Land Compensation (Scotland) Act 1963

34 Extension of ss. 31, 32 and 33 to planning permission where no planning decision made

(1) The provisions of sections 31, 32 and 33 of this Act (except subsection (2) of the said section 33) shall have effect in relation to any planning permission which, in accordance with any direction or provision given or made by or under an enactment, is deemed to be granted for any development, as if a planning decision granting that permission had been made at the following time, that is to say.—

(a) where the enactment contains provision as to the time when the permission is deemed to be granted, at that time;

(b) where the enactment contains no such provision, at the time when the direction is given.

(2) The provisions of sections 31, 32 and 33 of this Act (except subsection (2) of the said section 33) shall have effect in relation to any planning permission which is granted for any development by virtue of a development order, as if—

(a) a planning decision granting that permission had been made at the time of the occurrence of the event in consequence of which (in accordance with the provisions of the order) the development is deemed to be sanctioned by a government department, or

(b) in a case not falling within the preceding paragraph, such a planning decision had been made at the time when the development is initiated.

(3) Where the provisions of sections 31 and 32 of this Act have effect as applied by subsection (1) or subsection (2) of this section, then if—

(a) before the time of the planning decision which is to be assumed in accordance with those provisions as so applied, a person who (under section 33(1) of this Act as so applied) is entitled to give an address for service under that section has given such an address to the acquiring authority, and

(b) the development is proposed to be carried out by the acquiring authority, or, if it is proposed to be carried out by a person other than the acquiring authority, notice of that proposal is given to the acquiring authority by the person proposing to carry out the development,

it shall, subject to subsection (4) of this section, be the duty of the acquiring authority to give notice of that proposal in the prescribed form to the person mentioned in paragraph (a) of this subsection at the address given by him to the authority.

(4) An acquiring authority shall not be required by virtue of subsection (3) of this section to give notice of proposed development to the person mentioned in section 33(1)(a) of this Act after an address for service has been given to them by such a person as is mentioned in paragraph (b) of the said section 33(1), if they have reasonable grounds for believing that the former person is dead or that any other act or event has occurred as mentioned in section 31(4) of this Act.

(5) Any reference in this section to section 33(1) of this Act shall include a reference to that subsection as extended by subsection (7) thereof, and any reference in this section to section 31(4) of this Act shall accordingly include a reference to section 32(4) of this Act.