Town and Country Planning (Scotland) Act 1997

77 Compensation for refusal or conditional grant of planning permission formerly granted by development order. S

(1) Where—

(a) planning permission granted by a development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order), and

(b) on an application made under Part III [F1 or section 242A] planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order,

section 76 shall apply as if the planning permission granted by the development order—

(i) had been granted by the planning authority under Part III [F2 or section 242A], and

(ii) had been revoked or modified by an order under section 65.

(2) Where planning permission granted by a development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation.

(3) This section does not apply in relation to planning permission for the development of operational land of statutory undertakers.

(4) Regulations may provide that subsection (1) shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.

Textual Amendments

F1 Words in s. 77(1)(b) 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(6)(a)

F2 Words in s. 77(1)(i) 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(6)(b)

Modifications etc. (not altering text)

C1 S. 77 applied (29.7.2021) by Space Industry Act 2018 (c. 5), ss. 47(3)(b), 70(1); S.I. 2021/817, reg. 2, Sch. para. 84 (with reg. 3)