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Planning (Scotland) Act 2019
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This version of this provision is prospective.
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Changes to legislation:
Planning (Scotland) Act 2019, Section 39 is up to date with all changes known to be in force on or before 22 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.
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Changes and effects yet to be applied to Section 39:
- specified provision(s) amendment to earlier commencing S.S.I. 2019/377, reg. 9 by S.S.I. 2019/411 reg. 2
- specified provision(s) amendment to earlier commencing S.S.I. 2021/101, regs. 3, 4 by S.S.I. 2021/291 reg. 2
Prospective
39Withdrawal of planning permission granted by development orderS
This section has no associated Explanatory Notes
(1)The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2)After section 77 insert—
“77ACompensation for withdrawal of planning permission granted by development order
(1)The Scottish Ministers may by regulations make provision about the payment of compensation by a planning authority in cases where—
(a)planning permission granted by a development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order), and
(b)on an application made under Part III or section 242A, planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order.
(2)Regulations under subsection (1) may, in particular, make provision—
(a)about the circumstances in which compensation is payable,
(b)about what compensation is payable in respect of,
(c)about how the amount of compensation is to be calculated,
(d)about how a claim for compensation must be made in order to be valid (including the form and content of a claim, and the period within which it must be made),
(e)applying, or disapplying, any of the provisions of this Part, with or without modifications.”.
(3)Section 77 (compensation for refusal or conditional grant of planning permission formerly granted by development order) is repealed.
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