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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997) is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Part III General Planning Control
Meaning of development and requirement of planning permission
Determination by. . . planning authorities of applications for planning permission
26A. Power of planning authority to decline to determine applications.
27A. Aftercare conditions on permission for winning and working of minerals.
28. Directions, etc. as to method of dealing with applications.
28A. Permission to develop land without compliance with conditions previously attached.
31. Information regarding, and registers of, applications and decisions.
31A. Power of planning authorities to vary planning permission.
Secretary of State’s powers in relation to planning applications and decisions
Reference of certain matters to Planning Inquiry Commission or independent tribunal
49. Orders requiring discontinuance of use or alteration or removal of buildings or works.
49A. Prohibition of resumption of winning and working of minerals.
49B.Orders after suspension of winning and working of minerals.
49C.Confirmation and coming into operation of suspension orders.
49F.Resumption of winning and working of minerals after suspension order.
49G.Powers of regional planning authorities regarding orders under sections 49A or 49B.
Part IV Additional Control in Special Cases
Buildings of special architectural or historic interest
52. Lists of buildings of special architectural or historic interest.
53. Control of works for demolition, alteration or extension of listed buildings
55. Acts causing or likely to result in damage to listed buildings.
56. Building preservation notice in respect of building not listed.
56AA. Power to restrict exemption of certain ecclesiastical buildings.
56E. Determination of applications for hazardous substances consent.
56F. References to regional planning authority and Secretary of State and appeals.
56G. Deemed hazardous substances consent by virtue of authorisation of government department.
56H. Grants of hazardous substances consent without compliance with conditions previously attached.
56K. Provisions as to effect of hazardous substances consent and change of control of land.
Part V Enforcement of Control under Parts III and IV
94.Offence where listed building enforcement notice not complied with.
95. Execution and cost of works required by listed building enforcement notice.
95A. Effect of listed building consent on listed building enforcement
96. Enforcement by, or by direction of, the Secretary of State.
97AB.Further provision as to rights of entry in relation to listed buildings.
97AC.Rights of entry in relation to listed buildings: supplementary provisions.
97B.Power to issue hazardous substances contravention notice.
97BA.Variation of hazardous substances contravention notices.
97BB.Further provision as to rights of entry in relation to hazardous substances control.
97BC.Rights of entry in relation to hazardous substances control: supplementary provisions.
Part VI Acquisition and Appropriation of Land and Related Provisions
Acquisition and appropriation of land
102. Compulsory acquisition of land in connection with development and for other planning purposes.
103. Compulsory acquisition of land by Secretary of State for the Environment.
104. Compulsory acquisition of listed building in need of repair.
105. Repairs notice as preliminary to compulsory acquisition under s. 104.
106. Compensation on compulsory acquisition of listed building.
107. Minimum compensation in case of listed building deliberately left derelict.
108. Extinguishment of rights over land compulsorily acquired.
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Powers exercisable in relation to land held for planning purposes, and other related powers
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115. Special provisions as to features and buildings of architectural and historic interest.
116. Management etc. of listed buildings acquired by. . . planning authority or Secretary of State.
120. Displacement of persons from land acquired or appropriated.
Part VII Compensation for Planning Decisions Restricting New Development
Unexpended balance of established development value
124. Derivation of unexpended balance from claims under part V of act of 1947.
125. Original unexpended balance of established development value.
128. General provisions for continuance of unexpended balance.
129. Reduction or extinguishment consequence of compensation.
130. Reduction or extinguishment of balance on initiation of new development.
131. Reduction or extinguishment of balance on acquisition of land under compulsory powers.
132. Reduction or extinguishment of balance in consequence of severance or injurious affection.
133. Supplementary provisions as to deductions from original balance.
134. Provision of information relating to unexpected balance.
Part VIII Compensation for Other Planning Restrictions
Revocation or modification of planning permission
153. Compensation where planning permission revoked or modified.
153A. Compensation for certain orders under s. 42 relating to mineral working to be on special basis.
154. Application of s. 153 to special cases of refusal or conditional grant of planning permission.
155. Recording and apportionment of compensation for depreciation.
156. Contribution by Secretary of State towards compensation in certain cases.
156B.Amount recoverable, and provisions for payment or remission thereof.
157. Recovery, on subsequent development, of compensation under s. 153.
158. Compensation for planning decisions restricting development other than new development.
159A. Compensation in respect of orders under s. 49A and suspension orders.
160. Compensation for refusal of consent to alteration, etc. of listed building.
161. Compensation where listed building consent revoked or modified.
162. Compensation for loss or damage caused by service of building preservation notice.
164. Compensation in respect of requirement as to replanting of trees.
167. General provisions as to compensation for depreciation under Part VIII.
167A.Regulations as to compensation in respect of orders relating to mineral working.
167B. Orders relating to mineral working— meaning of “special consultations”.
167C. Orders relating to mineral working— meaning of “restriction on the winning and working of minerals” and “relevant order”.
Part IX Provisions Enabling Owner or Lessee to Require Purchase of his Interest
Interests affected by planning decisions or orders
169. Purchase notice on refusal or conditional grant of planning permission.
170. Action by. . . planning authority on whom purchase notice is served.
171. Procedure on reference of purchase notice to Secretary of State.
172. Action by Secretary of State in relation to purchase notice.
173. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
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175. Effect of Secretary of State’s action in relation to purchase notice.
176. Special provisions as to compensation where purchase notice served.
177. Purchase notice in respect of order revoking or modifying planning permission.
178. Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.
179. Purchase notice on refusal or conditional grant of listed building consent.
Interests of owner-occupiers affected by planning proposals
186. Compensation for compulsory purchase of historic buildings and of land in clearance areas.
188. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
191. Saving for claimant’s right to sell whole hereditament, etc.
192. Meaning of “owner-occupier” and “resident owner-occupier”.
194.“Appropriate authority” for purposes of these provisions.
195.“Appropriate enactment” for purposes of these provisions.
Stopping up and diversion of highways
198. Highways affected by development: orders by Secretary of State.
198A. Highways affected by development: orders by planning authorities.
199. Footpaths and bridleways affected by development: orders by local planning authorities.
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214. Applications for planning permission by statutory undertakers.
215. Development requiring sanction of government department.
216. Revocation or modification of permission to develop operational land.
217. Order requiring discontinuance of use etc. of operational land.
219. Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers.
221. Notice for same purposes as s. 219 but given by statutory undertakers to developing authority.
222. Extension or modification of functions of statutory undertakers.
224. Relief of statutory undertakers from obligations rendered impracticable.
Part XII Validity of Planning Instruments and Decisions and Proceedings Relating Thereto
231. Validity of development plans and certain orders, decisions and directions.
232. Proceedings for questioning validity of structure plans, etc.
233. Proceedings for questioning validity of other orders, decisions and directions.
234. Appeals to Court of Session against decisions under s. 51.
235. Special provisions as to decisions relating to statutory undertakers.
236. Special provisions as to orders subject to special parliamentary procedure.
Part XIV Application of Act to Special Cases
256. Application to. . . planning authorities of provisions as to planning control and enforcement.
257. Application to. . . planning authorities of provisions as to listed buildings.
257A. Application to planning authorities of provisions as to hazardous substances control.
258. Special provisions as to statutory undertakers who are. . . planning authorities.
Part XV Miscellaneous and Supplementary Provisions
Interdicts restraining breaches of planning control
261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
262B. [Formulation and publication of proposals for preservation and enhancement of conservation areas.
263. Assumptions as to planning permission in determining value of interests in land.
264. Recovery, on subsequent development, of payments in respect of war-damaged land.
267A. Orders as to expenses of parties where no local inquiry held.
268. Inquiries under Private Legislation Procedure (Scotland) Act 1936.
SCHEDULES
Development Plans: Transition from Schedule 3 to Part II of this Act
Development not Constituting New Development
Part I Development not Ranking for Compensation under s. 158
Part II Development Ranking for Compensation under s. 158
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Determination of Certain Appeals by Person Appointed by Secretary of State
Construction of References in Sections 45 and 46 to “The Responsible Minister or Ministers”
Joint Planning Inquiry Commissions
Control of Works for Demolition, Alteration or Extension of Listed Buildings
Registration of old mining permissions
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Part II Adjustment by Reference to Payments in Respect of War-Damaged Land
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Condition Treated as Applicable to Rebuilding and Alterations
Proceedings on Listed Building Purchase Notice
Action by planning authority on whom listed building purchase notice is served
Action by Secretary of State in relation to listed building purchase notice
Effect of Secretary of State’s action in relation to listed building purchase notice
Special provision as to compensation where listed building purchase notice served
Procedure in connection with Orders relating to Footpaths and Bridleways
Transitional Provisions and Savings
Part IV General Planning Control
Review of planning decisions and orders under Part V of Act of 1954
Part V Additional Control in Special Circumstances
Part VI Enforcement of Control
Enforcement notices under enactments in force before 8th December 1969
Enforcement notices served by virtue of section 72 of Act of 1947
Part IX Compensation Under Part VIII of this Act
Part II Supplementary Provisions
16.The provisions contained in this Part of this Schedule shall...
20.(1) If a general vesting declaration under this Act comprises...
23.If the acquiring authority do not take action in accordance...
25.Where an acquiring authority take action in accordance with sub-paragraph...
26.Where in accordance with paragraph 22(c) above an acquiring authority...
29.(1) Where in accordance with paragraph 20(1) above a person...
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