Town and Country Planning (Scotland) Act 1997

Miscellaneous and general provisions S

[F1 270B Equal opportunities S

(1) The Scottish Ministers and planning authorities must perform their functions under this Act in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(2) “ Equal opportunities ” and “ equal opportunity requirements ” have the same meanings in this section as they have in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46). ]

Textual Amendments

F1 S. 270B inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 51, 59(2); S.S.I. 2007/130, art. 2(2), sch.

271 Service of notices. S

(1) Subject to the provisions of this section, any notice or other document required or authorised to be served or given under this Act may be served or given—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given,

(b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address,

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address,

[F2 (cc) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (4), to that person at that address (subject to subsection (5)); or]

(d) in the case of a person on whom the notice is required to be served as being a person appearing from the valuation roll to have an interest in land, by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his address as entered in the valuation roll, or

(e) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) Where the notice or document is required or authorised to be served on any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or where the notice or document is required or authorised to be served on any person as an occupier of premises, the notice or document shall be taken to be duly served if—

(a) being addressed to him either by name or by the description of “the owner”, “the lessee” or “the occupier”, as the case may be, of the premises (describing them) it is delivered or sent in the manner specified in subsection (1)(a), (b) or (c), or

(b) it is so addressed and is marked in such manner as may be prescribed for securing that it shall be plainly identifiable as a communication of importance, and—

(i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(ii) is delivered to some person on those premises, or is affixed conspicuously to some object on those premises.

(3) Where—

(a) the notice or other document is required to be served on or given to all persons who have interests in or are occupiers of premises comprised in any land, and

(b) it appears to the authority required or authorised to serve or give the notice or other document that any part of that land is unoccupied,

the notice or document shall be taken to be duly served on all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if it is addressed to “the owners and any lessees and occupiers” of that part of the land (describing it) and is affixed conspicuously to some object on the land.

[F3 (4) The condition mentioned in subsection (1)(cc) is that the notice or other document shall be–

(a) capable of being accessed by the person mentioned in that provision;

(b) legible in all material respects; and

(c) in a form sufficiently permanent to be used for subsequent reference;

and for this purpose “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served or given by means of a notice or document in printed form.

(5) Subsection (1)(cc) shall not apply to–

(a) serving a planning contravention notice;

(b) serving or giving notice to parties who must be notified of applications for planning permission and other matters in accordance with regulations made under sections 34 and 35;

(c) serving any notice, or withdrawal of any such notice under section 61;

(d) serving a notice under section 66(2);

(e) serving a notice under section 72(2) or a copy of an order under section 72(5);

(f) serving a purchase notice under section 88(2);

(g) serving any notice under section 90;

(h) serving a counter-notice under section 96(2) or 96(5)

(i) serving a counter-notice under 102;

(j) serving a blight notice under section 101(1);

(k) serving a copy of any enforcement notice by a planning authority;

(l) giving any notice under section 129 of the exercise of powers conferred by subsection (1) of that section;

(m) serving an enforcement notice issued by the Scottish Ministers;

(n) serving a stop notice, or of notice of withdrawal of a stop notice, by a planning authority;

(o) serving a stop notice by the Scottish Ministers;

(p) serving a breach of condition notice or of notice of withdrawal of a breach of condition notice;

(q) giving notice of the making of a tree preservation order, or service of a copy of such an order, in accordance with regulations under section 161;

(r) serving notice by a planning authority under section 179 requiring steps to be taken to abate the adverse effect on the amenity of any part of its district by reason of condition of any land within that district or an adjoining district;

(s) serving a notice under section 272 requiring information as to interests in land;

(t) serving a copy of a discontinuance, prohibition, suspension or supplementary suspension order made under Schedule 8; and

(u) serving a reminder under paragraph 4 of Schedule 10.]

Textual Amendments

F2 S. 271(1)(cc) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 4(1)(2)

F3 S. 271(4)(5) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 4(1)(3)

Modifications etc. (not altering text)

C1 S. 271 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4))

S. 271 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

C2 S. 271 applied (with application in accordance with reg. 2 of the amending S.S.I.) by Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 (S.S.I. 2008/432), regs. 1(2), 44

C3 S. 271 applied (30.6.2013) by The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (S.S.I. 2013/155), regs. 1, 48 (with reg. 2)

C4 S. 271 applied (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), regs. 1, 59

[F4 271A Service of notices on the Crown S

(1) Any notice or other document required under this Act to be served on the Crown must be served on the appropriate authority.

(2) Section 271 does not apply for the purposes of the service of such a notice or document.

(3) “ Appropriate authority ” must be construed in accordance with section 242. ]

Textual Amendments

F4 S. 271A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 17 (with s. 111); S.S.I. 2006/268, art. 3(f)

272 Power to require information as to interests in land. S

(1) For the purpose of enabling any order to be made or any notice or other document to be served by him or them under this Act, the Secretary of State or a local authority may in writing require the occupier of any land and any person who, either directly or indirectly, receives rent in respect of any land to supply in writing such information as to the matters mentioned in subsection (2) as may be so specified.

(2) Those matters are—

(a) the nature of his interest in the land,

(b) the name and [F5 postal] address of any other person known to him as having an interest in the land, whether as F6 ... owner, heritable creditor, lessee or otherwise,

(c) the purpose for which the land is currently being used,

(d) the time when that use began,

(e) the name and [F7 postal] address of any person known to the person on whom the notice is served as having used the premises for that purpose, and

(f) the time when any activities being carried out on the premises began.

(3) A notice under subsection (1) may require information to be given within a specified period which is not less than 21 days from the date of service on him.

(4) Any person who has been required under subsection (1) to give any information and fails to give it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Any person who has been so required to give any information and knowingly makes any misstatement in respect of it shall be guilty of an offence and liable—

(a) on summary conviction to a fine not exceeding the statutory maximum, and

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both.

(6) It shall be a defence in any proceedings under subsection (4) that the accused did not know and had no reasonable cause to know the information required of him.

Textual Amendments

F5 Word in s. 272(2)(b) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 5(b)

F6 Word in s. 272(2)(b) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 60(4), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F7 Word in s. 272(2)(e) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 5(b)

Modifications etc. (not altering text)

C5 S. 272 extended (27.5.1997) by 1997 c. 9, ss. s.79(1), 83(2) (with s. 45(4))

S. 272 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

C6 S. 272: power to modify conferred (27.5.1997) by 1980 c. 65, Sch. 30 Pt. II para. 9 (as replaced (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12))

[F8 272A Information as to interests in Crown land S

(1) This section applies to an interest in Crown land which is not a private interest.

(2) Section 272 does not apply to an interest to which this section applies.

(3) For a purpose mentioned in section 272(1) the Scottish Ministers may request the appropriate authority to give them such information as to the matters mentioned in section 272(2) as they specify in the request.

(4) The appropriate authority must comply with a request under subsection (3) except to the extent—

(a) that the matter is not within the knowledge of the authority, or

(b) that to do so will disclose information as to any of the matters mentioned in section 265A(4).

(5) Expressions used in this section and in Part 12 (Crown Land) must be construed in accordance with that Part.]

Textual Amendments

F8 S. 272A inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 18 (with s. 111); S.S.I. 2006/268, art. 3(f)

273 Offences by corporations. S

(1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2) In subsection (1) “director”, in relation to any body corporate—

(a) which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and

(b) whose affairs are managed by its members,

means a member of that body corporate.

Modifications etc. (not altering text)

C7 S. 273 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4))

S. 273 excluded (27.5.1997) by 1997 c. 9, ss. 79(2), 83(2) (with s. 45(4))

S. 273 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

274 Combined applications. S

(1) Regulations may provide for the combination in a single document, made in such form and transmitted to such authority as may be prescribed, of—

(a) an application for planning permission in respect of any development and

(b) an application required, under any enactment specified in the regulations, to be made to a local authority in respect of that development.

(2) Before making such regulations, the Secretary of State shall consult such local authorities or associations of local authorities as appear to him to be concerned.

(3) Different provision may be made by any such regulations in relation to areas in which different enactments are in force.

(4) If an application required to be made to a local authority under an enactment specified in any such regulations is made in accordance with the provisions of the regulations, it shall be valid notwithstanding anything in that enactment prescribing, or enabling any authority to prescribe, the form in which, or the manner in which, such an application is to be made.

(5) Subsection (4) is without prejudice to—

(a) the validity of any application made in accordance with the enactment in question, or

(b) any provision of that enactment enabling a local authority to require further particulars of the matters to which the application relates.

(6) In this section “application” includes a submission.

(7) Subsection (1) shall apply in relation to applications for an approval required by a development order as it applies in relation to applications for planning permission.

Modifications etc. (not altering text)

C8 S. 274(2)-(6) applied (22.9.2004 for specified purposes, 1.5.2005 in so far as not already in force) by Building (Scotland) Act 2003 (asp 8), ss. 33(4), 59(1) (with s. 53); S.S.I. 2004/404, art. 2(1)(2), Sch. 1

275 Regulations and orders. S

(1) The Secretary of State may make regulations—

(a) for prescribing the form of any notice, order or other document authorised or required by this Act to be served, made or issued by any planning authority which is a local authority,

(b) for any purpose for which regulations are authorised or required to be made under this Act, other than a purpose for which regulations are authorised or required to be made by another Minister, and

(c) for any of the purposes mentioned in section 28 of the M1 Land Compensation (Scotland) Act 1963 (power to prescribe matters relevant to Part IV).

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

[F9 (2A) Regulations may make different provision for different purposes [F10 and areas].]

[F11 [F12 (2B)] Any power conferred by this Act to make regulations or orders includes power to make such incidental, supplemental, consequential, transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.]

(3) Any statutory instrument containing regulations made under this Act (except regulations which, by virtue of any provision of this Act, are of no effect unless approved by a resolution of each House of Parliament) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to make development orders under section 30 and to make orders under sections [F13 4(1)], 26(2)(f)[F14 , (6A) and (6C),[F15 26AB(1),] 31A], 54 and 100(3)(a) or paragraph 7 or 8 of Schedule 1 shall be exercisable by statutory instrument.

(5) Any statutory instrument which contains a development order or an order under section [F16 4(1), 54, 100(3)(a), 241B(3), 241C(6) or 241D(3)(f)] or paragraph 4(5) or 5(5) of Schedule 9 shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F17 (5A) No order made under section 26(6A) [F18 or (6C)][F19 or 26AB(1)] is to be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Scottish Parliament.]

(6) Without prejudice to subsection (5), where a development order makes provision for excluding or modifying any enactment contained in a public general Act (other than an enactment specified in subsection (7)) [F20 or in an Act of the Scottish Parliament (other than a private Act or an enactment specified in subsection (7))] the order shall not have effect until that provision is approved by a resolution of each House of Parliament.

(7) The enactments referred to in subsection (6) are—

F21 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any enactment making such provision as might by virtue of any Act of Parliament [F22 or of the Scottish Parliament] have been made in relation to the area to which the development order applies by means of a byelaw, order or regulation not requiring confirmation by Parliament [F23 or by the Scottish Parliament], and

(c) any enactment which has been previously excluded or modified by a development order, and any enactment having substantially the same effect as any such enactment.

[F24 (7A) On the first occasion on which regulations are made under each of paragraph (d) of section 7(1) and paragraph (a)(i) of section 19(10), the statutory instrument containing the regulations is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.

(7B) A statutory instrument containing regulations made under section 136A(4) or 145A(4) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Parliament.]

[F25 (7BA) Regulations under sections 3CC(3), 3G(5)(b), 26B(5), 40A, 41B(4), 77A(1), 251B(2) and [ ] and paragraph 3 of schedule 5A are subject to the affirmative procedure (as defined by section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).]

(8) Without prejudice to section 14 of the M2 Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

Textual Amendments

F9 S. 275(2A) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 7 para. 20(3) (with s. 111); S.S.I. 2006/268, art. 3(d)

F10 Words in s. 275(2A) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 48(2), 63(2); S.S.I. 2019/385, reg. 2

F11 Second s. 275(2A) inserted (6.2.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(a), 59(2); S.S.I. 2007/49, art. 2, sch.

F12 S. 275(2B): second s. 275(2A) renumbered as s. 275(2B) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 32; S.S.I. 2014/160, art. 2(1)(2), sch.

F13 Word in s. 275(4) substituted (19.5.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(b)(i), 59(2); S.S.I. 2008/164, art. 2(1), S.S.I. 2009/70, art. 2, sch.

F14 Words in s. 275(4) substituted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(4)(a), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/130, art. 2, sch

F15 Word in s. 275(4) inserted (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 63(4)(a), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a)

F16 Words in s. 275(5) substituted (19.5.2008 for specified purposes) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(c), 59(2); S.S.I. 2008/164, art. 2(1)

F17 S. 275(5A) inserted (6.2.2007 for specified purposes, 31.3.2007 in so far as not already in force) by Water Environment and Water Services (Scotland) Act 2003 (asp 3), ss. 24(4)(b), 38(1); S.S.I. 2007/50, art. 2

F18 Words in s. 275(5A) inserted (6.2.2007 for specified purposes, 1.4.2007 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 3(4)(b), 59(2); S.S.I. 2007/49, art. 2, sch., S.S.I. 2007/130, art. 2, sch

F19 Words in s. 275(5A) inserted (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 63(4)(b), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a)

F20 Words in s. 275(6) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(d), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F21 S. 275(7)(a) repealed (1.1.2010) by The Public Health etc. (Scotland) Act 2008 (Commencement No.3, Consequential Provisions and Revocation) Order 2009 (S.S.I. 2009/404), art. 2(4), sch. 4 Pt. 1

F22 Words in s. 275(7)(b) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(e)(i), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F23 Words in s. 275(7)(b) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(e)(ii), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F24 S. 275(7A)(7B) inserted (19.5.2008 for specified purposes, 28.2.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(16)(f), 59(2); S.S.I. 2008/164, art. 2(1), S.S.I. 2009/70, art. 2, sch.

F25 S. 275(7BA) inserted (8.11.2019 for specified purposes, 1.12.2019 for specified purposes, 18.5.2020 for specified purposes) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 9(2); S.S.I. 2019/314, reg. 2; S.S.I. 2019/385, reg. 2; S.S.I. 2020/67, reg. 2

Marginal Citations

M1 1963 c. 51.

M2 1978 c. 30.

[F26 275A Further provision as regards regulations: inquiries etc. S

(1) Subject to any other provision made by this Act as regards the procedure to be followed in connection with inquiries, hearings, referrals or reviews conducted under or by virtue of the Act, the Scottish Ministers may under this subsection make regulations as regards such procedure.

(2) Without prejudice to the generality of subsection (1), such regulations may relate to procedure in connection with matters preparatory to such inquiries, hearings, referrals or reviews and in connection with matters subsequent to them.]

Textual Amendments

F26 S. 275A inserted (12.12.2008) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 52(1), 59(2); S.S.I. 2008/411, art. 2(1)

[F27 275B Directions S

(1) Having given a direction in exercise of a power conferred by virtue of this Act, the Scottish Ministers are to publish—

(a) the direction, and

(b) their reasons for giving it.

(2) Subsection (1) does not apply in relation to the following—

(a) a direction under section 265A,

(b) a direction given before [F28 1 December 2019],

(c) a direction given in the form of a regulation or order (see, for example, section 173(1)).

(3) In this section, “publish” includes, without prejudice to that expression's generality, publish by electronic means (as for example by means of the internet).]

Textual Amendments

F27 S. 275B inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 49(2), 63(2) (with s. 60(2)); S.S.I. 2019/385, reg. 2

F28 Words in s. 275B(2)(b) substituted (18.12.2019) by The Planning (Scotland) Act (Actual Dates) Regulations 2019 (S.S.I. 2019/410), regs. 1, 2(2)

276 Act not excluded by special enactments. S

For the avoidance of doubt it is hereby declared that the provisions of this Act, and any restrictions or powers thereby imposed or conferred in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made by any enactment in force at the passing of the 1947 Act, or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 & 11 Geo. 6, for authorising or regulating any development of the land.

Modifications etc. (not altering text)

C9 S. 276 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4))

S. 276 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

C10 S. 276 applied (4.10.2005) by Inverness Harbour Revision (Works) Order 2005 (S.S.I. 2005/489), arts. 1(1), 15(1) (with reg. 16)

277 Interpretation. S

(1) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section and to any transitional provision made by the M3 Planning (Consequential Provisions) (Scotland) Act 1997—

• “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

• “the 1947 Act” means the M4 Town and Country Planning (Scotland) Act 1947;

• “the 1972 Act” means the M5 Town and Country Planning (Scotland) Act 1972;

• [F29 “address”, in relation to electronic communications, means any number or address used for the purposes of such communications;]

• “advertisement” means any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used or designed, or adapted for use and anything else used, or designed or adapted principally for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• “aftercare condition” has the meaning given by paragraph 2(2) of Schedule 3;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• F30 . . .;

• “breach of condition notice” has the meaning given by section 145;

• “breach of planning control” has the meaning given by section 123;

• “bridleway” has the same meaning as in section 47 of the M6 Countryside (Scotland) Act 1967;

• “building” includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• “building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings and filling in of trenches;

• “building operations” has the meaning given by section 26;

• “caravan site” has the meaning given by section 1(4) of the M7 Caravan Sites and Control of Development Act 1960;

• “common” includes any town or village green;

• “compliance period”, in relation to an enforcement notice, shall be construed in accordance with section 135(11);

• “compulsory acquisition” does not include the vesting in a person by an Act of Parliament [F31 or of the Scottish Parliament] of property previously vested in some other person;

• “conservation area” means an area designated under section 61 of the M8 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

• “depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

• “development” has the meaning given by section 26, and “develop” shall be construed accordingly;

• [F32 “ development consent ” means development consent under the Planning Act 2008; ]

• “development order” has the meaning given by section 30;

• “development plan” shall be construed in accordance with section 24;

• “disposal” F33 ... means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;

• [F29 “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7);]

• [F34 “ enactment ” includes an Act of the Scottish Parliament, an enactment in any local or private Act of Parliament or in any private Act of the Scottish Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament or of the Scottish Parliament, including an order or scheme confirmed by Parliament or by the Scottish Parliament; ]

• “enforcement notice” means a notice under section 127;

• “engineering operations” includes the formation or laying out of means of access to roads;

• “enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission in accordance with section 55;

• “erection”, in relation to buildings as defined in this subsection, includes, extension, alteration and re-erection;

• “footpath” has the same meaning as in section 47 of the M9 Countryside (Scotland) Act 1967;

• “functions” includes powers and duties;

• “government department” includes any Minister of the Crown;

• “heritable security” means—

  (a)

  a heritable security within the meaning of the M10 Conveyancing (Scotland) Act 1924, but excluding F33 ... a real burden ad factum praestandum and including a security constituted by way of ex facie absolute disposition, or

  (b)

  an assignation in security of a lease recorded under the M11 Registration of Leases (Scotland) Act 1857,

  and “heritable creditor” shall be construed accordingly;

• “improvement”, in relation to a road, has the same meaning as in the M12 Roads (Scotland) Act 1984;

• “land” includes land covered with water and any building as defined by this section and, in relation to the acquisition of land under Part VIII, includes any interest in land and any servitude or right in or over land;

• “Lands Tribunal” means the Lands Tribunal for Scotland;

• “lease” includes a sub-lease, but does not include an option to take a lease;

• “local authority” means a council constituted under section 2 of the M13 Local Government etc. (Scotland) Act 1994;

• [F35 “local development plan ” shall be construed in accordance with section 15;]

• [F35 “local developments ” has the meaning given by section 26A;]

• “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984;

• [F35 “ major developments ” has the meaning given by section 26A;]

• “mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land;

• “minerals” includes all substances of a kind ordinarily worked for removal by underground or surface working;

• “mining operations” has the meaning given by section 26;

• “Minister” means any Minister of the Crown or other government department;

• [F35 “national developments” has the meaning given by section 3A(4)(b);]

• [F35 “ National Planning Framework” has the meaning given by section 3A(1);]

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “operational land” has the meaning given by section 215;

• “owner”, in relation to any land, includes (except in [F36 sections 35, 75, 75C, 75D and 75G]) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds 3 years;

• “the planning Acts” means this Act, the M14 Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the M15 Planning (Hazardous Substances) (Scotland) Act 1997 and the M16 Planning (Consequential Provisions) (Scotland) Act 1997;

• “planning authority” has the meaning given by section 1;

• “planning contravention notice” has the meaning given by section 125;

• “planning decision” means a decision made on an application under Part III [F37 or section 242A];

• “planning permission” means permission under Part III [F38 or permission granted on an application made under section 242A];

• “planning permission granted for a limited period” has the meaning given by section 41(3);

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

• “public gas transporter” has the same meaning as in Part I of the M17 Gas Act 1986;

• “purchase notice” has the meaning given by section 88;

• “restoration condition” has the meaning given by paragraph 2(2) of Schedule 3;

• “road” has the same meaning as in the M18 Roads (Scotland) Act 1984;

• “simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 49;

• “statutory undertakers” and “statutory undertaking” have the meanings given by section 214;

• “steps for the protection of the environment” has the meaning given by paragraph 5(3) of Schedule 8;

• “stop notice” has the meaning given by section 140;

• F39 ...

• F39 ...

• F39 ...

• “suspension order” and “supplementary suspension order” have the meanings given by paragraphs 5 and 6 respectively of Schedule 8;

• [F35 “ temporary stop notice” shall be construed in accordance with section 144A; ]

• “tree preservation order” has the meaning given by section 160;

• [F40 “universal postal service provider” means a universal service provider within the meaning of [F41 Part 3 of the Postal Services Act 2011]; and references to the provision of a universal postal service shall be construed in accordance with [F42 that Part];]

• “urban development area” and “urban development corporation” have the same meaning as in section 171 of the M19 Local Government, Planning and Land Act 1980;

• “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations on it;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department; F43 ...

• [F44 “waste” includes anything which is waste for the purposes of section 75(2) of the Environmental Protection Act 1990 (c. 43); and ]

• “the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

F45 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 [( 3 ) If, in relation to anything required or authorised to be done under this Act, any question arises whether land of statutory undertakers is operational land, that question shall be determined by the Scottish Ministers.]

(4) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

[F47 (4A) Where an electronic communication is used for the purpose of serving on, or giving to, a person any notice or other document for the purposes of this Act, and the communication is received by that person–

(a) at any time before the end of a day which is a working day, it shall be deemed to have been received on that day; or

(b) at any time during a day which is not a working day, it shall be deemed to be received on the next working day,

and in this subsection “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971, a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.]

(5) With respect to references in this Act to planning decisions—

(a) in relation to a decision altered on appeal [F48 or review] by the reversal or variation of the whole or part of it, such references shall be construed as references to the decision as so altered;

(b) in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the planning authority and not to the decision of the Secretary of State on the appeal;

[F49 (ba) in relation to a decision upheld on review under section   43A(8)(a) or   (b), such references shall be construed as references to the decision of the person appointed under the scheme of delegation to determine the application and not to the decision of the planning authority on review; ]

(c) in relation to a decision given on an appeal in the circumstances mentioned in section 47(2), such references shall be construed as references to the decision so given;

[F50 (ca) in relation to a decision given on a review under section   43A(8)(c), such references shall be construed as references to the decision so given; ]

(d) the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 47(2), the time when in accordance with that section notification of a decision of the planning authority is deemed to have been received.

[F51 (da) the time of a planning decision—

(i) in the case where there is or was a review under section   43A(8)(a) or   (b), shall be taken to be or have been the time of the decision as made by the person appointed under the scheme of delegation to determine the application (whether or not that decision is or was altered on review); or

(ii) in the case of a decision given on a review under section   43A(8)(c), shall be taken to be or have been the time when the application is deemed to have been refused under section   43A(9).

(6) Section 27 shall apply for determining for the purposes of this Act when development of land shall be taken to be initiated.

(7) In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feuduty and ground annual.

F52 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Without prejudice to section 20(2) of the M20 Interpretation Act 1978, references in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment.

[F54 (11) Any reference in this Act to registering an instrument (or any other document, however described) in the Land Register of Scotland is to be construed as a reference to registering the information contained in the instrument (or other document) in that Register.]]

Textual Amendments

F29 Definitions of “address” and “electronic communication” in s. 277(1) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 6(2)

F30 S. 277(1): definition of “the appropriate Minister” repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(22)(a), Pt. IV; S.I. 1998/3178, art. 3

F31 Words in s. 277(1) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(17)(a)(ii), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F32 Words in s. 277(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 58 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F33 Words in s. 277(1) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 60(5)(a), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F34 Words in s. 277(1) substituted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(17)(a)(iii), 59(2); S.S.I. 2007/130, art. 2(2), sch.

F35 Words in s. 277(1) inserted (1.4.2007 for specified purposes, 25.6.2008 for specified purposes, 12.12.2008 for specified purposes, 28.2.2009 for specified purposes, 6.4.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(17)(a)(i), 59(2); S.S.I. 2007/130, art. 2(2)(3), sch., S.S.I. 2008/164, art. 2(2), sch. (as amended (1.6.2008) by S.S.I. 2008/191, art. 3), S.S.I. 2008/411, art. 2(2)(3)(c), S.S.I. 2009/70, art. 2, sch., S.S.I. 2009/100, art. 2, sch., S.S.I. 2009/219, art. 2, sch.

F36 Words in s. 277(1) substituted (12.12.2008 for specified purposes, 1.2.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(17)(a)(iv), 59(2); S.S.I. 2008/411, art. 2(2)(3)(c), S.S.I. 2010/400, art. 3, sch.

F37 Words in s. 277(1) inserted (11.5.2006) by Planning and Compulsory Purchase Act 2004 (Commencement No.2 and Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/243), arts. 1(1), 4(12)(a)

F38 Words in s. 277(1) inserted (11.5.2006) by Planning and Compulsory Purchase Act 2004 (Commencement No.2 and Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/243), arts. 1(1), 4(12)(b)

F39 Words in s. 277(1) repealed (12.2.2023) by Planning (Scotland) Act 2019 (asp 13), s. 63(2), sch. 2 para. 1(13); S.S.I. 2023/10, reg. 3(2)(e)

F40 Definition of “universal service provider” in s. 277 inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 115 (subject to art. 1(3))

F41 Words in s. 277(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 151(a); S.I. 2011/2329, art. 3

F42 Words in s. 277(1) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 151(b); S.I. 2011/2329, art. 3

F43 Word in s. 277(1) omitted (27.3.2011) by virtue of The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 4

F44 Words in s. 277(1) inserted (27.3.2011) by The Waste (Scotland) Regulations 2011 (S.S.I. 2011/226), regs. 1(1), 4

F45 S. 277(2) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(22)(b), Pt. IV; S.I. 1998/3178, art. 3

F46 S. 277(3) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 127(22)(c); S.I. 1998/3178, art. 3

F47 S. 277(4A) inserted (28.7.2004) by Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), arts. 1(1), 6(3)

F48 Words in s. 277(5)(a) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(6)(a)

F49 S. 277(5)(ba) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(6)(b)

F50 S. 277(5)(ca) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(6)(c)

F51 S. 277(5)(da) inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(6)(d)

F52 S. 277(8) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 60(5)(b), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F53 S. 277(9) repealed (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch.; S.S.I. 2009/219, art. 2, sch.

F54 S. 277(11) added (12.12.2008 for specified purposes, 1.2.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 54(17)(b), 59(2); S.S.I. 2008/411, art. 2(2)(3)(c), S.S.I. 2010/400, art. 3, sch.

Marginal Citations

M3 1997 c. 11.

M4 1947 c. 53.

M5 1972 c. 52.

M6 1967 c. 86.

M7 1960 c. 62.

M8 1997 c. 9.

M9 1967 c. 86.

M10 1924 c. 27.

M11 1857 c. 26.

M12 1984 c. 54.

M13 1994 c. 39.

M14 1997 c. 9.

M15 1997 c. 10.

M16 1997 c. 11.

M17 1986 c. 44.

M18 1984 c. 54.

M19 1980 c. 65.

M20 1978 c. 30.

278 Citation, commencement and extent. S

(1) This Act may be cited as the Town and Country Planning (Scotland) Act 1997.

(2) Except as provided in Schedule 3 to the M21 Planning (Consequential Provisions) (Scotland) Act 1997, this Act shall come into force at the end of the period of 3 months beginning with the day on which it is passed.

(3) Subject to subsection (4), this Act extends to Scotland only.

(4) Section 70 and Schedule 7 extend also to England and Wales.

Marginal Citations

M21 1997 c. 11.