The Land Compensation (Additional Development) (Forms) (Scotland) Regulations 1994

Statutory Instruments

1994 No. 1187 (S.63)

ACQUISITION OF LAND

The Land Compensation (Additional Development) (Forms) (Scotland) Regulations 1994

Made

11th April 1994

Laid before Parliament

4th May 1994

Coming into force

25th May 1994

The Secretary of State, in exercise of the powers conferred on him by sections 32(2), 33(2), 34(3) and 36 of the Land Compensation (Scotland) Act 1963(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Land Compensation (Additional Development) (Forms) (Scotland) Regulations 1994 and shall come into force on 25th May 1994.

2.  In these Regulations any reference to a section is to a section of the Land Compensation (Scotland) Act 1963 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.

3.  The prescribed forms of notice for the purposes of Part V of the Land Compensation (Scotland) Act 1963 are—

(a) for a notice under section 32(2) (notice of grant of planning permission for additional development on an application), form 1;

(b) for a notice under section 33(2) (notice of proposal for additional development under planning permission granted otherwise than on an application), form 2; and

(c) for a notice under section 34(3) (notice of additional Crown development), form 3.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

11th April 1994

Regulation 3

SCHEDULE

FORM 1 NOTICE OF PLANNING PERMISSION FOR ADDITIONAL DEVELOPMENT ON AN APPLICATION

Land Compensation (Scotland) Act 1963 section 32(2) (inserted by Planning and Compensation Act 1991 section 77 and Schedule 16)

• You may be entitled to compensation under section 31 of the Land Compensation (Scotland) Act 1963 IF you claim it NOT MORE THAN SIX MONTHS after the date this notice is given to you.

FORM 2 NOTICE OF PROPOSAL FOR ADDITIONAL DEVELOPMENT UNDER PERMISSION GRANTED OTHERWISE THAN ON AN APPLICATION

Land Compensation (Scotland) Act 1963 section 33(2) (inserted by Planning and Compensation Act 1991 section 77 and Schedule 16)

• You may be entitled to compensation under section 31 of the Land Compensation (Scotland) Act 1963 IF you claim it NOT MORE THAN SIX MONTHS after the date this notice is given to you.

FORM 3 NOTICE OF ADDITIONAL CROWN DEVELOPMENT

Land Compensation (Scotland) Act 1963 section 34(3) (inserted by Planning and Compensation Act 1991 section 77 and Schedule 16)

• You may be entitled to compensation under section 31 of the Land Compensation (Scotland) Act 1963 IF you claim it NOT MORE THAN SIX MONTHS after the date this notice is given to you.

Explanatory Note

(This note is not part of the Regulations)

Under Part V of the Land Compensation (Scotland) Act 1963 which was inserted by Schedule 16 to the Planning and Compensation Act 1991, further compensation may be payable in respect of land acquired by authorities with compulsory purchase powers where additional development subsequently (within a period of ten years) is authorised.

These Regulations prescribe the forms of notice required to be given under Part V to former owners who have given an address for service. The forms are for giving notice of—

• the grant of planning permission for additional development on an application (form 1),

• a proposal for additional development where planning permission is given otherwise than on an application (form 2), and

• the initiation of Crown development (form 3).

(1)

1963 c. 51; Part V (which contains sections 31 to 37) was inserted by Schedule 16 to the Planning and Compensation Act 1991 c. 34; see section 37(1) for the definition of “prescribed”.