Town and Country Planning (Scotland) Act 1997

246 Agreements relating to Crown land. S

(1) The appropriate authority and the planning authority for the district in which any Crown land is situated may make agreements—

(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 to it, and

(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.

(2) 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.

(3) Subject to subsection (4), an agreement made under subsection (1)(b) 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.

(4) An agreement made under subsection (1)(b) 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 so recorded or, as the case may be, registered or against any person deriving title from such a third party.

(5) An agreement made under this section by a government department shall not have effect unless it is approved by the Treasury.

(6) In considering whether to make or approve an agreement under this section relating—

(a) to land belonging to a government department, or

(b) to land 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.