Town and Country Planning (Scotland) Act 1959

1. Introductory Text

2. PART I Compensation for Compulsory Acquisition of Land

   1. 1. General provisions as to measure of compensation

   2. 2. Assumptions as to planning permission

   3. 3. Assumptions not directly derived from development plans

   4. 4. Special assumptions in respect of certain land comprised in development plans

   5. 5. Certification of appropriate alternative development

   6. 6. Appeals against certificates under s. 5

   7. 7. Extension of ss. 5 and 6 to special cases

   8. 8. Supplementary provisions as to certification of appropriate alternative development

   9. 9. Modification of rules for assessment of compensation

   10. 10. Acquisition of houses unfit for human habitation

   11. 11. War-damaged land

   12. 12. Other special cases

   13. 13. Power to pay allowances to persons displaced

   14. 14. Long-standing notices to treat

   15. 15. Rights of owner where notice given of intention to proceed

   16. 16. Recent entry under long-standing notice to treat

   17. 17. Outstanding right to compensation for refusal, conditional grant, revocation or modification of planning permission

   18. 18. Additional compensation for new planning permission in respect of land acquired

   19. 19. Consideration for discharge of feu-duty, etc., in cases falling under s. 18

   20. 20. Supplementary provisions as to compensation under s. 18 and additional consideration under s. 19

   21. 21. Extension of ss. 18, 19 and 20 to planning permission where no planning decision made

   22. 22. Extension of ss. 18, 19 and 20 to Crown development

3. PART II Acquisition, Appropriation and Disposal of Land by Local Authorities and other Public Bodies

   1. 23. Exercise of powers of acquisition by agreement

   2. 24. Exercise of powers of appropriation

   3. 25. Adjustment of accounts on appropriation of land

   4. 26. Amendment of s. 21 of Land Settlement (Scotland) Act, 1919

   5. 27. Exercise of powers of disposing of land

   6. 28. Amendment of s. 168 of Local Government (Scotland) Act, 1947, as to adjustment of accounts on disposal of land

   7. 29. Protection of persons deriving title under transactions requiring consent

   8. 30. General provisions relating to Part II

4. PART III Administrative Procedures and Related Proceedings

   1. 31. Proceedings for challenging validity of certain orders and decisions

   2. 32. Appeals from certain decisions under Town and Country Planning Acts

   3. 33. Procedure in connection with statutory inquiries

   4. 34. Provisions as to purchase notices

   5. 35. Publication of notice of applications for planning permission

   6. 36. Notification of applications for planning permission to owners and agricultural tenants

   7. 37. Enforcement of limitations imposed by development orders

5. PART IV Obligation to purchase interests of owner-occupiers affected by planning proposals

   1. 38. Notice requiring purchase of owner-occupier's interest

   2. 39. Objection to notice requiring purchase of claimant's interest

   3. 40. Reference of objection to Lands Tribunal

   4. 41. Effect of valid notice requiring purchase of claimant's interest

   5. 42. Supplementary provisions relating to Part IV

6. PART V Miscellaneous and Supplementary Provisions

   1. 43. Land declared (otherwise than by development plan) to be subject to compulsory purchase

   2. 44. Compensation for damage to requisitioned land

   3. 45. Acquisition of land in connection with town development schemes

   4. 46. Acquisition of land for trunk and special roads

   5. 47. Advances to highway authorities in respect of land acquired for roads

   6. 48. Amendment of s. 81 of Lands Clauses Consolidation (Scotland) Act, 1845

   7. 49. Recovery of certain sums from acquiring authorities

   8. 50. Application of Act to Crown

   9. 51. Adjustment of unexpended balances of established development value

   10. 52. Provisions as to inquiries, notices and regulations

   11. 53. Financial provisions

   12. 54. Interpretation

   13. 55. Consequential amendments and repeals

   14. 56. Short title, citation, commencement and extent

7. SCHEDULES

   1. FIRST SCHEDULE

      Provisions for taking account of increases in value of contiguous or adjacent land

      1. 1. Subsection (4) of section nine of this Act shall not...

      2. 2. Subsection (4) of section nine of this Act shall also...

      3. 3. Where any such local enactment as is mentioned in the...

      4. 4. (1) Where, for the purpose of assessing compensation in respect...

   2. SECOND SCHEDULE

      Acquisition of Houses as being unfit for Human Habitation

      1. 1. (1) The provisions of this paragraph shall have effect in...

      2. 2. (1) The provisions of this paragraph shall have effect in...

      3. 3. Paragraph 3 of the Fourth Schedule to the Act of...

      4. 4. (1) Where, in the case of a compulsory acquisition to...

      5. 5. (1) Where a local authority have before the commencement of...

      6. 6. In this Schedule " Act of 1950 " means the...

   3. THIRD SCHEDULE

      Application of Sections Eighteen and Nineteen to Special Cases

      1. PART I

         1. Disturbance, severance and injurious affection

            1. 1. The provisions of the next following paragraph shall have effect...

            2. 2. (1) Subject to the next following sub-paragraph.—

         2. Increase in value of contiguous or adjacent land

            1. 3. The provisions of the next following paragraph shall have effect...

            2. 4. (1) Subject to the following provisions of this paragraph—

         3. Land subject to a heritable security

            1. 5. Subject to the provisions of this Schedule relating to land...

            2. 6. For the purposes of the application of section eighteen or...

            3. 7. No compensation shall be payable by virtue of section eighteen...

         4. Land subject to a trust

            1. 8. (1) Where, in a case falling within subsection (1) of...

         5. General provisions

            1. 9. In any case where the conditions mentioned both in paragraph...

            2. 10. (1) The provisions of this Part of this Schedule shall...

      2. PART II

         1. 11. (1) Where in a case falling within subsection (3) of...

      3. PART III

         1. 12. In this Schedule " the relevant date " has the...

   4. FOURTH SCHEDULE

      Authorities to whom Part II applies

      1. 1. A local authority within the meaning of the Local Government...

      2. 2. A joint board or joint committee constituted for the purpose...

      3. 3. A local water authority within the meaning of the Water...

      4. 4. A river purification board established under the Rivers (Prevention of...

      5. 5. Any authority constituted under a local enactment.

   5. FIFTH SCHEDULE

      Supplementary Provisions as to Purchase of Owner-Occupier's Interest

      1. Interpretation of Part IV of Act

         1. 1. (1) If any question arises— (a) whether the appropriate authority...

         2. 2. (1) The definition of " the appropriate enactment" in Part...

         3. 3. (1) The provisions of this paragraph shall have effect in...

         4. 4. Where, in accordance with the last preceding paragraph, land whereof...

         5. 5. (1) For the purposes of the application of Part IV...

      2. Compensation for compulsory acquisition in pursuance of notice under Part IV of Act

         1. 6. The compensation payable in respect of a compulsory acquisition in...

         2. 7. The compensation payable in respect of a compulsory acquisition in...

      3. Withdrawal of notice under Part IV of Act

         1. 8. Subject to the next following paragraph, the person by whom...

         2. 9. A person shall not be entitled by virtue of the...

         3. 10. No compensation shall be payable in respect of the withdrawal...

      4. Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire

         1. 11. (1) The provisions of this paragraph shall have effect where...

         2. 12. (1) The provisions of this paragraph shall have effect where...

      5. Supplementary and general provisions

         1. 13. In relation to any time after the death of a...

         2. 14. Without prejudice to the provisions of paragraph 8 of this...

         3. 15. Expressions used in this Schedule and in Part IV of...

         4. 16. Where by any provision of this Schedule power is conferred...

   6. SIXTH SCHEDULE

      Reduction or Extinguishment of Unexpended Balance of Established Development Value

      1. PART I General Provisions

         1. 1. (1) Where in the case of— (a) a compulsory acquisition...

         2. 2. (1) Where, in connection with a compulsory acquisition to which...

         3. 3. The last preceding paragraph shall have effect in relation to...

         4. 4. In this Schedule " interest in land ", " unexpended...

      2. PART II Special Provisions for Apportionment

         1. Determination of relevant area

            1. 5. (1) Where, in the case of a compulsory acquisition to...

         2. Preliminary calculations

            1. 6. In the case of the interest of the lessor under...

         3. Apportionment of unexpended balance between interests

            1. 7. Where two or more interests, other than excepted interests, subsist...

         4. Interpretation

            1. 8. In this Part of this Schedule the expression "lease" does...

   7. SEVENTH SCHEDULE

      Enactments Amended

      1. The Town and Country Planning (Scotland) Act, 1947

      2. The Town and Country Planning (Scotland) Act, 1954

   8. EIGHTH SCHEDULE

      Enactments Repealed

   9. NINTH SCHEDULE

      Section Seventeen of the Town and Country Planning (Scotland) Act, 1947, as amended