made thereunder may in particular provide that any compensation payable to the [F774British Coal Corporation] by virtue of any of the provisions applied by the regulations, being compensation which, in the case of statutory undertakers, would be assessable in accordance with the provisions of section 227 of this Act, shall, instead of being assessed in accordance with that section, be assessed in accordance with the provisions of the regulations.

Textual Amendments

F773Words substituted by virtue of S.I. 1974/692, arts. 2(1), 5(3), Sch. 1 Pt. I

Modifications etc. (not altering text)

Part XVS Miscellaneous and Supplementary Provisions

260 Default powers of Secretary of State.S

(1)If it appears to the Secretary of State, after consultation with the. . . F775 planning authority, to be expedient that any order to which this subsection applies should be made, he. . . F776 may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the. . . F775 planning authority and confirmed by the Secretary of State under Part III or IV of this Act [F777or, in the case of a tree preservation order under section 58 of this Act, as if it had been made and confirmed by the planning authority].

(2)Subsection (1) of this section applies to the following orders, that is to say—

(a)orders under section 42 of this Act, or under the provisions of that section as applied by any order or regulations made under Part IV of this Act;

(b)orders under section 49 of this Act;

[F778(ba)orders under section 49A of this Act;

(bb)orders under section 49B of this Act;]

(c)tree preservation orders and orders amending or revoking them.

(3)The provisions of Part III or Part IV of this Act, and of any regulations made thereunder, with respect to the procedure to be followed in connection with the submission by the. . . F775 planning authority of any order to which subsection (1) of this section applies, with respect to the confirmation of such an order by the Secretary of State, and with respect to the service of copies thereof as so confirmed, shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1) of this section, in relation to the making thereof by the Secretary of State, and in relation to the service of copies thereof as so made.

(4)Without prejudice to subsection (3) of this section, where the Secretary of State proposes under subsection (1) of this section to make any such order as is mentioned in subsection (2)(a) or (b) of this section he shall serve a notice of the proposal on the. . . F775 planning authority; and if within such period as may be specified in the notice (not being less than twenty-eight days from the date of service) the authority so require, the Secretary of State before making the order shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(5)If it appears to the Secretary of State, after consultation with the. . . F775 planning authority, to be expedient that—

(a)a completion notice under section 41 of this Act; or

(b). . . F779

(c)an enforcement notice under section 84 of this Act,. . . F776; or

(d)a stop notice under section 87 of this Act; or

(e)a listed building enforcement notice,

should be served in respect of any land, he. . . F776 may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . F775 planning authority:

Provided that, in relation to an enforcement notice under section 84 of this Act or a listed building enforcement notice which is served by the Secretary of State, the provisions of sections 86, 88 and 89, or, as the case may be, of sections 94 and 95 of this Act shall apply as if for any reference therein to the. . . F775 planning authority there were substituted a reference to the Secretary of State.

(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F780

Textual Amendments

F778S. 260(2)(ba)(bb) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36) s. 35, Sch. 2 para. 10

[F781 Interdicts restraining breaches of planning control]S

Textual Amendments

[F782F782260AInterdicts restraining breaches of planning control.S

(1)Whether or not they have exercised or propose to exercise any of their other powers under this Act, a planning authority may seek to restrain or prevent any actual or apprehended breach of any of the controls provided for by or under this Act by means of an application for interdict.

(2)On an application under subsection (1) of this section the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.

(3)In this section “the court” means the Court of Session or the sheriff.]

Textual Amendments

261 F783. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F784262 Designation of conservation areas.S

(1)Every planning authority shall from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F785

(4)The Secretary of State may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

(5)Before making a determination under this section, a planning authority shall consult the planning authority of each district of which any part is included in the area to which the proposed determination relates.

(6)A planning authority shall give notice to the Secretary of State of the designation of any part of their district as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a planning authority of the designation of any part of their district as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

(7)Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority, by that authority or, as the case may be, the Secretary of State.

(8)Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the M79Historic Buildings and Ancient Monuments Act 1953 or the M80Local Authorities (Historic Buildings) Act 1962.

(9)Every planning authority shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a conservation area.]

Textual Amendments

Marginal Citations

262A [F786Control of demolition in conservation areas.S

(1)This section applies to all buildings in conservation areas other than—

(a)listed buildings, and

(b)excepted buildings within the meaning of section 56(2) of this Act, and

(c)buildings in relation to which a direction under subsection (4) below is for the time being in force.

(2)A building to which this section applies shall not be demolished without the consent of the appropriate authority.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F787

(4)The Secretary of State may direct that this section shall not apply to a description of buildings specified in the direction. . . F788.

(5)A direction under subsection (4) above relating to a description of buildings may be given either to an individual planning authority or to planning authorities generally.

(6)The Secretary of State may vary or revoke a direction under subsection (4) above by a further direction under that subsection.

(7)The appropriate authority for the purposes of this section is—

(a)in relation to applications for consent made by planning authorities, the Secretary of State; and

(b)in relation to other applications, the planning authority or the Secretary of State.

(8)The following provisions of this Act, namely—

  • [F789sections 53 to 54D and 56AA]

  • [F789sections 92 to 96]

  • section 161,

  • section 179,

  • [F790sections 231 and 233, section 242]

  • section 253(1)(b) [F790, (4) and (5), section 257],

  • Parts I and II of Schedule 10,

  • Schedule 17 [F790Part IV of Schedule 19],

shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings; but regulations may provide that they shall have effect in relation to buildings to which this section applies subject to such exceptions and modifications as may be prescribed.

(9)Any such regulations may make different provision—

(a)in relation to applications made by planning authorities, and

(b)in relation to other applications.

(10)Any proceedings on or arising out of an application for listed building consent made while this section applies to a building shall lapse when it ceases to apply to it, and any listed building consent granted with respect to the building shall also lapse; but the fact that this section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the building while this section applied to it.]

Textual Amendments

262B [F791Formulation and publication of proposals for preservation and enhancement of conservation areas.S

(1)It shall be the duty of a planning authority to formulate and publish, [F792from time to time] proposals for the preservation and enhancement of any parts of their district which are conservation areas.

(2)Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate; and the planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F793

Textual Amendments

[F794262C National Scenic Areas.S

F795(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F795(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Every planning authority shall compile and make available for inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a [F796Natural Heritage Area under section 6 of the Natural Heritage (Scotland) Act 1991].

(4)Where any area is for the time being designated as a [F797Natural Heritage Area], special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.]

Textual Amendments

F798263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F799264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

265 Rights of entry.S

(1)Any person duly authorised in writing by the Secretary of State or by a. . . F800 planning authority may at any reasonable time enter upon any land for the purpose of surveying it in connection with—

(a)the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

(b)any application under Part III or section [F801F802. . .61] of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or [F803section 61] of this Act or under any such order or regulations;

(c)any proposal by the. . . F800 planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section [F80441]), Part IV [F805other than sections 58 to 60] or [F806sections 92 to 97BC and 101] of this Act, or under any order or regulations made thereunder or any notice under section 105 of this Act.

[F807(1A)Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a)any application for hazardous substances consent;

(b)any proposal to issue a hazardous substances contravention notice.]

(2)Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building [F808on that or any other land] in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 52 of this Act.

[F809(2A)Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

F810(a). . .

(b)of ascertaining whether a stop notice or an enforcement notice is being complied with.]

(3)Any person duly authorised in writing by the Secretary of State or a. . . F800 planning authority may at any reasonable time enter upon any land for the purpose of ascertaining whether, with respect to any building on [F811that or any other land], an offence has been, or is being, committed under section 53 or 94 of, or Schedule 10 to, this Act, or whether the building is being maintained in a proper state of repair.

(4)Any person duly authorised in writing by the Secretary of State, a. . . F800 planning authority or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether—

(a)an offence appears to have been committed under section 55 of this Act; or

(b)any of the functions conferred by section 97 F812. . . of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

[F813(4A)Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.]

(5)Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under F814 . . . this Act in respect of that land or any other land.

(6)Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . F800 planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . F800 planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section [F815163 or] 226(2) or 227(1)(c)).

(7)Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

[F816(7A)Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.]

(8)Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

[F817(9)In subsection (1) (except as regards paragraph (a)) and in subsection (6) of this section “planning authority” includes a regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

266 Supplementary provisions as to rights of entry.S

(1)A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority [F818and state the purpose of his entry] before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2)Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F819level 3 on the standard scale].

(3)If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the [F820land], be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(4)Where any [F821damage is caused to land or moveable property] in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation [F821may be recovered by any person suffering the damage] from the Secretary of State or authority on whose behalf the entry was effected.

(5)The provisions of section 168 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

(6)Where under section 265 of this Act a person proposes to carry out any works authorised by virtue of subsection (8) of that section—

(a)he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section; and

(b)if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Textual Amendments

Modifications etc. (not altering text)

C316Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

S. 266(6)(b) modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

267 Local inquiries. S

(1)Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

(2)The Minister shall appoint a person to hold the inquiry and to report thereon to him.

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

(4)The person appointed to hold the inquiry may, on the motion of any party thereto or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry:

Provided that—

(i)no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii)nothing in this subsection shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5)The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

(6)Any person who refuses or wilfully neglects to attend in obedience to a notice under subsection (4) of this section or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which he may be required to produce by any such notice shall be liable on summary conviction to a fine not exceeding [F822level 2 on the standard scale] or to imprisonment for a period not exceeding three months.

[F823(7)The Minister may make orders as to the expenses incurred—

(a)by the Minister in relation to—

(i)the inquiry;

(ii)arrangements made for an inquiry which does not take place; and

(b)by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A)What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a)there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b)there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B)The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b)expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c)any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d)any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.]

(8)Any order of the Minister under subsection (7) of this section requiring any party to pay expenses may be enforced in like manner as [F824an extract registered decree arbitral bearing a warrant for the execution issued by the sheriff court of any sheriffdom in Scotland].

(9)In this section the expression “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.

Textual Amendments

F822Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289C(4)(5), 289G

Modifications etc. (not altering text)

[F825267A Orders as to expenses of parties where no local inquiry held.S

(1)The Secretary of State has the same power to make orders under section 267(7) above in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

(2)This section applies to proceedings under this Act where the Secretary of State is required before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.]

Textual Amendments

[F826267B Procedure on certain appeals and applications.S

(1)The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the Tribunals and Inquiries Act M811971 apply.

(2)The regulations may in particular make provision as to the procedure to be followed—

(a)where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

(b)where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c)where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3)The regulations may also—

(a)provide for a time limit within which any party to the proceedings must lodge written submissions and any supporting documents;

(b)prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c)empower the Secretary of State to proceed to a decision taking into account only such written submissions and supporting documents as were lodged within the time limit; and

(d)empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written submissions were lodged within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.]

Textual Amendments

Marginal Citations

268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. S

(1)Where the Ministers concerned so direct—

(a)any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

(b)any hearing in connection with—

(i)an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land, or

(ii)such an application made by statutory undertakers and referred to the Secretary of State, or

(iii)the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the M82Private Legislation Procedure (Scotland) Act 1936.

(2)Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M83Statutory Orders (Special Procedure) Act 1945.

(3)Subsections (5) and (6) of section 225 of this Act shall not apply to an order such as is mentioned in subsection (1)(a) above.

(4)Nothing in subsections (2) to (9) of section 267 of this Act shall apply to any inquiry to which subsection (1)(a) above applies.

(5)The provisions of the said Act of 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.

Modifications etc. (not altering text)

Marginal Citations

M831945 (9 and 10 Geo. 6 c. 18.

269 Service of notices.S

(1)Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a)by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b)by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

(c)by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

(d)in the case of a person on whom the notice is required to be served as being a person appearing from the valuation roll to have an interest in land, by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his address as entered in the valuation roll; or

(e)in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2)Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a)being addressed to him either by name or by the description of “the owner”, “the lessee” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) of this section; or

(b)being so addressed, and marked in such manner as may be prescribed by regulations under this Act for securing that it shall be plainly identifiable as a communication of importance, it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3)Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied, the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any lessees and occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

Modifications etc. (not altering text)

[F827270 Power to require information as to interests in land. S

(1)For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

(a)the nature of his interest in the land;

(b)the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise;

(c)details of the purposes for which the land is currently being used.]

[F828(d)the time when that use began;,

(e)the name and address of any person known to the person on whom the notice is served as having used the premises for those purposes;

(f)the time when any activities being carried out on the premises began.]

(2)Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F829level 3 on the standard scale].

(3)Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not execeeding two years or to a fine, or both.

[F830(4)It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.]

Textual Amendments

Modifications etc. (not altering text)

C322S. 270 amended by Refuse Disposal (Amenity) Act 1978 (c. 3), s. 8(4)

S. 270 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

271 Offences by corporations.S

(1)Where an offence under this Act (other than section 55) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)In subsection (1) of this section the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

272 Combined applications.S

(1)Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

(a)an application for planning permission in respect of any development; and

(b)an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2)Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

(3)Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4)An application required to be made to a local authority under an enactment specified in any such regulations shall, if made in accordance with the provisions of the regulations, be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5)Subsection (4) of this section shall have effect without prejudice to—

(a)the validity of any application made in accordance with the enactment in question; or

(b)any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

(6)In this section “application” includes a submission.

[F831(7)The provisions of subsection (1) of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.]

Textual Amendments

273 Regulations and orders.S

(1)The Secretary of State may make regulations under this Act—

(a)for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

(b)for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister; [F832and

(c)for any of the purposes mentioned in section 28 (power to prescribe matters relevant to Part IV) of the M84Land Compensation (Scotland) Act 1963;]

(2)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

(4)The power to make orders under sections 1(3), 18, 19(2)(f), 21, [F83321E,] 53(3) [F83456AA],. . . F835, 181(4)(a), 261 and 279 of this Act shall be exercisable by statutory instrument.

(5)Any statutory instrument which contains a development order or an order under section 1(3), [F83621E, 56AA]. . . F835 or [F837181(4)(a)] of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 20 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7)(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F838

[F839[(9)Any order under section 67, 71(6), 72(4) or 73(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.]]

(10)Any power (exercisable in accordance with section 280(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

Textual Amendments

F836Figures inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 6(b) and s. 50, Sch. 9 Pt. II para. 18(2)(b)

Marginal Citations

274 Act not excluded by special enactments.S

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the Act of 1947, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Modifications etc. (not altering text)

C323S. 274 applied (with modifications) (18.8.1997) by S.I. 1997/1952, art. 15(1)

275 Interpretation.S

(1)In this Act, except in so far as the context otherwise requires and subject to the transitional provisions herein after contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

  • “the M85Act of 1945” means the Town and Country Planning (Scotland) Act 1945;

  • “the M86Act of 1947” means the Town and Country Planning (Scotland) Act 1947;

  • “the M87Act of 1954” means the Town and Country Planning (Scotland) Act 1954;

  • “the M88Act of 1959” means the Town and Country Planning (Scotland) Act 1959;

  • “the M89Act of 1969” means the Town and Country Planning (Scotland) Act 1969;

  • “advertisement” means any word, letter, model, sign, placard, board, notice [F840awning, blind], device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used [F840or designed], or adapted for use [F840and anything else used, or designed or adapted principally for use,], for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

  • [F841“aftercare condition” has the meaning assigned to it by section 27A(2) of this Act;]

  • “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as graZing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

  • “the appointed day” means 1st July 1948;

  • “the appropriate Minister” has the meaning assigned to it by section 213 of this Act;

  • “area of extensive war damage” and “area of bad lay-out or obsolete development” mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development or consisting of Such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;

  • “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:

  • . . . F842

  • “authority to whom Part II of the Act of 1959 applies” means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;

  • [F843“breach of condition notice” has the meaning given in section 87AA of this Act;]

  • [F844“breach of planning control” has the meaning given in section 83A of this Act;]

  • “bridleway” has the same meaning as in section 47 of the M90Countryside (Scotland) Act 1967;

  • “building”. . . F845 includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

  • “building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

  • “building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

  • “caravan site” has the meaning assigned to it by section 1(4) of the M91Caravan Sites and Control of Development Act 1960;

  • “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;

  • “common” includes any town or village green;

  • “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

  • “conservation area” means an area designated under section 262 of this Act;

  • [F846“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;]

  • [F847“contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act;]

  • “development” has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;

  • F848. . .

  • “development order” has the meaning assigned to it by section 21 of this Act;

  • “development plan” (subject to section 18 of, and paragraph 7 of Schedule 4 to, this Act) shall be construed in accordance with section 17 of this Act;

  • “disposal”, except in section 113(7) of this Act, means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;

  • [F849“district planning functions” has the meaning assigned to it by section 172 of the M92Local Government (Scotland) Act 1973;]

  • “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;

  • “enforcement notice” means a notice under section 84 of this Act;

  • “engineering operations” includes the formation or laying out of means of access to [F850roads];

  • [F851“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the M93Local Government, Planning and Land Act 1980;]

  • “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

  • “established use certificate” has the meaning assigned to it by section 90 of this Act;

  • “feu charter” includes a feu contract and any other instrument by which land is feued;

  • “footpath” has the same meaning as in section 47 of the M94Countryside (Scotland) Act 1967;

  • “functions” includes powers and duties;

  • “government department” includes any Minister of the Crown;

  • [F852“hazardous substances consent” means consent required by section 56C of this Act;

  • “hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act;]

  • “heritable security” means—

    (a)

    a heritable security within the meaning of the M95Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition; or

    (b)

    an assignation in security of a lease recorded under the M96Registration of Leases (Scotland) Act 1857;

    and the expression “heritable creditor” shall be construed accordingly;

  • [F853“improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F854

  • . . . F855

  • “land” includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;

  • “Lands Tribunal” means Lands Tribunal for Scotland;

  • . . . F855

  • “lease” includes a sub-lease, but does not include an option to take a lease;

  • “listed building” has the meaning assigned to it by section 52(7) of this Act;

  • “listed building consent” has the meaning assigned to it by section 53(2) of this Act;

  • “listed building enforcement notice” has the meaning assigned to it by section 92 of this Act;

  • “listed building purchase notice” has the meaning assigned to it by section 179 of this Act;

  • [F856“local authority” means a regional, islands or district council;]

  • [F857“local roads authority” has the same meaning as in Roads (Scotland) Act 1984;]

  • “. . . F858 planning authority” has the meaning assigned to it by [F859section 172 of the M97Local Government (Scotland) Act 1973];

  • “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a [F860road];

  • F861. . .

  • “mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act;

  • “minerals” includes all [F862substances]of a kind ordinarily worked for removal by underground or surface working;

  • “Minister” means any Minister of the Crown or other government department;

  • [F863“National Scenic Area” has the meaning assigned to it by section 262C of this Act.]

F864 . . .

  • “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

  • “operational land” has the meaning assigned to it by section 211 of this Act;

  • “owner”, in relation to any land, includes (except in sections 24 and 26 of this Act) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds three years;

  • [F865“planning contravention notice” has the meaning given in section 83C of this Act;]

  • “planning decision” means a decision made on an application under Part III of this Act;

  • “planning permission” means permission under Part III of this Act, F866. . .;

  • “planning permission granted for a limited period” has the meaning assigned to it by section 27(2) of this Act;

  • “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

F864 . . .

  • “purchase notice” has the meaning assigned to it by section 169 of this Act;

  • F867. . .

  • “relocation of population or industry”, in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;

  • “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

  • [F868“restoration condition” has the meaning assigned to it by section 27A(2) of this Act;]

  • F867. . .

  • [F869“road” has the same meaning as in the Roads (Scotland) Act 1984;]

  • [F870“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act;]

  • F867. . .

  • “the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the M98Criminal Procedure (Scotland) Act 1975;

  • . . . F871

  • “statutory undertakers” means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of. . . F872,. . . F873, hydraulic power or water, and “statutory undertaking” shall be construed accordingly;

  • [F874“steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act]

  • “stop notice” has the meaning assigned to it by section 87 of this Act;

  • [F875“suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act;]

  • “tree preservation order” has the meaning assigned to it by section 58 of this Act;

  • [F876“urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act M991980;]

  • “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;

  • “Valuation Office” means the Valuation Office of the Inland Revenue Department;

  • “war damage” has the same meaning as in the M100War Damage Act 1943.

  • [F877“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.]

(2)If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(3)Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(4)With respect to references in this Act to planning decisions—

(a)in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

(b)in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the. . . F858 planning authority and not to the decision of the Secretary of State on the appeal;

(c)in relation to a decision given on an appeal in the circumstances mentioned in section 34 of this Act, such references shall be construed as references to the decision so given;

(d)the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the. . . F858 planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 34 of this Act, the time when in accordance with that section notification of a decision of the. . . F858 planning authority is deemed to have been received.

(5)Subject to section 40(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

(6)Any reference in this Act to an assignation in security shall be construed as including a reference to anex facie absolute assignation qualified as a security by a collateral agreement.

(7)In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feu-duty and ground annual.

(8)Any reference in this Act to thedominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

(9)References in this Act to any of the provisions in Part III or IV of Schedule 19 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 256 or 257 of this Act.

(10)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F853Definition substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(21)(b) (with s. 128(1))

F857Definition substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(21)(c) (with s. 188(1))

Modifications etc. (not altering text)

C326Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Marginal Citations

M991980 c.65(123:1, 2).

276 Consequential amendments.S

(1)Subject to section 18 of this Act, the enactments specified in Schedule 21 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

(2)References in any Act to the acquisition of land under Part III of the Act of 1947 or to land acquired thereunder (including references which, by Schedule 12 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under Part VI of this Act and to land acquired thereunder.

277 Transitional provisions, savings and repeals.S

(1)The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

(2)Subject to the provisions of that Schedule, the enactments specified in Schedule 23 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)The inclusion in this Act of any express savings, transitional provision or amendment shall not be taken as prejudicing the operation of [F878sections 16(1) and 17(2)(a) of the M101Interpretation Act 1978] (which relate to the effect of repeals).

Textual Amendments

F878Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

278 General vesting declarations. S

(1)Schedule 24 to this Act shall have effect for the purpose of enabling any authority to whom this section applies to vest in themselves by a declaration land which they are authorised by a compulsory purchase order to acquire and, with respect to the effect of such a declaration, the payment and recovery of sums in respect of compensation for the acquisition of land so vested and other matters connected therewith.

(2)This section applies to any Minister or local or other public authority authorised to acquire land by means of a compulsory purchase order, and any such authority is in the said Schedule 24 referred to as an acquiring authority.

(3)This section shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before 8th December 1969.

Modifications etc. (not altering text)

C329S. 278 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3)

279 Commencement of certain provisions.S

(1)The provisions of this Act referred to in subsection (2) of this section shall come into operation on a day appointed by an order made by the Secretary of State.

(2)The provisions of this Act referred to in this subsection are sections 58(5) and 59(1) to (3) of this Act and Schedule 7 to this Act.

(3)Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(4)No order under this section relating to Schedule 7 to this Act shall be made unless a draft of the order has been approved by both Houses of Parliament.

(5)Any reference in this Act to the commencement of any provision referred to in subsection (2) of this section shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provisions of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7)The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a)as to the provisions which have come, or are to be brought into operation or have been, or are to be, repealed, and on which date and in relation to which areas; and

(b)as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8)The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at reasonable hours.

Modifications etc. (not altering text)

C332Power of appointment conferred by s. 279(1) fully exercised: S.I. 1975/1203, 1976/464

280 Commencement.S

(1)Except as provided in sections 18 and 279 of this Act and subject to the following provisions of this section, this Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed; and the date of coming into operation of this Act as aforesaid is in this section referred to as “the commencement date”.

(2)The following provisions of this Act, that is to say—

(a)sections 71 to 83 and 174, this section and paragraphs 24 and 25 of Schedule 22,

(b)sections 253(1)(b), 269, 271, 273 and 275 so far as they relate to any of the provisions of sections 71 to 83 and 174 or anything done or to be done under any such provision,

(c)Schedule 23 so far as it relates to the repeal of Part I of the M102Control of Office and Industrial Development Act 1965,

(d)any provisions which confer any power to make regulations or orders, or which (whether expressly or as construed in accordance with [F879section 14 of the M103Interpretation Act 1978] confer any power to revoke or vary any regulations or orders, and

(e)any provisions relating to the exercise of any such power,

shall come into operation on the passing of this Act; but no regulations or order shall be made under this Act so as to come into operation before the commencement date other than any regulations or order made under any of the provisions of sections 71 to 83 of this Act.

(3)In subsection (2) of this section the reference to provisions of this Act relating to the exercise of any such power as is therein mentioned includes a reference to any provisions of this Act whereby statutory instruments containing regulations or an order are subject to annulment in pursuance of a resolution of either House of Parliament, or whereby any regulations or order or any provisions thereof require the approval of each of those Houses.

(4)Any reference in this Act to the commencement of this Act is a reference to the coming into operation of so much of this Act as comes into operation on the commencement date, and any reference to the date of the commencement of this Act is a reference to that date; and if any Act passed after the passing of this Act refers to the commencement of this Act, subsections (2) and (3) of this section and section 18 of this Act shall be disregarded for the purpose of construing that reference in accordance with section 36 of the M104Interpretation Act 1889 (which relates to the meaning of “commencement” with reference to an Act).

(5)The preceding provisions of this section shall have effect without prejudice to the generality of [F879section 13 of the M105Interpretation Act 1978] (which relates to the exercise of statutory powers between the passing and the commencement of an Act).

Textual Amendments

F879Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C333Reference in s. 280(4) to “section 36 of the Interpretation Act 1889” to be construed as reference to Interpretation Act 1978 (c. 30), ss. 4(a), 23(1), Sch. 1 (entry relating to Commencement): Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

281 Citations and extent.S

(1)This Act may be cited as the Town and Country Planning (Scotland) Act 1972.

(2)The M106Town and Country Planning (Amendment) Act 1972 and this Act may be cited together as the Town and Country Planning (Scotland) Acts 1972.

(3)This Act, except so far as it provides for Joint Planning Inquiry Commissions. . . F880, extends to Scotland only.

Textual Amendments

Marginal Citations

Textual Amendments

[F884 Interdicts restraining breaches of planning control]S

Textual Amendments

261 F783. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

[F784262 Designation of conservation areas.S

(1)Every planning authority shall from time to time determine which parts of their district are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F785

(4)The Secretary of State may from time to time, after consultation with a planning authority, determine that any part of the authority’s district which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

(5)Before making a determination under this section, a planning authority shall consult the planning authority of each district of which any part is included in the area to which the proposed determination relates.

(6)A planning authority shall give notice to the Secretary of State of the designation of any part of their district as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a planning authority of the designation of any part of their district as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

(7)Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the Edinburgh Gazette and in at least one newspaper circulating in the district of the planning authority, by that authority or, as the case may be, the Secretary of State.

(8)Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the M79Historic Buildings and Ancient Monuments Act 1953 or the M80Local Authorities (Historic Buildings) Act 1962.

(9)Every planning authority shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a conservation area.]

Textual Amendments

Marginal Citations

262A [F786Control of demolition in conservation areas.S

(1)This section applies to all buildings in conservation areas other than—

(a)listed buildings, and

(b)excepted buildings within the meaning of section 56(2) of this Act, and

(c)buildings in relation to which a direction under subsection (4) below is for the time being in force.

(2)A building to which this section applies shall not be demolished without the consent of the appropriate authority.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F787

(4)The Secretary of State may direct that this section shall not apply to a description of buildings specified in the direction. . . F788.

(5)A direction under subsection (4) above relating to a description of buildings may be given either to an individual planning authority or to planning authorities generally.

(6)The Secretary of State may vary or revoke a direction under subsection (4) above by a further direction under that subsection.

(7)The appropriate authority for the purposes of this section is—

(a)in relation to applications for consent made by planning authorities, the Secretary of State; and

(b)in relation to other applications, the planning authority or the Secretary of State.

(8)The following provisions of this Act, namely—

  • [F789sections 53 to 54D and 56AA]

  • [F789sections 92 to 96]

  • section 161,

  • section 179,

  • [F790sections 231 and 233, section 242]

  • section 253(1)(b) [F790, (4) and (5), section 257],

  • Parts I and II of Schedule 10,

  • Schedule 17 [F790Part IV of Schedule 19],

shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings; but regulations may provide that they shall have effect in relation to buildings to which this section applies subject to such exceptions and modifications as may be prescribed.

(9)Any such regulations may make different provision—

(a)in relation to applications made by planning authorities, and

(b)in relation to other applications.

(10)Any proceedings on or arising out of an application for listed building consent made while this section applies to a building shall lapse when it ceases to apply to it, and any listed building consent granted with respect to the building shall also lapse; but the fact that this section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the building while this section applied to it.]

Textual Amendments

262B [F791Formulation and publication of proposals for preservation and enhancement of conservation areas.S

(1)It shall be the duty of a planning authority to formulate and publish, [F792from time to time] proposals for the preservation and enhancement of any parts of their district which are conservation areas.

(2)Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate; and the planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F793

Textual Amendments

[F794262C National Scenic Areas.S

F795(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F795(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Every planning authority shall compile and make available for inspection free of charge at reasonable hours and at a convenient place a list containing such particulars as the Secretary of State may determine of any area in their district which has been designated as a [F796Natural Heritage Area under section 6 of the Natural Heritage (Scotland) Act 1991].

(4)Where any area is for the time being designated as a [F797Natural Heritage Area], special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.]

Textual Amendments

F798263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F799264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

265 Rights of entry.S

(1)Any person duly authorised in writing by the Secretary of State or by a. . . F800 planning authority may at any reasonable time enter upon any land for the purpose of surveying it in connection with—

(a)the preparation, approval, adoption, making or amendment of a structure plan or local plan relating to the land under Part II of this Act, including the carrying out of any survey under that Part;

(b)any application under Part III or section [F801F802. . .61] of this Act, or under any order or regulations made thereunder, for any permission, consent or determination to be given or made in connection with that land or any other land under Part III or [F803section 61] of this Act or under any such order or regulations;

(c)any proposal by the. . . F800 planning authority or by the Secretary of State to make or serve any order or notice under Part III (other than section [F80441]), Part IV [F805other than sections 58 to 60] or [F806sections 92 to 97BC and 101] of this Act, or under any order or regulations made thereunder or any notice under section 105 of this Act.

[F807(1A)Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a)any application for hazardous substances consent;

(b)any proposal to issue a hazardous substances contravention notice.]

(2)Any person duly authorised in writing by the Secretary of State may at any reasonable time enter upon any land for the purpose of surveying any building [F808on that or any other land] in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 52 of this Act.

[F809(2A)Any person duly authorised in writing by the Secretary of State or the planning authority may at any reasonable time enter upon any land for the purpose—

F810(a). . .

(b)of ascertaining whether a stop notice or an enforcement notice is being complied with.]

(3)Any person duly authorised in writing by the Secretary of State or a. . . F800 planning authority may at any reasonable time enter upon any land for the purpose of ascertaining whether, with respect to any building on [F811that or any other land], an offence has been, or is being, committed under section 53 or 94 of, or Schedule 10 to, this Act, or whether the building is being maintained in a proper state of repair.

(4)Any person duly authorised in writing by the Secretary of State, a. . . F800 planning authority or a local authority may at any reasonable time enter upon any land for the purpose of ascertaining whether—

(a)an offence appears to have been committed under section 55 of this Act; or

(b)any of the functions conferred by section 97 F812. . . of this Act should or may be exercised in connection with the land,

or for the purpose of exercising any of those functions in connection with the land.

[F813(4A)Any person duly authorised in writing by the Secretary of State or by a planning authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 56L of this Act.]

(5)Any person, being an officer of the Valuation Office or a person duly authorised in writing by the Secretary of State, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation under F814 . . . this Act in respect of that land or any other land.

(6)Any person, being an officer of the Valuation Office or a person duly authorised in writing by a. . . F800 planning authority, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land, being compensation payable by the. . . F800 planning authority under Part VIII of this Act (other than section 164), under section 201(5) of this Act or under Part XI of this Act (other than section [F815163 or] 226(2) or 227(1)(c)).

(7)Any person, being an officer of the Valuation Office or a person duly authorised in writing by a local authority or Minister authorised to acquire land under section 102 or 103 of this Act, and any person duly authorised in writing by a local authority having power to acquire land under Part VI of this Act, may at any reasonable time enter upon any land for the purpose of surveying it, or estimating its value, in connection with any proposal to acquire that land or any other land, or in connection with any claim for compensation in respect of any such acquisition.

[F816(7A)Any person duly authorised in writing by the Secretary of State or a planning authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been served for the purpose of ascertaining whether the notice has been complied with.]

(8)Subject to the provisions of section 266 of this Act, any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.

[F817(9)In subsection (1) (except as regards paragraph (a)) and in subsection (6) of this section “planning authority” includes a regional planning authority.]

Textual Amendments

Modifications etc. (not altering text)

266 Supplementary provisions as to rights of entry.S

(1)A person authorised under section 265 of this Act to enter upon any land shall, if so required, produce evidence of his authority [F818and state the purpose of his entry] before so entering, and shall not demand admission as of right to any land which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2)Any person who wilfully obstructs a person acting in the exercise of his powers under section 265 of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F819level 3 on the standard scale].

(3)If any person who, in compliance with the provisions of section 265 of this Act, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, he shall, unless the disclosure is made in the course of performing his duty in connection with the purpose for which he was authorised to enter the [F820land], be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or a fine, or both.

(4)Where any [F821damage is caused to land or moveable property] in the exercise of a right of entry conferred under section 265 of this Act, or in the making of any survey for the purpose of which any such right of entry has been so conferred, compensation [F821may be recovered by any person suffering the damage] from the Secretary of State or authority on whose behalf the entry was effected.

(5)The provisions of section 168 of this Act shall apply in relation to compensation under subsection (4) of this section as they apply in relation to compensation under Part VIII of this Act.

(6)Where under section 265 of this Act a person proposes to carry out any works authorised by virtue of subsection (8) of that section—

(a)he shall not carry out those works unless notice of his intention to do so was included in the notice required by subsection (1) of this section; and

(b)if the land in question is held by statutory undertakers, and those undertakers object to the proposed works on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking, the works shall not be carried out except with the authority of the appropriate Minister.

Textual Amendments

Modifications etc. (not altering text)

C316Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

S. 266(6)(b) modified (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(10)(d); S.I. 1996/218, art. 2

267 Local inquiries. S

(1)Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.

(2)The Minister shall appoint a person to hold the inquiry and to report thereon to him.

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

(4)The person appointed to hold the inquiry may, on the motion of any party thereto or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry:

Provided that—

(i)no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii)nothing in this subsection shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5)The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.

(6)Any person who refuses or wilfully neglects to attend in obedience to a notice under subsection (4) of this section or to give evidence or who wilfully alters, suppresses, conceals, destroys, or refuses to produce, any book or document which he may be required to produce by any such notice shall be liable on summary conviction to a fine not exceeding [F822level 2 on the standard scale] or to imprisonment for a period not exceeding three months.

[F823(7)The Minister may make orders as to the expenses incurred—

(a)by the Minister in relation to—

(i)the inquiry;

(ii)arrangements made for an inquiry which does not take place; and

(b)by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A)What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a)there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b)there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B)The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a)the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b)expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c)any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d)any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.]

(8)Any order of the Minister under subsection (7) of this section requiring any party to pay expenses may be enforced in like manner as [F824an extract registered decree arbitral bearing a warrant for the execution issued by the sheriff court of any sheriffdom in Scotland].

(9)In this section the expression “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.

Textual Amendments

F822Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289C(4)(5), 289G

Modifications etc. (not altering text)

[F825267A Orders as to expenses of parties where no local inquiry held.S

(1)The Secretary of State has the same power to make orders under section 267(7) above in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.

(2)This section applies to proceedings under this Act where the Secretary of State is required before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him.]

Textual Amendments

[F826267B Procedure on certain appeals and applications.S

(1)The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the Tribunals and Inquiries Act M811971 apply.

(2)The regulations may in particular make provision as to the procedure to be followed—

(a)where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

(b)where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

(c)where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

(3)The regulations may also—

(a)provide for a time limit within which any party to the proceedings must lodge written submissions and any supporting documents;

(b)prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

(c)empower the Secretary of State to proceed to a decision taking into account only such written submissions and supporting documents as were lodged within the time limit; and

(d)empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written submissions were lodged within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.]

Textual Amendments

Marginal Citations

268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. S

(1)Where the Ministers concerned so direct—

(a)any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

(b)any hearing in connection with—

(i)an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land, or

(ii)such an application made by statutory undertakers and referred to the Secretary of State, or

(iii)the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the M82Private Legislation Procedure (Scotland) Act 1936.

(2)Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M83Statutory Orders (Special Procedure) Act 1945.

(3)Subsections (5) and (6) of section 225 of this Act shall not apply to an order such as is mentioned in subsection (1)(a) above.

(4)Nothing in subsections (2) to (9) of section 267 of this Act shall apply to any inquiry to which subsection (1)(a) above applies.

(5)The provisions of the said Act of 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.

Modifications etc. (not altering text)

Marginal Citations

M831945 (9 and 10 Geo. 6 c. 18.

269 Service of notices.S

(1)Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given either—

(a)by delivering it to the person on whom it is to be served or to whom it is to be given; or

(b)by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address; or

(c)by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or

(d)in the case of a person on whom the notice is required to be served as being a person appearing from the valuation roll to have an interest in land, by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his address as entered in the valuation roll; or

(e)in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2)Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a)being addressed to him either by name or by the description of “the owner”, “the lessee” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) of this section; or

(b)being so addressed, and marked in such manner as may be prescribed by regulations under this Act for securing that it shall be plainly identifiable as a communication of importance, it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3)Where the notice or other document is required to be served on or given to all persons having interests in, or being occupiers of, premises comprised in any land, and it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied, the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any lessees and occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

Modifications etc. (not altering text)

[F827270 Power to require information as to interests in land. S

(1)For the purpose of enabling any order to be made or any notice or other document to be served by them under the provisions of this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing within a specified period, which shall not be less than twenty-one days from the service of the requirement on him, any of the following information—

(a)the nature of his interest in the land;

(b)the name and address of any other person known to him as having an interest in the land, whether as superior, owner, heritable creditor, lessee or otherwise;

(c)details of the purposes for which the land is currently being used.]

[F828(d)the time when that use began;,

(e)the name and address of any person known to the person on whom the notice is served as having used the premises for those purposes;

(f)the time when any activities being carried out on the premises began.]

(2)Any person who, having been required in pursuance of this section to give any information, fails to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F829level 3 on the standard scale].

(3)Any person who, having been so required to give any information, knowingly makes any misstatement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not execeeding two years or to a fine, or both.

[F830(4)It shall be a defence in any proceedings under subsection (2) of this section that the accused did not know, and had no reasonable cause to know the information required of him.]

Textual Amendments

Modifications etc. (not altering text)

C322S. 270 amended by Refuse Disposal (Amenity) Act 1978 (c. 3), s. 8(4)

S. 270 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg. 2, Sch.

271 Offences by corporations.S

(1)Where an offence under this Act (other than section 55) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)In subsection (1) of this section the expression “director”, in relation to any body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.

272 Combined applications.S

(1)Regulations made under this Act may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed by the regulations, of—

(a)an application for planning permission in respect of any development; and

(b)an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2)Before making any regulations under this section, the Secretary of State shall consult with such local authorities or associations of local authorities as appear to him to be concerned.

(3)Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4)An application required to be made to a local authority under an enactment specified in any such regulations shall, if made in accordance with the provisions of the regulations, be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5)Subsection (4) of this section shall have effect without prejudice to—

(a)the validity of any application made in accordance with the enactment in question; or

(b)any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

(6)In this section “application” includes a submission.

[F831(7)The provisions of subsection (1) of this section shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission.]

Textual Amendments

273 Regulations and orders.S

(1)The Secretary of State may make regulations under this Act—

(a)for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority;

(b)for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister; [F832and

(c)for any of the purposes mentioned in section 28 (power to prescribe matters relevant to Part IV) of the M84Land Compensation (Scotland) Act 1963;]

(2)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument; and any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any power conferred by any of the provisions of this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

(4)The power to make orders under sections 1(3), 18, 19(2)(f), 21, [F83321E,] 53(3) [F83456AA],. . . F835, 181(4)(a), 261 and 279 of this Act shall be exercisable by statutory instrument.

(5)Any statutory instrument which contains a development order or an order under section 1(3), [F83621E, 56AA]. . . F835 or [F837181(4)(a)] of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Without prejudice to subsection (5) of this section, where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than any of the enactments specified in Schedule 20 to this Act) the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7)(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F838

[F839[(9)Any order under section 67, 71(6), 72(4) or 73(8) of this Act may contain such supplementary and incidental provisions as may appear to the Secretary of State to be appropriate.]]

(10)Any power (exercisable in accordance with section 280(2) of this Act) to make regulations or orders under this Act before the date of the commencement of this Act shall include power, by any regulations or order so made, to revoke any regulations or order made under any of the enactments which, as from that date, are repealed by this Act or having effect by virtue of any of those enactments as if made thereunder.

Textual Amendments

F836Figures inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 26(3), Sch. 6 Pt. IV para. 6(b) and s. 50, Sch. 9 Pt. II para. 18(2)(b)

Marginal Citations

274 Act not excluded by special enactments.S

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the Act of 1947, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Modifications etc. (not altering text)

C323S. 274 applied (with modifications) (18.8.1997) by S.I. 1997/1952, art. 15(1)

275 Interpretation.S

(1)In this Act, except in so far as the context otherwise requires and subject to the transitional provisions herein after contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

  • “the M85Act of 1945” means the Town and Country Planning (Scotland) Act 1945;

  • “the M86Act of 1947” means the Town and Country Planning (Scotland) Act 1947;

  • “the M87Act of 1954” means the Town and Country Planning (Scotland) Act 1954;

  • “the M88Act of 1959” means the Town and Country Planning (Scotland) Act 1959;

  • “the M89Act of 1969” means the Town and Country Planning (Scotland) Act 1969;

  • “advertisement” means any word, letter, model, sign, placard, board, notice [F840awning, blind], device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used [F840or designed], or adapted for use [F840and anything else used, or designed or adapted principally for use,], for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

  • [F841“aftercare condition” has the meaning assigned to it by section 27A(2) of this Act;]

  • “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as graZing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

  • “the appointed day” means 1st July 1948;

  • “the appropriate Minister” has the meaning assigned to it by section 213 of this Act;

  • “area of extensive war damage” and “area of bad lay-out or obsolete development” mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development or consisting of Such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;

  • “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:

  • . . . F842

  • “authority to whom Part II of the Act of 1959 applies” means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;

  • [F843“breach of condition notice” has the meaning given in section 87AA of this Act;]

  • [F844“breach of planning control” has the meaning given in section 83A of this Act;]

  • “bridleway” has the same meaning as in section 47 of the M90Countryside (Scotland) Act 1967;

  • “building”. . . F845 includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

  • “building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

  • “building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

  • “caravan site” has the meaning assigned to it by section 1(4) of the M91Caravan Sites and Control of Development Act 1960;

  • “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;

  • “common” includes any town or village green;

  • “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

  • “conservation area” means an area designated under section 262 of this Act;

  • [F846“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;]

  • [F847“contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act;]

  • “development” has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;

  • F848. . .

  • “development order” has the meaning assigned to it by section 21 of this Act;

  • “development plan” (subject to section 18 of, and paragraph 7 of Schedule 4 to, this Act) shall be construed in accordance with section 17 of this Act;

  • “disposal”, except in section 113(7) of this Act, means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;

  • [F849“district planning functions” has the meaning assigned to it by section 172 of the M92Local Government (Scotland) Act 1973;]

  • “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;

  • “enforcement notice” means a notice under section 84 of this Act;

  • “engineering operations” includes the formation or laying out of means of access to [F850roads];

  • [F851“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the M93Local Government, Planning and Land Act 1980;]

  • “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

  • “established use certificate” has the meaning assigned to it by section 90 of this Act;

  • “feu charter” includes a feu contract and any other instrument by which land is feued;

  • “footpath” has the same meaning as in section 47 of the M94Countryside (Scotland) Act 1967;

  • “functions” includes powers and duties;

  • “government department” includes any Minister of the Crown;

  • [F852“hazardous substances consent” means consent required by section 56C of this Act;

  • “hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act;]

  • “heritable security” means—

    (a)

    a heritable security within the meaning of the M95Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition; or

    (b)

    an assignation in security of a lease recorded under the M96Registration of Leases (Scotland) Act 1857;

    and the expression “heritable creditor” shall be construed accordingly;

  • [F853“improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F854

  • . . . F855

  • “land” includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;

  • “Lands Tribunal” means Lands Tribunal for Scotland;

  • . . . F855

  • “lease” includes a sub-lease, but does not include an option to take a lease;

  • “listed building” has the meaning assigned to it by section 52(7) of this Act;

  • “listed building consent” has the meaning assigned to it by section 53(2) of this Act;

  • “listed building enforcement notice” has the meaning assigned to it by section 92 of this Act;

  • “listed building purchase notice” has the meaning assigned to it by section 179 of this Act;

  • [F856“local authority” means a regional, islands or district council;]

  • [F857“local roads authority” has the same meaning as in Roads (Scotland) Act 1984;]

  • “. . . F858 planning authority” has the meaning assigned to it by [F859section 172 of the M97Local Government (Scotland) Act 1973];

  • “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a [F860road];

  • F861. . .

  • “mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act;

  • “minerals” includes all [F862substances]of a kind ordinarily worked for removal by underground or surface working;

  • “Minister” means any Minister of the Crown or other government department;

  • [F863“National Scenic Area” has the meaning assigned to it by section 262C of this Act.]

F864 . . .

  • “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

  • “operational land” has the meaning assigned to it by section 211 of this Act;

  • “owner”, in relation to any land, includes (except in sections 24 and 26 of this Act) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds three years;

  • [F865“planning contravention notice” has the meaning given in section 83C of this Act;]

  • “planning decision” means a decision made on an application under Part III of this Act;

  • “planning permission” means permission under Part III of this Act, F866. . .;

  • “planning permission granted for a limited period” has the meaning assigned to it by section 27(2) of this Act;

  • “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

F864 . . .

  • “purchase notice” has the meaning assigned to it by section 169 of this Act;

  • F867. . .

  • “relocation of population or industry”, in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;

  • “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

  • [F868“restoration condition” has the meaning assigned to it by section 27A(2) of this Act;]

  • F867. . .

  • [F869“road” has the same meaning as in the Roads (Scotland) Act 1984;]

  • [F870“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act;]

  • F867. . .

  • “the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the M98Criminal Procedure (Scotland) Act 1975;

  • . . . F871

  • “statutory undertakers” means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of. . . F872,. . . F873, hydraulic power or water, and “statutory undertaking” shall be construed accordingly;

  • [F874“steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act]

  • “stop notice” has the meaning assigned to it by section 87 of this Act;

  • [F875“suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act;]

  • “tree preservation order” has the meaning assigned to it by section 58 of this Act;

  • [F876“urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act M991980;]

  • “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;

  • “Valuation Office” means the Valuation Office of the Inland Revenue Department;

  • “war damage” has the same meaning as in the M100War Damage Act 1943.

  • [F877“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.]

(2)If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(3)Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(4)With respect to references in this Act to planning decisions—

(a)in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

(b)in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the. . . F858 planning authority and not to the decision of the Secretary of State on the appeal;

(c)in relation to a decision given on an appeal in the circumstances mentioned in section 34 of this Act, such references shall be construed as references to the decision so given;

(d)the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the. . . F858 planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 34 of this Act, the time when in accordance with that section notification of a decision of the. . . F858 planning authority is deemed to have been received.

(5)Subject to section 40(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

(6)Any reference in this Act to an assignation in security shall be construed as including a reference to anex facie absolute assignation qualified as a security by a collateral agreement.

(7)In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feu-duty and ground annual.

(8)Any reference in this Act to thedominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

(9)References in this Act to any of the provisions in Part III or IV of Schedule 19 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 256 or 257 of this Act.

(10)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F853Definition substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(21)(b) (with s. 128(1))

F857Definition substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(21)(c) (with s. 188(1))

Modifications etc. (not altering text)

C326Ss. 214–227, 266(6)(b), 275(2), Sch. 8 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(9)(f) (with Sch. 8 para. 33)

Marginal Citations

M991980 c.65(123:1, 2).

276 Consequential amendments.S

(1)Subject to section 18 of this Act, the enactments specified in Schedule 21 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential upon the provisions of this Act.

(2)References in any Act to the acquisition of land under Part III of the Act of 1947 or to land acquired thereunder (including references which, by Schedule 12 to that Act, are to be construed as such) shall be respectively construed as, or as including (according as the context requires) references to the acquisition of land under Part VI of this Act and to land acquired thereunder.

277 Transitional provisions, savings and repeals.S

(1)The transitional provisions and savings contained in Schedule 22 to this Act shall have effect.

(2)Subject to the provisions of that Schedule, the enactments specified in Schedule 23 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)The inclusion in this Act of any express savings, transitional provision or amendment shall not be taken as prejudicing the operation of [F878sections 16(1) and 17(2)(a) of the M101Interpretation Act 1978] (which relate to the effect of repeals).

Textual Amendments

F878Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

278 General vesting declarations. S

(1)Schedule 24 to this Act shall have effect for the purpose of enabling any authority to whom this section applies to vest in themselves by a declaration land which they are authorised by a compulsory purchase order to acquire and, with respect to the effect of such a declaration, the payment and recovery of sums in respect of compensation for the acquisition of land so vested and other matters connected therewith.

(2)This section applies to any Minister or local or other public authority authorised to acquire land by means of a compulsory purchase order, and any such authority is in the said Schedule 24 referred to as an acquiring authority.

(3)This section shall not apply to the compulsory acquisition of land with respect to which a compulsory purchase order was in force before 8th December 1969.

Modifications etc. (not altering text)

C329S. 278 applied (with modifications) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 77(3)

279 Commencement of certain provisions.S

(1)The provisions of this Act referred to in subsection (2) of this section shall come into operation on a day appointed by an order made by the Secretary of State.

(2)The provisions of this Act referred to in this subsection are sections 58(5) and 59(1) to (3) of this Act and Schedule 7 to this Act.

(3)Different days may be appointed under this section for different purposes and, in particular, different days may be so appointed for the coming into operation or repeal of the same provisions in different areas.

(4)No order under this section relating to Schedule 7 to this Act shall be made unless a draft of the order has been approved by both Houses of Parliament.

(5)Any reference in this Act to the commencement of any provision referred to in subsection (2) of this section shall be construed as a reference to the day appointed for the coming into operation of that provision or, in the case of a provision which comes into operation on different days in different areas, shall, in relation to any area be construed as a reference to the day appointed for the coming into operation of that provision in that area.

(6)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation or repealed, including such adaptation of those provisions or of any other provisions of this Act then in force as appears to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

(7)The Secretary of State shall maintain and keep up to date a register showing the effect of orders made under this section in such a way as enables members of the public to inform themselves—

(a)as to the provisions which have come, or are to be brought into operation or have been, or are to be, repealed, and on which date and in relation to which areas; and

(b)as to whether, in the case of a particular area, any transitional provision has been made by such an order.

(8)The register maintained under this section by the Secretary of State shall be kept at his principal offices in Edinburgh and shall be available for inspection by the public at reasonable hours.

Modifications etc. (not altering text)

C332Power of appointment conferred by s. 279(1) fully exercised: S.I. 1975/1203, 1976/464

280 Commencement.S

(1)Except as provided in sections 18 and 279 of this Act and subject to the following provisions of this section, this Act shall come into operation on the expiry of the period of one month beginning with the date on which it is passed; and the date of coming into operation of this Act as aforesaid is in this section referred to as “the commencement date”.

(2)The following provisions of this Act, that is to say—

(a)sections 71 to 83 and 174, this section and paragraphs 24 and 25 of Schedule 22,

(b)sections 253(1)(b), 269, 271, 273 and 275 so far as they relate to any of the provisions of sections 71 to 83 and 174 or anything done or to be done under any such provision,

(c)Schedule 23 so far as it relates to the repeal of Part I of the M102Control of Office and Industrial Development Act 1965,

(d)any provisions which confer any power to make regulations or orders, or which (whether expressly or as construed in accordance with [F879section 14 of the M103Interpretation Act 1978] confer any power to revoke or vary any regulations or orders, and

(e)any provisions relating to the exercise of any such power,

shall come into operation on the passing of this Act; but no regulations or order shall be made under this Act so as to come into operation before the commencement date other than any regulations or order made under any of the provisions of sections 71 to 83 of this Act.

(3)In subsection (2) of this section the reference to provisions of this Act relating to the exercise of any such power as is therein mentioned includes a reference to any provisions of this Act whereby statutory instruments containing regulations or an order are subject to annulment in pursuance of a resolution of either House of Parliament, or whereby any regulations or order or any provisions thereof require the approval of each of those Houses.

(4)Any reference in this Act to the commencement of this Act is a reference to the coming into operation of so much of this Act as comes into operation on the commencement date, and any reference to the date of the commencement of this Act is a reference to that date; and if any Act passed after the passing of this Act refers to the commencement of this Act, subsections (2) and (3) of this section and section 18 of this Act shall be disregarded for the purpose of construing that reference in accordance with section 36 of the M104Interpretation Act 1889 (which relates to the meaning of “commencement” with reference to an Act).

(5)The preceding provisions of this section shall have effect without prejudice to the generality of [F879section 13 of the M105Interpretation Act 1978] (which relates to the exercise of statutory powers between the passing and the commencement of an Act).

Textual Amendments

F879Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C333Reference in s. 280(4) to “section 36 of the Interpretation Act 1889” to be construed as reference to Interpretation Act 1978 (c. 30), ss. 4(a), 23(1), Sch. 1 (entry relating to Commencement): Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

281 Citations and extent.S

(1)This Act may be cited as the Town and Country Planning (Scotland) Act 1972.

(2)The M106Town and Country Planning (Amendment) Act 1972 and this Act may be cited together as the Town and Country Planning (Scotland) Acts 1972.

(3)This Act, except so far as it provides for Joint Planning Inquiry Commissions. . . F880, extends to Scotland only.

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