Town and Country Planning (Scotland) Act 1997

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

(1) The Secretary of State for the Environment may acquire compulsorily—

(a) any land necessary for the public service, and

(b) any land which it is proposed to use not only for the public service but also—

(i) to meet the interests of proper planning of the area, or

(ii) to secure the best, or most economic development or use of the land,

otherwise than for the public service.

[F1 (1A) But subsection (1) does not permit the acquisition of any interest in Crown land unless—

(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b) the appropriate authority consents to the acquisition.]

(2) Where the Secretary of State for the Environment has acquired or proposes to acquire any land under subsection (1) (“the primary land”) and in his opinion other land ought to be acquired together with the primary land—

(a) in the interests of the proper planning of the area concerned,

(b) for the purpose of ensuring that the primary land can be used, or developed and used, (together with that other land) in what appears to him to be the best or most economic way, or

(c) where the primary land or any land acquired, or which he proposes to acquire, by virtue of paragraph (a) or (b) of this subsection or of section 122(1)(a) or (b) of the M1 Local Government, Planning and Land Act 1980, forms part of a common or open space, for the purpose of being given in exchange for that land,

he may compulsorily acquire that land.

(3) Subject to subsection (4), the power of acquiring land compulsorily under this section shall include power to acquire a servitude or other right over land by the grant of a new right.

(4) Subsection (3) shall not apply to a servitude or other right over any land which would for the purposes of the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 form part of a common or open space.

(5) That Act shall apply to any compulsory acquisition by the Secretary of State for the Environment under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.

(6) In this section, “the public service” includes the service in the United Kingdom—

(a) of any international organisation or institution whether or not the United Kingdom or Her Majesty’s Government in the United Kingdom is or is to become a member;

(b) of any office or agency established by such an organisation or institution or for its purposes, or established in pursuance of a treaty (whether or not the United Kingdom is or is to become a party to the treaty);

(c) of a foreign Sovereign Power or the Government of such a Power.

(7) For the purpose of subsection (6)(b), “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.

[F2 (8) Crown land must be construed in accordance with Part 12.]

Textual Amendments

F1 S. 190(1A) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 4(2) (with s. 111); S.S.I. 2006/268, art. 3(f)

F2 S. 190(8) added (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 4(3) (with s. 111); S.S.I. 2006/268, art. 3(f)

Marginal Citations

M1 1980 c. 65.

M2 1947 c. 42.