Part IX Provisions Enabling Owner or Lessee to Require Purchase of his Interest
Interests of owner-occupiers affected by planning proposals
C2C3C4181 Scope of these provisions. C1
C5C61
The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—
C7a
is land indicated in a structure plan in force either as land which may be required for the purposes of any F1of the following functions, that is to say, those of a government department, local authority or statutory undertakers, or of the (F2British Coal Corporation) or the establishment or running by a public telecommunications operator of a telecommunication system, or as land which may be included in an action area; or
C8b
is land allocated for the purposes of any such functions by a local plan in force, or is land defined in such a plan as the site of proposed development for the purposes of any such functions; or
c
is land indicated in a development plan (otherwise than by being dealt with in a manner mentioned in the preceding paragraphs) as land on which a road is proposed to be constructed or land to be included in a road as proposed to be improved or altered; or
d
is land authorised by a special enactment to be compulsorily acquired, or land falling within the limits of deviation within which powers of compulsory acquisition conferred by a special enactment are exercisable; or
F3C9C10e
is land on or adjacent to the line of a road proposed to be constructed, improved or altered, as indicated in an order or scheme—
i
which has come into operation under; or
ii
which is proposed to be made or confirmed under, and in respect of which a notice has been published under Schedule 1 to,
the Roads (Scotland) Act 1984 being land in relation to which a power of compulsory acquisition conferred by that Act may become exercisable as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme;
f
is land shown on plans approved by a resolution of a local F4roads authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or
C11g
is land in respect of which a compulsory purchase order is in force, where the appropriate authority have power to serve, but have not served, notice to treat in respect of the land; or
F5h
is land comprised in the site of a road as proposed to be constructed, improved or altered by the Secretary of State if he has given written notice of the proposal, together with maps or plans sufficient to identify the land in question, to the planning authority;
2
Paragraph (a) of subsection (1) of this section shall not apply to land situated in an area for which a local plan is in force, where that plan—
a
allocates any land in the area for the purposes of such functions as are mentioned in that paragraph; or
b
defines any land in the area as the site of proposed development for the purposes of any such functions.
3
Interests qualifying for protection under these provisions are either—
a
interests in hereditaments or parts of hereditaments; or
b
interests in agricultural units or parts of agricultural units.
4
An interest in the whole or part of a hereditament shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, either—
a
the annual value of the hereditament does not exceed such amount as may be prescribed for the purposes of this paragraph by an order made by the Secretary of State, and the interest in question is the interest of an owner-occupier of the hereditament; or
b
in a case not falling within the preceding paragraph, the interest in question is the interest of a resident owner-occupier of the hereditament.
F74A
The Secretary of State may, by regulations made under this subsection, substitute for any reference in these provisions to “annual value” or “hereditament” such other reference as he may consider appropriate; and such regulations may make such supplemental or consequential amendments of this Act or of any other enactment whether passed before or after this Act as the Secretary of State thinks fit.
5
An interest in the whole or part of an agricultural unit shall be taken to be an interest qualifying for protection under these provisions if, on the date of service of a notice under section 182 of this Act in respect thereof, it is the interest of an owner-occupier of the unit.
6
In this section and in the said sections 182 to 196 “these provisions” means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to F8(i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. F9or section 73 of the M1Land Compensation (Scotland) Act 1973