Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

119 Use and development of land for open spaces. S

(1) Any land being, or forming part of, a common or open space, which has been acquired by a Minister, a local authority or statutory undertakers under this Part of this Act or compulsorily under any other enactment, or which has been appropriated by a. . . F1 planning authority for planning purposes, may—

(a) in the case of land acquired by a Minister, be used in any manner by him or on his behalf for any purpose for which he acquired the land; and

(b) in any other case, be used by any person in any manner in accordance with planning permission,

notwithstanding anything in any enactment relating to land of that kind, or in any enactment by which the land is specially regulated.

(2) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than contravention of any such enactment as is mentioned in subsection (1) of this section.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Modifications etc. (not altering text)

C1 S. 119 extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4

C2 S. 119 extended by Telecommunications Act 1984 (c. 12, SIF 96), s. 35(4)(b)

C3 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C4 S. 119 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 2(2)(d)(9) (with s. 112(3), Sch. 17 para. 35(1))

C5 Ss. 108(2), 117-119, 121 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2