Town and Country Planning (Scotland) Act 1997

189 Compulsory acquisition of land in connection with development and for other planning purposes. S

(1) A local authority shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily any land in their area which—

(a) is suitable for and is required in order to secure the carrying out of development, redevelopment or improvement;

(b) is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.

(2) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) whether land is suitable for development, redevelopment or improvement shall have regard to—

(a) the provisions of the development plan, so far as material,

(b) whether planning permission for any development on the land is in force, and

(c) any other considerations which would be material for the purpose of determining an application for planning permission for development on the land.

[F1 (2A) The Scottish Ministers must not authorise the acquisition of any interest in Crown land unless—

(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b) the appropriate authority consents to the acquisition.]

(3) Where a local authority exercise their powers under subsection (1) in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—

(a) any land adjoining that land which is required for the purposes of executing works for facilitating its development or use, or

(b) where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.

(4) It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (3)(a) is to be undertaken or achieved and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves.

(5) The Secretary of State may authorise a local authority to acquire compulsorily under subsection (1) land which is not in their area.

(6) Before giving an authorisation under subsection (5), the Secretary of State shall consult the local authority within whose area the land is situated.

(7) The M1 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (9) Crown land must be construed in accordance with Part 12.]

Textual Amendments

F1 S. 189(2A) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 3(2) (with s. 111); S.S.I. 2006/268, art. 3(f)

F2 S. 189(8) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(j), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F3 S. 189(9) inserted (12.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 121(4), Sch. 5 para. 3(3) (with s. 111); S.S.I. 2006/268, art. 3(f)

Marginal Citations

M1 1947 c. 42.