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- Original (As enacted)
Town and Country Planning (Scotland) Act 1997 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date.
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Strategic development planning
6.Re-determination of boundary of strategic development plan area
9.Main issues report for preparation of strategic development plan
10.Preparation and publication of proposed strategic development plan
12A.Further provision as regards examination under section 12(2)
13.Proposed strategic development plan: approval or rejection
14.Publication of and publicity for strategic development plan
Part III Control over Development
Planning permission in respect of operation of marine fish farm
33. Planning permission for development already carried out.
33A.Notice requiring application for planning permission for development already carried out
38. Consultations in connection with determination of applications.
42. Determination of applications to develop land without compliance with conditions previously attached.
43. Directions etc. as to method of dealing with applications.
43B.Matters which may be raised in a review under section 43A(8)
45. Duty to draw attention to certain provisions for benefit of disabled.
Secretary of State’s powers in relation to planning applications and decisions
Variation, revocation and modification of planning permission
Other controls over development
71. Orders requiring discontinuance of use or alteration or removal of buildings or works.
72. Confirmation by Secretary of State of section 71 orders.
73. Power of the Secretary of State to make section 71 orders.
75C.Planning obligations: continuing liability of former owner etc.
75E.Good neighbour agreements: modification and discharge of obligations
75G.Good neighbour agreements: continuing liability of former owner etc.
Part IV Compensation for Effects of Certain Orders, Notices etc.
Compensation for revocation or modification of planning permission
76. Compensation where planning permission revoked or modified.
77. Compensation for refusal or conditional grant of planning permission formerly granted by development order.
81. Amount recoverable, and provisions for payment or remission.
82. Provisions for payment or remission of amount recoverable under section 80.
84. Special basis for compensation in respect of certain orders affecting mineral working.
86. Lands Tribunal to determine claims if not otherwise provided.
Part V Rights of Owners etc. to Require Purchase of Interests
Chapter I Interests Affected by Planning Decisions or Orders
Duties of authorities on service of purchase notice
90. Action by planning authority on whom purchase notice is served.
91. Procedure on reference of purchase notice to Secretary of State.
92. Action by Secretary of State in relation to purchase notice.
93. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
94. Effect of Secretary of State’s action in relation to purchase notice.
Special provisions for requiring purchase of whole of partially affected agricultural unit
Chapter II Interests Affected by Planning Proposals: Blight
Special provisions for requiring purchase of whole of partially affected agricultural units
Miscellaneous and supplementary provisions
116. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
116A.Power of Secretary of State to acquire land identified in national policy statements where blight notice served
117. Saving for claimant’s right to sell whole hereditament, etc.
119. Meaning of “owner-occupier” and “resident owner-occupier”.
132. General provisions relating to determination of appeals.
133. Grant or modification of planning permission on appeal against enforcement notice.
135. Execution and cost of works required by enforcement notice.
136A.Fixed penalty notice where enforcement notice not complied with
137. Effect of planning permission etc. on enforcement or breach of condition notice.
138. Enforcement notice to have effect against subsequent development.
139. Power of Secretary of State to serve enforcement notice.
Certificate of lawful use or development
150. Certificate of lawfulness of existing use or development.
151. Certificate of lawfulness of proposed use or development.
152. Certificates under sections 150 and 151: supplementary provisions.
154. Appeals against refusal or failure to give decision on application.
155. Further provisions as to appeals to the Secretary of State.
Part VIII Acquisition and Appropriation of Land for Planning Purposes etc.
Part IX Roads, Footpaths and Rights of Way
Extension or modification of statutory undertakers’ functions
237. Validity of development plans and certain orders, decisions and directions.
238. Proceedings for questioning validity of development plans and certain schemes and orders.
239. Proceedings for questioning the validity of other orders, decisions and directions.
241. Special provisions as to orders subject to special parliamentary procedure.
Part XIII Financial Provisions
254. Contributions by Ministers towards compensation paid by planning authorities.
255. Contributions by local authorities and statutory undertakers.
256. Assistance for acquisition of property where objection made to blight notice in certain cases.
257. Recovery from acquiring authorities of sums paid by way of compensation.
258. Sums recoverable from acquiring authorities reckonable for purposes of grant.
260. General provision as to receipts of Secretary of State.
SCHEDULES
Exemptions from planning permission for certain land uses in 1948
Determination of certain appeals by person appointed by Secretary of State
Joint Planning Inquiry Commissions
Development not constituting new development
Condition treated as applicable to rebuilding and alterations
Regulations as to compensation in respect of orders relating to mineral working
Land allocated for public authority functions in development plans etc.
Land identified in national policy statements so far as relating to certain pipe-lines
Land ceases to be within this paragraph when the national...
Part II Supplementary provisions
16.This Part shall have effect for the purposes of paragraphs...
20.(1) If a general vesting declaration under this Act comprises...
23.If the acquiring authority do not take action in accordance...
24.Where in accordance with paragraph 22 or 23 the notice...
25.Where an acquiring authority take action in accordance with paragraph...
26.Where in accordance with paragraph 22(c) an acquiring authority refer...
29.(1) Where in accordance with paragraph 20(1) a person is...
Procedure for making and confirming orders relating to roads and rights of way
Part II Confirmation of orders
Enforcement as respects war-time breaches by the crown of planning control
Provisions of this Act referred to in sections 261 to 263
Part I Provisions referred to in sections 261(1) and (2) and 262(1)
Sections 4 to 22. Section 24. Section 26. Section 27(2)...
Part II Provisions referred to in section 263(1)
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