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Town and Country Planning (Scotland) Act 1997

1997 CHAPTER 8

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Administration

    1. 1. Planning authorities.

    2. 2. Enterprise zones.

    3. 3. Urban development areas.

  2. Part II

    Development Plans

    1. Surveys

      1. 4. Survey of planning districts.

      2. 5. Designation of structure plan areas.

    2. Structure plans

      1. 6. Structure plans: continuity of old and preparation of new plans.

      2. 7. Form and content of structure plans.

      3. 8. Publicity in connection with structure plans.

      4. 9. Alteration and replacement of structure plans.

      5. 10. Approval or rejection of structure plans and proposals for alteration or replacement.

    3. Local plans

      1. 11. Preparation of local plans.

      2. 12. Publicity and consultation.

      3. 13. Alteration of local plans.

      4. 14. Power of Secretary of State to direct making of local plan etc.

      5. 15. Objections: local inquiry or other hearing.

      6. 16. Costs of local inquiry or other hearing.

      7. 17. Adoption of proposals.

      8. 18. Calling in of plan or proposals for approval by Secretary of State.

      9. 19. Approval of plan or proposals by Secretary of State.

    4. Supplementary provisions

      1. 20. Disregarding of representations with respect to development authorised by or under other enactments.

      2. 21. Power of Secretary of State to make regulations as to structure and local plans.

      3. 22. Default powers of Secretary of State.

      4. 23. Reviews of plans in enterprise zones.

      5. 24. Meaning of “development plan”.

    5. General

      1. 25. Status of development plans.

  3. Part III

    Control over Development

    1. Meaning of development

      1. 26. Meaning of “development”.

      2. 27. Time when development begun.

    2. Requirement for planning permission

      1. 28. Development requiring planning permission.

      2. 29. Granting of planning permission: general.

    3. Development orders

      1. 30. Development orders: general.

      2. 31. Permission granted by development order.

    4. Applications for planning permission

      1. 32. Form and content of applications for planning permission.

      2. 33. Planning permission for development already carried out.

    5. Publicity for applications

      1. 34. Publication of notices of applications.

      2. 35. Notice etc. of applications to owners and agricultural tenants.

      3. 36. Registers of applications etc.

    6. Determination of applications

      1. 37. Determination of applications: general considerations.

      2. 38. Consultations in connection with determination of applications.

      3. 39. Power of planning authority to decline to determine applications.

      4. 40. Assessment of environmental effects.

      5. 41. Conditional grant of planning permission.

      6. 42. Determination of applications to develop land without compliance with conditions previously attached.

      7. 43. Directions etc. as to method of dealing with applications.

      8. 44. Effect of planning permission.

      9. 45. Duty to draw attention to certain provisions for benefit of disabled.

    7. Secretary of State’s powers in relation to planning applications and decisions

      1. 46. Call-in of applications by Secretary of State.

      2. 47. Right to appeal against planning decisions and failure to take such decisions.

      3. 48. Determination of appeals.

    8. Simplified planning zones

      1. 49. Simplified planning zones.

      2. 50. Making of simplified planning zone schemes.

      3. 51. Simplified planning zone schemes: conditions and limitations on planning permission.

      4. 52. Duration of simplified planning zone scheme.

      5. 53. Alteration of simplified planning zone scheme.

      6. 54. Exclusion of certain descriptions of land or development.

    9. Enterprise zone schemes

      1. 55. Planning permission for development in enterprise zones.

      2. 56. Effect on planning permission of modification or termination of scheme.

    10. Deemed planning permission

      1. 57. Development with government authorisation.

    11. Duration of planning permission

      1. 58. General condition limiting duration of planning permission.

      2. 59. Outline planning permission.

      3. 60. Provisions supplementary to sections 58 and 59.

      4. 61. Termination of planning permission by reference to time limit: completion notices.

      5. 62. Effect of completion notice.

      6. 63. Power of Secretary of State to serve completion notice.

    12. Variation, revocation and modification of planning permission

      1. 64. Power to vary planning permission.

      2. 65. Power to revoke or modify planning permission.

      3. 66. Procedure for section 65 orders: opposed cases.

      4. 67. Procedure for section 65 orders: unopposed cases.

      5. 68. Revocation and modification of planning permission by the Secretary of State.

    13. References to Planning Inquiry Commissions

      1. 69. Power to refer certain planning questions to Planning Inquiry Commission.

      2. 70. Power to refer certain planning questions to Joint Planning Inquiry Commission.

    14. Other controls over development

      1. 71. Orders requiring discontinuance of use or alteration or removal of buildings or works.

      2. 72. Confirmation by Secretary of State of section 71 orders.

      3. 73. Power of the Secretary of State to make section 71 orders.

      4. 74. Review of mineral planning permissions.

      5. 75. Agreements regulating development or use of land.

  4. Part IV

    Compensation for Effects of Certain Orders, Notices etc.

    1. Compensation for revocation or modification of planning permission

      1. 76. Compensation where planning permission revoked or modified.

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

      3. 78. Apportionment of compensation for depreciation.

      4. 79. Registration of compensation for depreciation.

      5. 80. Recovery of compensation on subsequent development.

      6. 81. Amount recoverable, and provisions for payment or remission.

      7. 82. Provisions for payment or remission of amount recoverable under section 80.

      8. 83. Compensation in respect of orders under section 71 etc.

      9. 84. Special basis for compensation in respect of certain orders affecting mineral working.

      10. 85. Power to make provision for determination of claims.

      11. 86. Lands Tribunal to determine claims if not otherwise provided.

    2. Supplementary provisions

      1. 87. General provisions as to compensation for depreciation under this Part.

  5. Part V

    Rights of Owners etc. to Require Purchase of Interests

    1. Chapter I

      Interests Affected by Planning Decisions or Orders

      1. Service of purchase notices

        1. 88. Circumstances in which purchase notices may be served.

        2. 89. Circumstances in which land incapable of reasonably beneficial use.

      2. Duties of authorities on service of purchase notice

        1. 90. Action by planning authority on whom purchase notice is served.

        2. 91. Procedure on reference of purchase notice to Secretary of State.

        3. 92. Action by Secretary of State in relation to purchase notice.

        4. 93. Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

        5. 94. Effect of Secretary of State’s action in relation to purchase notice.

      3. Compensation

        1. 95. Special provisions as to compensation where purchase notice served.

      4. Special provisions for requiring purchase of whole of partially affected agricultural unit

        1. 96. Counter-notice requiring purchase of remainder of agricultural unit.

        2. 97. Effect of counter-notice under section 96.

        3. 98. Provisions supplemental to sections 96 and 97.

      5. Supplemental

        1. 99. Interpretation of Chapter I.

    2. Chapter II

      Interests Affected by Planning Proposals: Blight

      1. Preliminary

        1. 100. Scope of Chapter II.

      2. Blight notices

        1. 101. Notice requiring purchase of blighted land.

        2. 102. Counter-notice objecting to blight notice.

        3. 103. Further counter-notice where certain proposals have come into force.

        4. 104. Reference of objection to Lands Tribunal: general.

        5. 105. Effect of valid blight notice.

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

        7. 107. Withdrawal of blight notice.

      3. Compensation

        1. 108. Special provisions as to compensation for acquisition in pursuance of blight notice.

      4. Special provisions for requiring purchase of whole of partially affected agricultural units

        1. 109. Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.

        2. 110. Objection to section 109 notice.

        3. 111. Effect of section 109 notice.

      5. Successors, heritable creditors and partnerships

        1. 112. Powers of successors in respect of blight notice.

        2. 113. Power of heritable creditor to serve blight notice.

        3. 114. Prohibition on service of simultaneous notices under sections 101, 112 and 113.

        4. 115. Special provisions as to partnerships.

      6. Miscellaneous and supplementary provisions

        1. 116. Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

        2. 117. Saving for claimant’s right to sell whole hereditament, etc.

        3. 118. No withdrawal of constructive notice to treat.

        4. 119. Meaning of “owner-occupier” and “resident owner-occupier”.

        5. 120. “Appropriate authority” for purposes of Chapter II.

        6. 121. “Appropriate enactment” for purposes of Chapter II.

        7. 122. General interpretation of Chapter II.

  6. Part VI

    Enforcement

    1. Application

      1. 123. Expressions used in connection with enforcement.

      2. 124. Time limits.

    2. Planning contravention notices

      1. 125. Power to require information about activities on land.

      2. 126. Penalties for non-compliance with planning contravention notice.

    3. Enforcement notices

      1. 127. Issue of enforcement notice.

      2. 128. Contents and effect of notice.

      3. 129. Variation and withdrawal of enforcement notice.

      4. 130. Appeal against enforcement notice.

      5. 131. Appeals: supplementary provisions.

      6. 132. General provisions relating to determination of appeals.

      7. 133. Grant or modification of planning permission on appeal against enforcement notice.

      8. 134. Validity of enforcement notices.

      9. 135. Execution and cost of works required by enforcement notice.

      10. 136. Offence where enforcement notice not complied with.

      11. 137. Effect of planning permission etc. on enforcement or breach of condition notice.

      12. 138. Enforcement notice to have effect against subsequent development.

      13. 139. Power of Secretary of State to serve enforcement notice.

    4. Stop notices

      1. 140. Stop notices.

      2. 141. Stop notices: supplementary provisions.

      3. 142. Power of the Secretary of State to serve stop notice.

      4. 143. Compensation for loss due to stop notice.

      5. 144. Penalties for contravention of stop notice.

    5. Breach of condition notices

      1. 145. Enforcement of conditions.

    6. Interdicts

      1. 146. Interdicts restraining breaches of planning control.

    7. Registers

      1. 147. Register of enforcement, breach of condition and stop notices.

    8. Enforcement of orders for discontinuance of use, etc.

      1. 148. Penalties for contravention of orders under section 71 and Schedule 8.

      2. 149. Enforcement of orders under section 71 and Schedule 8.

    9. Certificate of lawful use or development

      1. 150. Certificate of lawfulness of existing use or development.

      2. 151. Certificate of lawfulness of proposed use or development.

      3. 152. Certificates under sections 150 and 151: supplementary provisions.

      4. 153. Offences.

      5. 154. Appeals against refusal or failure to give decision on application.

      6. 155. Further provisions as to appeals to the Secretary of State.

    10. Rights of entry for enforcement purposes

      1. 156. Right to enter without warrant.

      2. 157. Right to enter under warrant.

      3. 158. Rights of entry: supplementary provisions.

  7. Part VII

    Special Controls

    1. Chapter I

      Trees

      1. General duty of planning authorities as respects trees

        1. 159. Planning permission to include appropriate provision for preservation and planting of trees.

      2. Tree preservation orders

        1. 160. Power to make tree preservation orders.

        2. 161. Form of and procedure applicable to orders.

        3. 162. Orders affecting land where Forestry Commissioners interested.

        4. 163. Provisional tree preservation orders.

        5. 164. Power for Secretary of State to make tree preservation orders.

      3. Compensation for loss or damage caused by orders etc.

        1. 165. Compensation in respect of tree preservation orders.

        2. 166. Compensation in respect of requirement as to replanting of trees.

      4. Consequences of tree removal etc.

        1. 167. Replacement of trees.

        2. 168. Enforcement of duties as to replacement of trees.

        3. 169. Appeal against section 168 notice.

        4. 170. Execution and cost of works required by section 168 notice.

        5. 171. Penalties for non-compliance with tree preservation order.

      5. Trees in conservation areas

        1. 172. Preservation of trees in conservation areas.

        2. 173. Power to disapply section 172.

        3. 174. Enforcement of controls as respects trees in conservation areas.

        4. 175. Register of section 172 notices.

      6. Rights of entry

        1. 176. Rights to enter without warrant.

        2. 177. Right to enter under warrant.

        3. 178. Rights of entry: supplementary provisions.

    2. Chapter II

      Land Adversely Affecting Amenity of Neighbourhood

      1. Land adversely affecting other land

        1. 179. Notice requiring proper maintenance of land.

        2. 180. Appeal against notice under section 179.

        3. 181. Register of notices under section 179.

    3. Chapter III

      Advertisements

      1. Advertisement regulations

        1. 182. Regulations controlling display of advertisements.

        2. 183. Power to make different advertisement regulations for different areas.

        3. 184. Planning permission not needed for advertisements complying with regulations.

      2. Repayment of expense of removing prohibited advertisements

        1. 185. Repayment of expense of removing prohibited advertisements.

      3. Enforcement of control over advertisements

        1. 186. Enforcement of control as to advertisements.

        2. 187. Power to remove or obliterate placards and posters.

  8. Part VIII

    Acquisition and Appropriation of Land for Planning Purposes etc.

    1. Acquisition for planning and public purposes

      1. 188. Acquisition of land by agreement.

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

      3. 190. Compulsory acquisition of land by Secretary of State for the Environment.

    2. Powers relating to land held for planning purposes

      1. 191. Disposal of land held for planning purposes.

      2. 192. Disposal by Secretary of State of land acquired under section 190.

      3. 193. Development of land held for planning purposes.

    3. Extinguishment of certain rights affecting acquired or appropriated land

      1. 194. Extinguishment of rights over land compulsorily acquired.

      2. 195. General vesting declarations.

      3. 196. Power to override servitudes and other rights.

      4. 197. Provisions as to churches and burial grounds.

      5. 198. Use and development of land for open spaces.

      6. 199. Displacement of persons from land acquired or appropriated.

      7. 200. Modification of incorporated enactments for purposes of this Part.

      8. 201. Interpretation of this Part.

  9. Part IX

    Roads, Footpaths and Rights of Way

    1. Stopping up and diversion of roads by Secretary of State

      1. 202. Roads affected by development: orders by Secretary of State.

    2. Powers of local authorities to extinguish certain rights

      1. 203. Order extinguishing right to use vehicles on road.

      2. 204. Compensation for orders under section 203.

      3. 205. Provision of amenity for road reserved to pedestrians.

      4. 206. Extinguishment of public rights of way over land held for planning purposes.

    3. Powers of planning authorities to stop up roads, etc.

      1. 207. Roads affected by development: orders by planning authorities.

      2. 208. Footpaths and bridleways affected by development: orders by planning authorities.

    4. Procedure

      1. 209. Procedure for making and confirming orders by Secretary of State and planning authorities.

      2. 210. Recovery of costs of making orders.

    5. Supplementary provisions

      1. 211. Concurrent proceedings in connection with roads.

      2. 212. Telecommunication apparatus.

    6. Temporary road orders: mineral workings

      1. 213. Temporary stopping up of roads, footpaths and bridleways for mineral workings.

  10. Part X

    Statutory Undertakers

    1. Preliminary

      1. 214. Meaning of “statutory undertakers”.

      2. 215. Meaning of “operational land”.

      3. 216. Cases in which land is to be treated as not being operational land.

      4. 217. Meaning of “the appropriate Minister”.

    2. Application of Part III to statutory undertakers

      1. 218. Applications for planning permission by statutory undertakers.

      2. 219. Conditional grants of planning permission.

      3. 220. Development requiring authorisation of government department.

      4. 221. Revocation or modification of permission to develop operational land.

      5. 222. Order requiring discontinuance of use etc. of operational land.

      6. 223. Acquisition of land of statutory undertakers.

    3. Extinguishment of rights of statutory undertakers, etc.

      1. 224. Extinguishment of rights of statutory undertakers: preliminary notices.

      2. 225. Extinguishment of rights of telecommunications code system operators: preliminary notices.

      3. 226. Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

      4. 227. Orders under sections 224 and 225.

    4. Extension or modification of statutory undertakers' functions

      1. 228. Extension or modification of functions of statutory undertakers.

      2. 229. Procedure in relation to orders under section 228.

      3. 230. Relief of statutory undertakers from obligations rendered impracticable.

      4. 231. Objections to orders under sections 228 and 230.

    5. Compensation

      1. 232. Right to compensation in respect of certain decisions and orders.

      2. 233. Measure of compensation to statutory undertakers etc.

      3. 234. Exclusion of section 233 at option of statutory undertakers.

      4. 235. Procedure for assessing compensation.

    6. Advertisements

      1. 236. Special provisions as to display of advertisements on operational land.

  11. Part XI

    Validity

    1. 237. Validity of development plans and certain orders, decisions and directions.

    2. 238. Proceedings for questioning validity of development plans and certain schemes and orders.

    3. 239.