Land Compensation (Scotland) Act 1963 (c. 51)

[F1 Part V S Compensation where Permission for Additional Development Granted after Acquisition

Textual Amendments

F1 Pt. V (ss. 31-37) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 77, Sch. 16 para.1 (with s. 84(5)); S.I. 1991/2092, art.3

F2 37 Interpretation of Part IV. S

(1) In this Part of this Act—

• “additional development”, in relation to an acquisition or sale of an interest in land, means any development of the land other than the following, that is to say—

(a) where the acquiring authority are a local authority, and acquired the interest for the purposes of any of their functions, development for the purposes of the functions for which they acquired it;

(b) where the acquiring authority are not a local authority, development for the purposes of the project in connection with which they acquired the interest;

(c) development for which planning permission was in force on the relevant date;

(d) in the case of compulsory acquisition, development for which it was assumed (in accordance with the provisions of sections 22 to 24 of this Act) for the purpose of assessing compensation that planning permission would be granted; and

(e) in the case of a sale by agreement, development for which, if the interest (instead of being sold by agreement) had been compulsorily acquired by the acquiring authority in pursuance of a notice to treat served on the relevant date, it would have been so assumed;

• “date of completion”, in relation to an acquisition or sale of an interest in land, means the date on which the acquisition or sale is completed by the vesting of that interest in the acquiring authority;

• “local authority” means a regional, islands or district council;

• “prescribed” means prescribed by regulations under this Part of this Act;

• “the relevant date”, in relation to a compulsory acquisition of an interest in land, means the date of service of the notice to treat and, in relation to a sale of such an interest by agreement, means the date of the making of the contract in pursuance of which the sale was effected.

(2) In this Part of this Act any reference to the granting of permission for the carrying out of development of any land is a reference to the granting of permission (including where applicable outline permission) for that development—

(a) either unconditionally or subject to conditions; and

(b) either in respect of that land taken by itself or in respect of an area including that land.]

Textual Amendments

F2 Pt. V (ss. 31-37) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 77, Sch. 16 para.1 (with s. 84(5)); S.I. 1991/2092, art.3