Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

153 Compensation where planning permission revoked or modified. S

(1) F1 Subject to section 153A of this Act, where planning permission is revoked or modified by an order under section 42 of this Act,. . . F2 , then if, on a claim made to the F3 . . . 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 F3 . . . 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 [F4 —.

(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

F1 Words substituted by Town and Country Planning (Minerals) Act 1981 (c. 36), s. 35, Sch. 2 para. 4

F2 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F3 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F4 Words 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)

C3 S. 153 modified by S.I. 1987/433, regs. 3, 6

C4 S. 153(1)(a) applied (30.10.1994) by S.I. 1994/2716, reg. 67(2)(3)