Town and Country Planning (Scotland) Act 1997

1. Introductory Text

2. Part I Administration

   1. 1. Planning authorities.

   2. 2. Enterprise zones.

   3. 3. Urban development areas.

3. Part 1A National Planning Framework

   1. 3A. National Planning Framework

   2. 3B. Proposals for National Planning Framework: Parliamentary consideration

   3. 3C. National Planning Framework to be laid before Parliament

   4. 3D. Sustainable development: exercise of functions by Scottish Ministers

4. Part 2 Development Plans

   1. Sustainable development

      1. 3E. Sustainable development

   2. Strategic development planning

      1. 4. Strategic development planning authorities

      2. 5. Strategic development plan area

      3. 6. Re-determination of boundary of strategic development plan area

      4. 7. Form and content of strategic development plan

      5. 8. Preparation of strategic development plan etc. : general

      6. 9. Main issues report for preparation of strategic development plan

      7. 10. Preparation and publication of proposed strategic development plan

      8. 11. Alternative proposals

      9. 12. Examination of proposed strategic development plan

      10. 12A. Further provision as regards examination under section 12(2)

      11. 13. Proposed strategic development plan: approval or rejection

      12. 14. Publication of and publicity for strategic development plan

   3. Local development plans

      1. 15. Form and content of local development plans

      2. 16. Preparation and monitoring of local development plans: general

      3. 17. Main issues report for preparation of local development plan

      4. 18. Preparation and publication of proposed local development plan

      5. 19. Examination of proposed local development plan

      6. 19A. Further provision as regards examination under section 19(4)

      7. 20. Constitution of local development plan

      8. 20A. Publication of and publicity for local development plan

   4. Development plan schemes and action programmes

      1. 20B. Development plan schemes

      2. 21. Action programmes

   5. Supplementary guidance

      1. 22. Supplementary guidance

   6. Supplementary provisions

      1. 23. Disregarding of representations with respect to development authorised by or under other enactments

      2. 23A. Regulations under this Part

      3. 23B. Default powers of the Scottish Ministers

      4. 23C. Reviews of plans in enterprise zones

      5. 23D. Meaning of “key agency”

      6. 24. Meaning of “development plan”

   7. General

      1. 25. Status of development plan

5. Part III Control over Development

   1. Meaning of development

      1. 26. Meaning of “development”.

      2. 26AA. Marine fish farms: circumstances referred to in section 26(1)

      3. 26A. Hierarchy of developments

      4. 27. Time when development begun.

   2. Initiation and completion of development

      1. 27A. Notification of initiation of development

      2. 27B. Notification of completion of development

   3. Display of notice while development is carried out

      1. 27C. Display of notice while development is carried out

   4. Requirement for planning permission

      1. 28. Development requiring planning permission.

      2. 29. Granting of planning permission: general.

   5. Development orders

      1. 30. Development orders: general.

      2. 31. Permission granted by development order.

   6. Planning permission in respect of operation of marine fish farm

      1. 31A. Planning permission in respect of operation of marine fish farm

   7. Applications for planning permission

      1. 32. Applications for planning permission

   8. Variation of application

      1. 32A. Variation of application other than one referred to the Scottish Ministers

      2. 32B. Variation of application referred to the Scottish Ministers

   9. 33. Planning permission for development already carried out.

   10. 33A. Notice requiring application for planning permission for development already carried out

   11. Publicity for applications

       1. 34. Notice by planning authority of certain applications made to them

       2. 35. Notice etc. of applications to owners and agricultural tenants.

       3. 35A. Pre-application consultation: preliminary

       4. 35B. Pre-application consultation: compliance

       5. 35C. Pre-application consultation report

       6. 36. Registers of applications etc.

       7. 36A. Lists of applications

   12. Determination of applications

       1. 37. Determination of applications: general considerations.

       2. 38. Consultations in connection with determination of applications.

       3. 38A. Pre-determination hearings

       4. 39. Declining to determine an application

       5. 40. Assessment of environmental effects.

       6. 41. Conditional grant of planning permission.

       7. 42. Determination of applications to develop land without compliance with conditions previously attached.

       8. 43. Directions etc. as to method of dealing with applications.

       9. 43A. Local developments: schemes of delegation

       10. 43B. Matters which may be raised in a review under section 43A(8)

       11. 44. Effect of planning permission.

       12. 45. Duty to draw attention to certain provisions for benefit of disabled.

   13. Secretary of State’s powers in relation to planning applications and decisions

       1. 46. Call-in of applications by Secretary of State.

       2. 47. Right to appeal against planning decisions and failure to take such decisions.

       3. 47A. Matters which may be raised in an appeal under section 47(1)

       4. 48. Determination of appeals.

   14. Simplified planning zones

       1. 49. Simplified planning zones.

       2. 50. Making of simplified planning zone schemes.

       3. 51. Simplified planning zone schemes: conditions and limitations on planning permission.

       4. 52. Duration of simplified planning zone scheme.

       5. 53. Alteration of simplified planning zone scheme.

       6. 54. Exclusion of certain descriptions of land or development.

   15. Enterprise zone schemes

       1. 55. Planning permission for development in enterprise zones.

       2. 56. Effect on planning permission of modification or termination of scheme.

   16. Deemed planning permission

       1. 57. Development with government authorisation.

   17. Duration of planning permission

       1. 58. Duration of planning permission

       2. 59. Planning permission in principle

       3. 60. Provisions supplementary to sections 58 and 59.

       4. 61. Termination of planning permission by reference to time limit: completion notices.

       5. 62. Effect of completion notice.

       6. 63. Power of Secretary of State to serve completion notice.

   18. Variation, revocation and modification of planning permission

       1. 64. Power to vary planning permission.

       2. 65. Power to revoke or modify planning permission.

       3. 66. Procedure for section 65 orders: opposed cases.

       4. 67. Procedure for section 65 orders: unopposed cases.

       5. 68. Revocation and modification of planning permission by the Secretary of State.

   19. References to Planning Inquiry Commissions

       1. 69. Power to refer certain planning questions to Planning Inquiry Commission.

       2. 70. Power to refer certain planning questions to Joint Planning Inquiry Commission.

   20. Other controls over development

       1. 71. Orders requiring discontinuance of use or alteration or removal of buildings or works.

       2. 72. Confirmation by Secretary of State of section 71 orders.

       3. 73. Power of the Secretary of State to make section 71 orders.

       4. 74. Review of mineral planning permissions.

       5. 75. Planning obligations

       6. 75A. Modification and discharge of planning obligations

       7. 75B. Appeals

       8. 75C. Planning obligations: continuing liability of former owner etc.

       9. 75D. Good neighbour agreements

       10. 75E. Good neighbour agreements: modification and discharge of obligations

       11. 75F. Good neighbour agreements: appeals

       12. 75G. Good neighbour agreements: continuing liability of former owner etc.

6. Part IV Compensation for Effects of Certain Orders, Notices etc.

   1. Compensation for revocation or modification of planning permission

      1. 76. Compensation where planning permission revoked or modified.

      2. 77. Compensation for refusal or conditional grant of planning permission formerly granted by development order.

      3. 78. Apportionment of compensation for depreciation.

      4. 79. Registration of compensation for depreciation.

      5. 80. Recovery of compensation on subsequent development.

      6. 81. Amount recoverable, and provisions for payment or remission.

      7. 82. Provisions for payment or remission of amount recoverable under section 80.

      8. 83. Compensation in respect of orders under section 71 etc.

      9. 84. Special basis for compensation in respect of certain orders affecting mineral working.

      10. 85. Power to make provision for determination of claims.

      11. 86. Lands Tribunal to determine claims if not otherwise provided.

   2. Supplementary provisions

      1. 87. General provisions as to compensation for depreciation under this Part.

7. Part V Rights of Owners etc. to Require Purchase of Interests

   1. Chapter I Interests Affected by Planning Decisions or Orders

      1. Service of purchase notices

         1. 88. Circumstances in which purchase notices may be served.

         2. 88A. Purchase notices: Crown land

         3. 89. Circumstances in which land incapable of reasonably beneficial use.

      2. Duties of authorities on service of purchase notice

         1. 90. Action by planning authority on whom purchase notice is served.

         2. 91. Procedure on reference of purchase notice to Secretary of State.

         3. 92. Action by Secretary of State in relation to purchase notice.

         4. 93. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

         5. 94. Effect of Secretary of State’s action in relation to purchase notice.

      3. Compensation

         1. 95. Special provisions as to compensation where purchase notice served.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

         1. 96. Counter-notice requiring purchase of remainder of agricultural unit.

         2. 97. Effect of counter-notice under section 96.

         3. 98. Provisions supplemental to sections 96 and 97.

      5. Supplemental

         1. 99. Interpretation of Chapter I.

   2. Chapter II Interests Affected by Planning Proposals: Blight

      1. Preliminary

         1. 100. Scope of Chapter II.

      2. Blight notices

         1. 101. Notice requiring purchase of blighted land.

         2. 102. Counter-notice objecting to blight notice.

         3. 103. Further counter-notice where certain proposals have come into force.

         4. 104. Reference of objection to Lands Tribunal: general.

         5. 105. Effect of valid blight notice.

         6. 106. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

         7. 107. Withdrawal of blight notice.

      3. Compensation

         1. 108. Special provisions as to compensation for acquisition in pursuance of blight notice.

      4. Special provisions for requiring purchase of whole of partially affected agricultural units

         1. 109. Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.

         2. 110. Objection to section 109 notice.

         3. 111. Effect of section 109 notice.

      5. Successors, heritable creditors and partnerships

         1. 112. Powers of successors in respect of blight notice.

         2. 113. Power of heritable creditor to serve blight notice.

         3. 114. Prohibition on service of simultaneous notices under sections 101, 112 and 113.

         4. 115. Special provisions as to partnerships.

      6. Miscellaneous and supplementary provisions

         1. 116. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

         2. 116A. Power of Secretary of State to acquire land identified in national policy statements where blight notice served

         3. 117. Saving for claimant’s right to sell whole hereditament, etc.

         4. 118. No withdrawal of constructive notice to treat.

         5. 119. Meaning of “owner-occupier” and “resident owner-occupier”.

         6. 120. “Appropriate authority” for purposes of Chapter II.

         7. 121. “Appropriate enactment” for purposes of Chapter II.

         8. 122. General interpretation of Chapter II.

8. Part VI Enforcement

   1. Application

      1. 123. Expressions used in connection with enforcement.

      2. 124. Time limits.

   2. Planning contravention notices

      1. 125. Power to require information about activities on land.

      2. 126. Penalties for non-compliance with planning contravention notice.

   3. Enforcement notices

      1. 127. Issue of enforcement notice.

      2. 128. Contents and effect of notice.

      3. 129. Variation and withdrawal of enforcement notice.

      4. 130. Appeal against enforcement notice.

      5. 131. Appeals: supplementary provisions.

      6. 132. General provisions relating to determination of appeals.

      7. 133. Grant or modification of planning permission on appeal against enforcement notice.

      8. 134. Validity of enforcement notices.

      9. 135. Execution and cost of works required by enforcement notice.

      10. 136. Offence where enforcement notice not complied with.

      11. 136A. Fixed penalty notice where enforcement notice not complied with

      12. 137. Effect of planning permission etc. on enforcement or breach of condition notice.

      13. 138. Enforcement notice to have effect against subsequent development.

      14. 139. Power of Secretary of State to serve enforcement notice.

   4. Stop notices

      1. 140. Stop notices.

      2. 141. Stop notices: supplementary provisions.

      3. 142. Power of the Secretary of State to serve stop notice.

      4. 143. Compensation for loss due to stop notice.

      5. 144. Penalties for contravention of stop notice.

   5. Temporary stop notices

      1. 144A. Temporary stop notices

      2. 144B. Temporary stop notices: restrictions

      3. 144C. Temporary stop notices: offences

      4. 144D. Temporary stop notices: compensation

   6. Breach of condition notices

      1. 145. Enforcement of conditions.

      2. 145A. Fixed penalty notice where breach of condition notice not complied with

   7. Interdicts

      1. 146. Interdicts restraining breaches of planning control.

   8. Registers

      1. 147. Enforcement etc.: register of notices

   9. Enforcement of orders for discontinuance of use, etc.

      1. 148. Penalties for contravention of orders under section 71 and Schedule 8.

      2. 149. Enforcement of orders under section 71 and Schedule 8.

   10. Certificate of lawful use or development

       1. 150. Certificate of lawfulness of existing use or development.

       2. 151. Certificate of lawfulness of proposed use or development.

       3. 152. Certificates under sections 150 and 151: supplementary provisions.

       4. 153. Offences.

       5. 154. Appeals against refusal or failure to give decision on application.

       6. 155. Further provisions as to appeals to the Secretary of State.

   11. Rights of entry for enforcement purposes

       1. 156. Right to enter without warrant.

       2. 157. Right to enter under warrant.

       3. 158. Rights of entry: supplementary provisions.

   12. Enforcement charters

       1. 158A. Enforcement charters

9. Part VII Special Controls

   1. Chapter I Trees

      1. General duty of planning authorities as respects trees

         1. 159. Planning permission to include appropriate provision for preservation and planting of trees.

      2. Tree preservation orders

         1. 160. Power to make tree preservation orders.

         2. 161. Form of and procedure applicable to orders.

         3. 162. Tree preservation: Forestry Commissioners

         4. 163. Provisional tree preservation orders.

         5. 164. Power for Secretary of State to make tree preservation orders.

      3. Compensation for loss or damage caused by orders etc.

         1. 165. Compensation in respect of tree preservation orders.

         2. 166. Compensation in respect of requirement as to replanting of trees.

      4. Consequences of tree removal etc.

         1. 167. Replacement of trees.

         2. 168. Enforcement of duties as to replacement of trees.

         3. 169. Appeal against section 168 notice.

         4. 170. Execution and cost of works required by section 168 notice.

         5. 171. Penalties for non-compliance with tree preservation order.

      5. Trees in conservation areas

         1. 172. Preservation of trees in conservation areas.

         2. 173. Power to disapply section 172.

         3. 174. Enforcement of controls as respects trees in conservation areas.

         4. 175. Register of section 172 notices.

      6. Rights of entry

         1. 176. Rights to enter without warrant.

         2. 177. Right to enter under warrant.

         3. 178. Rights of entry: supplementary provisions.

   2. Chapter II Land Adversely Affecting Amenity of Neighbourhood

      1. Land adversely affecting other land

         1. 179. Notice requiring proper maintenance of land.

         2. 180. Appeal against notice under section 179.

         3. 181. Register of notices under section 179.

   3. Chapter III Advertisements

      1. Advertisement regulations

         1. 182. Regulations controlling display of advertisements.

         2. 183. Power to make different advertisement regulations for different areas.

         3. 184. Planning permission not needed for advertisements complying with regulations.

      2. Repayment of expense of removing prohibited advertisements

         1. 185. Repayment of expense of removing prohibited advertisements.

      3. Enforcement of control over advertisements

         1. 186. Enforcement of control as to advertisements.

         2. 187. Power to remove or obliterate placards and posters.

10. Part VIII Acquisition and Appropriation of Land for Planning Purposes etc.

    1. Acquisition for planning and public purposes

       1. 188. Acquisition of land by agreement.

       2. 189. Compulsory acquisition of land in connection with development and for other planning purposes.

       3. 190. Compulsory acquisition of land by Secretary of State for the Environment.

    2. Powers relating to land held for planning purposes

       1. 191. Disposal of land held for planning purposes.

       2. 192. Disposal by Secretary of State of land acquired under section 190.

       3. 193. Development of land held for planning purposes.

    3. Extinguishment of certain rights affecting acquired or appropriated land

       1. 194. Extinguishment of rights over land compulsorily acquired.

       2. 195. General vesting declarations.

       3. 196. Power to override servitudes and other rights.

       4. 197. Provisions as to churches and burial grounds.

       5. 198. Use and development of land for open spaces.

       6. 199. Displacement of persons from land acquired or appropriated.

       7. 200. Modification of incorporated enactments for purposes of this Part.

       8. 201. Interpretation of this Part.

11. Part IX Roads, Footpaths and Rights of Way

    1. Stopping up and diversion of roads by Secretary of State

       1. 202. Roads affected by development: orders by Secretary of State.

    2. Powers of local authorities to extinguish certain rights

       1. 203. Order extinguishing right to use vehicles on road.

       2. 204. Compensation for orders under section 203.

       3. 205. Provision of amenity for road reserved to pedestrians.

       4. 206. Extinguishment of public rights of way over land held for planning purposes.

    3. Powers of planning authorities to stop up roads, etc.

       1. 207. Roads affected by development: orders by planning authorities.

       2. 208. Footpaths and bridleways affected by development: orders by planning authorities.

    4. Procedure

       1. 209. Procedure for making and confirming orders by Secretary of State and planning authorities.

       2. 210. Recovery of costs of making orders.

    5. Supplementary provisions

       1. 211. Concurrent proceedings in connection with roads.

       2. 212. Electronic communications apparatus .

    6. Temporary road orders: mineral workings

       1. 213. Temporary stopping up of roads, footpaths and bridleways for mineral workings.

12. Part X Statutory Undertakers

    1. Preliminary

       1. 214. Meaning of “statutory undertakers”.

       2. 215. Meaning of “operational land”.

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

       4. 217. Statutory Undertakers

    2. Application of Part III to statutory undertakers

       1. 218. Applications for planning permission by statutory undertakers.

       2. 219. Conditional grants of planning permission.

       3. 220. Development requiring authorisation of government department.

       4. 221. Statutory Undertakers

       5. 222. Statutory Undertakers

       6. 223. Statutory Undertakers

    3. Extinguishment of rights of statutory undertakers, etc.

       1. 224. Extinguishment of rights of statutory undertakers: preliminary notices.

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

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

       4. 227. Orders under sections 224 and 225.

    4. Extension or modification of statutory undertakers’ functions

       1. 228. Extension or modification of functions of statutory undertakers.

       2. 229. Procedure in relation to orders under section 228.

       3. 230. Relief of statutory undertakers from obligations rendered impracticable.

       4. 231. Objections to orders under sections 228 and 230.

    5. Compensation

       1. 232. Right to compensation in respect of certain decisions and orders.

       2. 233. Measure of compensation to statutory undertakers etc.

       3. 234. Exclusion of section 233 at option of statutory undertakers.

       4. 235. Procedure for assessing compensation.

    6. Advertisements

       1. 236. Special provisions as to display of advertisements on operational land.

13. Part XI Validity

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

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

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

    4. 240. Validity

    5. 241. Special provisions as to orders subject to special parliamentary procedure.

14. Part XII Crown Land

    1. Preliminary

       1. 241A. Application to the Crown

       2. 242. Preliminary definitions.

    2. Application of Act as respects Crown land

       1. 242A. Urgent Crown development: application

       2. 243. Control of development on Crown land: special enforcement notices.

       3. 244. Supplementary provisions as to special enforcement notices.

       4. 245. Exercise of powers in relation to Crown land.

       5. 245A. Enforcement in relation to the Crown

       6. 245B. References to an interest in land

       7. 246. Agreements relating to Crown land.

       8. 247. Supplementary provisions as to Crown interest.

       9. 247A. Applications for planning permission by Crown

    3. Provisions relating to anticipated disposal of Crown land

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

       2. 249. Tree preservation orders in anticipation of disposal of Crown land.

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

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

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

15. Part XIII Financial Provisions

    1. 252. Fees for planning applications etc.

    2. 253. Grants for research and education.

    3. 253A. Grants for advice and assistance

    4. 254. Contributions by Ministers towards compensation paid by planning authorities.

    5. 255. Contributions by local authorities and statutory undertakers.

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

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

    8. 258. Sums recoverable from acquiring authorities reckonable for purposes of grant.

    9. 259. Financial provision.

    10. 260. General provision as to receipts of Secretary of State.

    11. Expenses of local authorities

        1. 261. Expenses of, and borrowing by, local authorities.

16. Part XIV Miscellaneous and General Provisions

    1. Application of Act in special cases

       1. 262. Power to modify Act in relation to minerals.

       2. 263. Application of certain provisions to planning authorities.

    2. National Scenic Areas

       1. 263A. National Scenic Areas

    3. Natural Heritage Areas

       1. 264. Natural Heritage Areas.

    4. National Parks

       1. 264A. National Parks

    5. Local inquiries and other hearings

       1. 265. Local inquiries.

       2. 265A. Planning inquiries to be held in public subject to certain exceptions

       3. 266. Orders as to expenses of parties where no local inquiry held.

       4. 267. Appeals and applications under this Act: procedure etc.

       5. 268. Inquiries under Private Legislation Procedure (Scotland) Act 1936.

    6. Rights of entry

       1. 269. Rights of entry.

       2. 270. Supplementary provisions as to rights of entry.

       3. 270A. Rights of entry: Crown land

    7. Miscellaneous and general provisions

       1. 270B. Equal opportunities

       2. 271. Service of notices.

       3. 271A. Service of notices on the Crown

       4. 272. Power to require information as to interests in land.

       5. 272A. Information as to interests in Crown land

       6. 273. Offences by corporations.

       7. 274. Combined applications.

       8. 275. Regulations and orders.

       9. 275A. Further provision as regards regulations: inquiries etc.

       10. 276. Act not excluded by special enactments.

       11. 277. Interpretation.

       12. 278. Citation, commencement and extent.

17. SCHEDULES

    1. SCHEDULE 1

       Old development plans

       1. Preliminary

          1. 1. In this Schedule “old development plan” means—

       2. Continuation in force of old development plans

          1. 2. Any old development plan which immediately before the coming into...

       3. Structure plans to prevail over old development plans

          1. 3. Subject to the following provisions of this Schedule, where by...

       4. Street authorisation maps

          1. 4. . . . . . . . . . ....

       5. Development plans for compensation purposes

          1. 5. Where there is no local plan in force in an...

       6. Discontinuance of old development plan on approval of strategic development plan or adoption of local development plan

          1. 6. Subject to paragraph 7, on the— (a) approval of a...

          2. 7. The Secretary of State may by order direct that any...

          3. 8. The Secretary of State may by order wholly or partly...

          4. 9. Before making an order with respect to a development plan...

       7. Further provision as to interpretation

          1. 10. In this Schedule, “ structure plan ” is to be...

    2. SCHEDULE 2

       Exemptions from planning permission for certain land uses in 1948

       1. 1. Where on 1st July 1948 land was being temporarily used...

       2. 2. Where on 1st July 1948 land was normally used for...

       3. 3. Where land was unoccupied on 1st July 1948, but had...

       4. 4. Notwithstanding anything in paragraphs 1 to 3, the use of...

    3. SCHEDULE 3

       Conditions relating to mineral working

       1. Part I Conditions imposed on grant of permission

          1. Duration of development

             1. 1. (1) Every planning permission for development— (a) consisting of the...

          2. Power to impose aftercare conditions

             1. 2. (1) Where— (a) planning permission for development consisting of the...

          3. Meaning of “required standard”

             1. 3. (1) In a case where— (a) the use specified in...

          4. Consultations

             1. 4. (1) Before imposing an aftercare condition specifying a use for...

          5. Certificate of compliance

             1. 5. If, on the application of any person with an interest...

          6. Recovery of expenses of compliance

             1. 6. A person who has complied with an aftercare condition but...

       2. Part II Conditions Imposed on Revocation or Modification of Permission

          1. 7. An order under section 65 may, in relation to planning...

          2. 8. Paragraphs 2(3) to (9) and 3 to 6 shall apply...

    4. SCHEDULE 4

       Determination of certain appeals by person appointed by Secretary of State

       1. Determination of appeals by appointed person

          1. 1. (1) The Secretary of State may by regulations prescribe classes...

       2. Powers and duties of appointed persons

          1. 2. (1) An appointed person shall have the same powers and...

       3. Determination of appeals by Secretary of State

          1. 3. (1) The Secretary of State may, if he thinks fit,...

          2. 4. (1) The Secretary of State may by a further direction...

       4. Appointment of another person to determine appeal

          1. 5. (1) At any time before the appointed person has determined...

       5. Local inquiries and hearings

          1. 6. (1) Whether or not the parties to an appeal have...

       6. Supplementary provisions

          1. 7. If, before or during the determination of an appeal under...

          2. 8. (1) The Tribunals and Inquiries Act 1992 shall apply to...

    5. SCHEDULE 5

       Simplified planning zones

       1. General

          1. 1. (1) A simplified planning zone scheme shall consist of a...

       2. Notification of proposals to make or alter scheme

          1. 2. An authority who decide under section 50(2) to make or...

       3. Power of Secretary of State to direct making or alteration of scheme

          1. 3. (1) If a person requests a planning authority to make...

          2. 4. (1) A simplified planning zone direction is—

       4. Steps to be taken before depositing proposals

          1. 5. (1) A planning authority proposing to make or alter a...

       5. Procedure after deposit of proposals

          1. 6. Where a planning authority have prepared a proposed simplified planning...

       6. Procedure for dealing with objections

          1. 7. (1) Where objections to the proposed scheme or alterations are...

       7. Adoption of proposals by planning authority

          1. 8. (1) After the expiry of the period for making objections...

       8. Calling in of proposals for approval by Secretary of State

          1. 9. (1) After copies of proposals have been sent to the...

       9. Approval of proposals by Secretary of State

          1. 10. (1) The Secretary of State may after considering proposals submitted...

       10. Default powers

           1. 11. (1) Where— (a) a planning authority are directed under paragraph...

       11. Regulations and directions

           1. 12. (1) Without prejudice to the preceding provisions of this Schedule,...

    6. SCHEDULE 6

       Planning Inquiry Commissions

       1. Constitution

          1. 1. (1) A Planning Inquiry Commission (“a commission”) shall consist of...

       2. References

          1. 2. (1) Two or more of the matters mentioned in section...

       3. Procedure on reference

          1. 3. (1) A reference to a commission of a proposal that...

       4. Functions on reference

          1. 4. (1) A commission inquiring into a matter referred to them...

       5. Local inquiries held by commission

          1. 5. (1) A commission shall, for the purpose of complying with...

          2. 6. (1) In section 69 and this Schedule “the responsible Minister...

    7. SCHEDULE 7

       Joint Planning Inquiry Commissions

       1. Constitution

          1. 1. (1) A Joint Planning Inquiry Commission (a “joint commission”) shall...

       2. References

          1. 2. (1) Two or more of the matters mentioned in section...

       3. Procedure on reference

          1. 3. (1) A reference to a joint commission of a proposal...

       4. Functions on reference

          1. 4. A joint commission inquiring into a referred matter shall—

          2. 5. A joint commission shall give an opportunity of appearing and...

          3. 6. A joint commission may, with the approval of the Ministers...

          4. 7. The provisions of sections 46(5) and 48(2) of this Act...

       5. Local inquiries

          1. 8. (1) A joint commission shall, for the purpose of complying...

       6. Interpretation

          1. 9. In this Schedule— “the 1990 Act” means the Town and...

    8. SCHEDULE 8

       Old mineral workings and permissions

       1. Part I Requirements relating to discontinuance of mineral working

          1. Orders requiring discontinuance of mineral working

             1. 1. (1) If, having regard to the development plan and to...

             2. 2. (1) Where development consisting of the winning and working of...

          2. Prohibition of resumption of mineral working

             1. 3. (1) Where it appears to the planning authority that development...

             2. 4. (1) An order under paragraph 3 shall not take effect...

          3. Orders after suspension of winning and working of minerals

             1. 5. (1) Where it appears to the planning authority—

          4. Supplementary suspension orders

             1. 6. (1) At any time when a suspension order is in...

          5. Confirmation and coming into operation of suspension orders

             1. 7. (1) Subject to sub-paragraph (2) and without prejudice to paragraph...

          6. Registration of suspension orders

             1. 8. An order made under paragraph 3, 5 or 6 shall...

          7. Review of suspension orders

             1. 9. (1) It shall be the duty of a planning authority—...

          8. Old mining permissions

             1. 10. (1) In this paragraph and Part II of this Schedule,...

          9. Resumption of mineral working after suspension order

             1. 11. (1) Subject to sub-paragraph (2), nothing in a suspension order...

          10. Default powers of Secretary of State

              1. 12. (1) If it appears to the Secretary of State that...

       2. Part II Registration of Old Mining Permissions

          1. Application for registration

             1. 13. (1) Any person who is an owner of any land...

          2. Determination of conditions

             1. 14. (1) The conditions to which an old mining permission is...

          3. Registration

             1. 15. (1) Where an application for the registration of an old...

          4. General provisions about applications

             1. 16. (1) An application under paragraph 13 or 14 is an...

          5. Right of appeal

             1. 17. (1) Where the planning authority— (a) refuse an application under...

          6. Determination of appeal

             1. 18. (1) On an appeal under paragraph 17 the Secretary of...

          7. Reference of applications to Secretary of State

             1. 19. (1) The Secretary of State may give directions requiring applications...

          8. Two or more applicants

             1. 20. (1) Where a person has served an application under paragraph...

          9. Application of provisions relating to planning permission

             1. 21. (1) Subject to paragraph 15, section 36 and any provision...

          10. Interpretation

              1. 22. (1) In this Part of this Schedule— “official form” means,...

    9. SCHEDULE 9

       Review of old mineral planning permissions

       1. Interpretation

          1. 1. (1) In this Schedule— “dormant site” means a Phase I...

       2. Phase I and II sites

          1. 2. (1) This paragraph has effect for the purposes of determining...

       3. The “first list”

          1. 3. (1) A planning authority shall, in accordance with the following...

       4. The “second list”

          1. 4. (1) A planning authority shall, in accordance with the following...

       5. Advertisement of the first and second lists

          1. 5. (1) This paragraph makes provision for the advertisement of the...

       6. Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications

          1. 6. (1) Any person who is the owner of any land,...

       7. Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory

          1. 7. (1) Any person who is the owner of any land,...

       8. Service on owners etc. of notice of preparation of the first and second lists

          1. 8. (1) The planning authority shall, no later than the date...

       9. Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed

          1. 9. (1) Any person who is the owner of any land,...

       10. Notice of determination of conditions to be accompanied by additional information in certain cases

           1. 10. (1) This paragraph applies in a case where—

       11. Right to appeal against planning authority’s determination of conditions etc.

           1. 11. (1) Where the planning authority— (a) on an application under...

       12. Permissions ceasing to have effect

           1. 12. (1) Subject to paragraph 8(11), where no application under paragraph...

       13. Reference of applications to the Secretary of State

           1. 13. (1) The Secretary of State may give directions requiring applications...

       14. Two or more applicants

           1. 14. (1) Where a planning authority have received from any person...

       15. Compensation

           1. 15. (1) This paragraph applies in a case where—

       16. Appeals: general procedural provisions

           1. 16. (1) This paragraph applies to appeals under paragraph 6(11) or...

    10. SCHEDULE 10

        Periodic review of mineral planning permissions

        1. Duty to carry out periodic reviews

           1. 1. The planning authority shall, in accordance with the provisions of...

        2. Interpretation

           1. 2. (1) For the purposes of this Schedule— “first review date”,...

        3. The first review date

           1. 3. (1) Subject to sub-paragraph (7), in a case where the...

           2. 3A. (1) The Scottish Ministers may by order specify a first...

        4. Service of notice of first periodic review

           1. 4. (1) The planning authority shall, in connection with the first...

        5. Application for postponement of the first review date

           1. 5. (1) Any person who is the owner of any land,...

        6. Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject

           1. 6. (1) Any person who is the owner of any land,...

        7. Permissions ceasing to have effect

           1. 7. Where no application under paragraph 6 in respect of a...

        8. Reference of applications to the Secretary of State

           1. 8. (1) The Secretary of State may give directions requiring applications...

        9. Appeals

           1. 9. (1) Where on an application under paragraph 6 the planning...

        10. Time from which conditions determined under this Schedule are to take effect

            1. 10. (1) Where an application has been made under paragraph 6...

        11. Two or more applicants

            1. 11. (1) Where a planning authority have received from any person...

        12. Second and subsequent periodic reviews

            1. 12. (1) In this paragraph, in relation to a mining site,...

        13. Compensation

            1. 13. (1) This paragraph applies where— (a) an application made under...

    11. SCHEDULE 11

        Development not constituting new development

        1. 1. (1) The carrying out of— (a) the rebuilding, as often...

        2. 2. The use as two or more separate dwellinghouses of any...

        3. 3. Where after 1st July 1948— (a) any buildings or works...

        4. 4. For the purposes of paragraph 1 the cubic content of...

        5. 5. (1) In this Schedule “at a material date” means at...

        6. 6. (1) In relation to a building erected after 1st July...

    12. SCHEDULE 12

        Condition treated as applicable to rebuilding and alterations

        1. 1. Where the building to be rebuilt or altered is the...

        2. 2. Where the building to be rebuilt or altered is not...

        3. 3. In determining under this Schedule the purpose for which floor...

        4. 4. (1) For the purposes of this Schedule gross floor space...

        5. 5. In relation to a building erected after 1st July 1948...

    13. SCHEDULE 13

        Regulations as to compensation in respect of orders relating to mineral working

        1. Power to modify compensation provisions

           1. 1. (1) The Secretary of State may by regulations . ....

        2. Determination of claims

           1. 2. The references in section 86 to questions of disputed compensation...

    14. SCHEDULE 14

        Blighted land

        1. Land allocated for public authority functions in development plans etc.

           1. 1. (1) This paragraph applies to land indicated in a strategic...

           2. 2. (1) This paragraph applies to land which—

           3. 3. This paragraph applies to land indicated in a plan (other...

           4. 4. This paragraph applies to land in respect of which a...

        2. New towns and urban development areas

           1. 5. (1) This paragraph applies to land within an area described...

           2. 6. This paragraph applies to land within an area designated as...

           3. 7. (1) This paragraph applies to land which is—

        3. Housing action areas

           1. 8. This paragraph applies to land within an area declared to...

           2. 9. This paragraph applies to land which is surrounded by or...

        4. Roads

           1. 10. This paragraph applies to land indicated in a development plan...

           2. 11. (1) This paragraph applies to land on or adjacent to...

           3. 12. This paragraph applies to land shown on plans approved by...

           4. 13. This paragraph applies to land comprised in the site of...

        5. Compulsory purchase

           1. 14. This paragraph applies to land authorised by a special enactment...

           2. 15. (1) This paragraph applies to land in respect of which—...

           3. 16. This paragraph applies to land— (a) the compulsory acquisition of...

           4. 17. (1) This paragraph applies to land which relates to the...

        6. Land identified in national policy statements so far as relating to certain pipe-lines

           1. 18. This paragraph applies to land which is in a location...

        7. Note

           1. Land ceases to be within this paragraph when the national...

    15. SCHEDULE 15

        General vesting declarations

        1. Part I General provisions

           1. Execution of general vesting declarations

              1. 1. (1) Where a compulsory purchase order authorising an acquiring authority...

              2. 2. (1) Before making a general vesting declaration with respect to...

              3. 3. (1) Subject to sub-paragraph (2), a general vesting declaration shall...

              4. 4. As soon as may be after executing a general vesting...

              5. 5. For the purposes of this Schedule, a certificate by the...

           2. Effect of general vesting declaration

              1. 6. At the end of the period specified in a general...

              2. 7. At the end of the period specified in a general...

              3. 8. Where any land specified in a general vesting declaration is...

           3. Recovery of compensation overpaid

              1. 9. Paragraphs 10 to 14 shall have effect where, after the...

              2. 10. If, in a case falling within paragraph 9, it is...

              3. 11. If in a case falling within paragraph 9, it is...

              4. 12. Any question arising under paragraph 10 or 11—

              5. 13. Subject to paragraph 12, any amount recoverable by the acquiring...

              6. 14. Any sum recovered under paragraph 10 or 11 in respect...

           4. Penalty for false information in claiming compensation

              1. 15. (1) If any person for the purpose of obtaining for...

        2. Part II Supplementary provisions

           1. 16. This Part shall have effect for the purposes of paragraphs...

           2. Exclusion of power of entry under the Acquisition Act 1947

              1. 17. Paragraph 3 of Schedule 2 to the Acquisition Act 1947...

           3. Restriction on withdrawal of constructive notice to treat

              1. 18. The power conferred by section 39 of the Land Compensation...

           4. Objection to severance

              1. 19. Paragraph 4 of Schedule 2 to the Acquisition Act 1947...

              2. 20. (1) If a general vesting declaration under this Act comprises...

              3. 21. Where a notice of objection to severance is served in...

              4. 22. Within 3 months after a person has served on an...

              5. 23. If the acquiring authority do not take action in accordance...

              6. 24. Where in accordance with paragraph 22 or 23 the notice...

              7. 25. Where an acquiring authority take action in accordance with paragraph...

              8. 26. Where in accordance with paragraph 22(c) an acquiring authority refer...

              9. 27. (1) If on such a reference the Lands Tribunal does...

              10. 28. Where by virtue of paragraph 22(a), 23, 25 or 27...

              11. 29. (1) Where in accordance with paragraph 20(1) a person is...

           5. Compensation

              1. 30. Where any of the land specified in a general vesting...

              2. 31. Sections 56 to 60 and sections 63 to 66 of...

           6. Charges and tenancies

              1. 32. (1) Where land specified in a general vesting declaration under...

              2. 33. Where land specified in a general vesting declaration under this...

              3. 34. Where any of the land specified in a general vesting...

           7. Miscellaneous

              1. 35. Where, after land has become vested in an acquiring authority...

              2. 36. (1) The time within which a question of disputed compensation,...

              3. 37. At the end of the period specified in a general...

        3. Part III Interpretation

           1. 38. (1) In this Schedule— “short tenancy” means a tenancy for...

           2. 39. In this Schedule— “Acquisition Act 1947” means the Acquisition of...

    16. SCHEDULE 16

        Procedure for making and confirming orders relating to roads and rights of way

        1. Part I Making orders

           1. Procedure for making of orders by Secretary of State

              1. 1. (1) Before making an order under section 202 or 206(1)(a)...

           2. Procedure in anticipation of planning permission, etc.

              1. 2. (1) Where the Secretary of State would, if planning permission...

           3. Further procedure in anticipation of planning permission, etc.

              1. 3. (1) Where a planning authority would, if planning permission for...

        2. Part II Confirmation of orders

           1. Application

              1. 4. (1) This Part shall have effect with respect to the...

           2. Confirmation of orders made by other authorities

              1. 5. (1) An order made under section 203 by a competent...

              2. 6. (1) Before an order under section 203, 206(1)(b), 207 or...

              3. 7. If no representations or objections are duly made, or if...

              4. 8. (1) This paragraph applies where any representation or objection duly...

              5. 9. (1) The Secretary of State shall not confirm an order...

              6. 10. Regulations may, subject to this Part, make such provision as...

        3. Part III Publicity for orders after confirmation

           1. 11. (1) As soon as may be after an order under...

    17. SCHEDULE 17

        Enforcement as respects war-time breaches by the crown of planning control

        1. Preliminary

           1. 1. In this Schedule— “authority” means an authority responsible for enforcing...

        2. Making of compliance determination applications

           1. 2. (1) A compliance determination application may be made with respect...

           2. 3. A compliance determination application shall be accompanied by such plans...

           3. 4. (1) The authority to whom a compliance determination application is...

        3. Determination of applications

           1. 5. (1) Where a compliance determination application is made to an...

        4. Appeals against compliance determinations or failure to make such determinations

           1. 6. (1) Where the applicant is aggrieved by a compliance determination,...

           2. 7. (1) On such an appeal the Secretary of State may...

           3. 8. Subject to paragraph 9 and to any determination or decision...

        5. Fresh applications where alteration in circumstances

           1. 9. Where a compliance determination has been given that works on...

        6. References of application to Secretary of State

           1. 10. (1) If it appears to the Secretary of State that...

        7. Information

           1. 11. The Secretary of State may give directions to any authority...

        8. Opportunity for hearing

           1. 12. (1) On a compliance determination application the applicant may require...

        9. Notice of proposed enforcement

           1. 13. (1) This paragraph applies where before the relevant date any...

        10. Power of entry

            1. 14. (1) At any time before the relevant date any officer...

        11. Service of notices

            1. 15. (1) Any notice or other document required or authorised to...

        12. Supplementary provisions

            1. 16. Parts XIII and XIV do not apply to section 251...

    18. SCHEDULE 18

        Provisions of this Act referred to in sections 261 to 263

        1. Part I Provisions referred to in sections 261(1) and (2) and 262(1)

           1. Sections 4 to 22. Section 24. Section 26. Section 27(2)...

        2. Part II Provisions referred to in section 263(1)

           1. . . . . . . . . . ....

        3. TABLE OF DERIVATIONS

           1. 1. Notes:

           2. 2. The following abbreviations are used in the Table—

           3. Acts of Parliament

              1. 3. The Table does not show the effect of Transfer of...

              2. 4. The Table does not give details of the effect of...

              3. 5. “Sc Law Com Rec No.” followed by a number indicates...