Town and Country Planning (Scotland) Act 1954

40 Amendment of s. 20 of principal Act

(1) This section applies to any order made after the commencement of this Act under section nineteen of the principal Act (which empowers local planning authorities to make orders revoking or modifying planning permission previously granted).

(2) In relation to orders to which this section applies—

(a) subsection (1) of section twenty of the principal Act (which confers a right to compensation in respect of orders revoking or modifying planning permission) shall have effect as if the proviso to that subsection (which, with certain exceptions, precludes compensation in respect of the depreciation in value of an interest in the land) were omitted, and

(b) paragraph 1 of the Fourth Schedule to the principal Act shall have effect subject to a proviso that the value of any interest, as calculated for the purpose of assessing compensation payable under section twenty of that Act, may be a minus quantity.

(3) In this Act references to compensation to which this Part of this Act applies are references to compensation payable under subsection (1) of section twenty of the principal Act in consequence of an order to which this section applies, and in this Part of this Act the expression " compensation for depreciation " means so much of any compensation to which this Part of this Act applies as is payable in respect of loss or damage consisting of the depreciation in value of an interest in land.

(4) The provisions of this Part of this Act shall have effect in relation to the provisions of subsection (1) of the said section twenty as applied by subsection (3) of that section (which relates to planning decisions following upon the withdrawal of permission granted by a development order), as they have effect in relation to the said subsection (1) apart from the said subsection (3):

Provided that, for the purposes of the application of the provisions of this Part of this Act in accordance with the preceding provisions of this subsection, references to an order under section nineteen of the principal Act shall be construed as references to the planning decision whereby the permission in question is refused, or is granted subject to such conditions as are mentioned in the said subsection (3).