Town and Country Planning (Scotland) Act 1972

181 Scope of these provisions

(1) The provisions of sections 182 to 196 of this Act shall have effect in relation to land which—

(a) is land indicated in a structure plan in force either as land which may be required for the purposes of any functions of a government department, local authority or statutory undertakers, or of the National Coal Board, or as land which may be included in an action area ; or

(b) 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

(e) 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 which has come into operation under the provisions of the [1946 c. 30.] Trunk Roads Act 1946 or the [1949 c. 32.] Special Roads Act 1949, being land in relation to which a power of compulsory acquisition conferred by section 13 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935, as read with any of the following enactments, that is to say, section 4 of the [1936 c. 5.] Trunk Roads Act 1936, section 5 of the [1946 c. 30.] Trunk Roads Act 1946, and sections 9. 10 and 14 of the [1949 c. 32.] Special Roads Act 1949, may become exercisable, as being land required for purposes of construction, improvement or alteration as indicated in the order or scheme; or

(f) is land shown on plans approved by a resolution of a local highway authority as land comprised in the site of a road as proposed to be constructed, improved or altered by that authority; or

(g) 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

(h) is land on which the Secretary of State proposes to provide a trunk road or a special road and has given to the local planning authority written notice of his intention to provide the road, together with maps or plans sufficient to identify the proposed route of the road.

(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 funotions 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.

(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 (h) of this section and " blight notice " means a notice served under section 182 or 190 of this Act.