Part 7Crown application of planning Acts
Chapter 2Scotland
Enforcement
94Enforcement in relation to Crown land: Scotland
(1)
In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 245 (exercise of powers in relation to Crown land) is omitted.
(2)
“245AEnforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2)
A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3)
The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land,
(b)
initiating proceedings,
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice,
(b)
the making of an order (other than a court order).”
(3)
“245BReferences to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2)
Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”
(4)
“73DEnforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2)
A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3)
The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land,
(b)
initiating proceedings,
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice,
(b)
the making of an order (other than a court order).
73EReference to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2)
Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”
(5)
“30BEnforcement in relation to the Crown
(1)
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2)
A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3)
The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4)
A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5)
A step taken for the purposes of enforcement includes—
(a)
entering land,
(b)
initiating proceedings,
(c)
the making of an application.
(6)
A step taken for the purposes of enforcement does not include—
(a)
service of a notice,
(b)
the making of an order (other than a court order).
30CReference to an interest in land
(1)
Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2)
Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3)
An interest in land includes an interest only as occupier of the land.”