Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

49 Orders requiring discontinuance of use or alteration or removal of buildings or works. S

(1) If it appears to a. . . F1 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—

(a) that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or

(b) that any buildings or works should be altered or removed,

the. . . F1 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.

[F2 (1A) For the purposes of this section development consisting of the winning and working of minerals [F3 or involving the deposit of refuse or waste materials] in, on or under any land is to be treated as a use of that land.

(1B) Subsection (1) of this section shall have effect as if—

(a) the words “or

(c) that any plant or machinery used for the winning and working [F4 or depositing]should be altered or removed,”were added at the end of paragraph (b); and

(b) the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.

(1C) Where development consisting of the winning and working of minerals [F5 or involving the deposit of refuse or waste materials] is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

(1D) An order under this section may include any such aftercare condition as the planning authority think fit if—

(a) it also includes a restoration condition; or

(b) a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

[F6 (1E) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a) required by section 41A of this Act; or

(b) specified in the order.]

(1F) In a case where—

(a) the use specified is a use for agriculture; and

(b) the land was in use for agriculture immediately [F7 before the development began] or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c) the planning authority is aware of or can readily ascertain the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(1G) In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]

(2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F1 planning authority on an application made under this Part of this Act.

[F8 (3) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section.

(3A) Planning permission for such development may be granted so as to have effect from—

(a) the date on which the development was carried out; or

(b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period.]

(4) An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(5) Where a. . . F1 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F1 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) Where an order under this section has been confirmed by the Secretary of State, the. . . F1 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.

(7) [F9 Subject to subsection (7A) of this section,]where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F1 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.

[F10 (7A) Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.]

(8) In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F1 planning authority making the order.

Textual Amendments

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

F2 S. 49(1A)—(1G) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 26, 35

F3 Words in s. 49(1A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(2) (with s. 84(5)); S.I. 1992/71, art. 2

F4 Words in s. 49(1B) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 51, 84(2), Sch. 8, para. 5(3) (with s. 84(5)); S.I. 1992/71, art. 2

F5 Words in s. 49(1C) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 51, 84(2), Sch. 8, para. 5(4) (with s. 84(5)); S.I. 1992/71, art. 2

F6 S. 49(1E) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(5), (with s. 84(5)); S.I. 1992/71, art. 2

F7 Words in s. 49(1F) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(6), (with s. 84(5)); S.I. 1992/71, art. 2

F8 S. 49(3)(3A) substituted (26.3.1992) for s. 49(3) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para.16, (with s. 84(5)); 1992/334, art. 4, Sch. 2

F9 Words in s. 49(7) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(7), (with s. 84(5)); S.I. 1992/71, art. 2

F10 S. 49(7A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(8), (with s. 84(5)); S.I. 1992/71, art. 2