Housing and Town Development (Scotland) Act 1957

Town Development Schemes

10Town development schemes

(1)Where a receiving authority consider it expedient that, in conjunction with any housing accommodation proposed to be provided in their district in pursuance of arrangements such as are mentioned in subsection (1) of section eight of this Act there should be carried out other development, including the provision of all or any of the following, namely, accommodation for the carrying on of industrial or other activities, appropriate public services, facilities for public worship, recreation and amenity and other requirements, they may, subject to the following provisions of this Part of this Act, make and submit to the Secretary of State a scheme containing proposals for that development related to the proposals as to the housing accommodation; and on approval by the Secretary of State any such scheme (hereinafter referred to as a " town development scheme ") shall have effect for the purposes of this Part of this Act, and any duty which it proposes should be undertaken by the receiving or any public authority shall be a duty of that authority.

(2)A town development scheme may be extended or amended by a subsequent town development scheme.

(3)The provisions of the Second Schedule to this Act shall have effect with respect to the contents, submission and approval of, and other matters connected with, town development schemes.

(4)The Secretary of State shall not approve any town development scheme unless he is satisfied—

(a)that the execution of the scheme will be consistent with the proper planning of the area to which the scheme relates, and

(b)that if he were to withhold approval the development proposed therein, either by itself or along with commitments already undertaken or proposed to be undertaken by way of overspill agreements or other town development schemes by the receiving authority, would impose an unreasonable burden on the financial resources of the receiving authority.

(5)Subject to the foregoing provisions of this section and to the provisions of the Second Schedule to this Act, the Secretary of State may approve a town development scheme without modification or with such modifications as appear to him to be expedient, so however that no such modification shall impose on any authority any duty other than a duty relating to any water supply or sewerage service required for the purposes of the scheme.

(6)References in this Part of, and in the Second Schedule to, this Act to a receiving or exporting authority in relation to a town development scheme are references respectively to the receiving authority who promoted, or are promoting, the scheme and to the exporting authority to meet the needs of whose district the housing accommodation to which the scheme relates is, or is to be, provided.

11Provision of water supplies and sewerage services under town development schemes

(1)A town development scheme may provide that any water supply or sewerage service required for the purposes of the scheme shall be provided by such public authority as may be specified in the scheme, notwithstanding that that authority are not the authority who, apart from such provision of the scheme would be responsible for providing the supply or service (in this section referred to as the " authority generally responsible "): and in that case all functions conferred by any enactment or agreement on the authority generally responsible, so far as relating to the supply or service required, shall, subject to the next following section, be exercisable by the authority so specified, and not by the authority generally responsible.

(2)Any public authority upon whom a function is conferred by a town development scheme by virtue of the last foregoing subsection shall have the like power to construct, operate and maintain, whether within or outside their district, any works necessary for the exercise of the function, as if the works were within and for the benefit of their district.

12Allocation of expenditure on water supplies and sewerage services under town development schemes

(1)Where a public authority, not being the receiving authority, incur expenditure in providing any water supply or sewerage service for the purposes of a town development scheme, they shall be entitled to recover an amount equal to that expenditure from the receiving authority only.

(2)Notwithstanding any enactment or agreement to a contrary effect any expenditure incurred as aforesaid and the rateable valuation of the area for which the supply or service is provided shall be disregarded for the purposes of any allocation (whether under any enactment or under any agreement) between authorities of the expenses of providing a supply or service of the kind in question.

(3)The Secretary of State may by order made by statutory instrument provide that this section shall cease to have effect in relation to any town development scheme or in relation to any supply or service provided for the purposes of any such scheme:

Provided that no order shall be made under this subsection without the consent of the receiving authority and the public authority providing the supply or service in question.

(4)In this section " rateable valuation " in relation to any area has the same meaning as in the Valuation and Rating (Scotland) Act, 1956.

13Powers as to acquisition and use of land for the purposes of town development schemes

(1)Where as respects any land which is—

(a)comprised in an area to which a town development scheme relates, and

(b)not designated by an operative development plan within the meaning of the Town and Country Planning (Scotland) Act, 1947, as subject to compulsory acquisition,

the Secretary of State is satisfied that it is necessary for the proper execution of the town development scheme that the land should be acquired by the receiving authority under this section he may authorise that authority to acquire the land compulsorily in accordance with this section.

(2)The Acquisition of Land (Authorisation Procedure) (Scotland) Act, 1947, shall apply to the compulsory acquisition of land under this section and, accordingly, shall have effect as if this section had been in force immediately before the commencement of that Act.

(3)This section shall, for the purposes of any enactment containing a reference to section thirty-five of the Town and Country Planning (Scotland) Act, 1947 (which relates to the acquisition of land for planning purposes) be treated as forming part of the said section thirty-five, and shall in particular be so treated for the purposes of subsection (1) of section thirty-six, subsection (1) of section thirty-seven, and subsection (2) of section forty-two of that Act, and of subsection (1) of section eighteen of the Town and Country Planning (Scotland) Act, 1945 ; and the reference to subsection (2) of the said section thirty-five in paragraph 8 of the Fifth Schedule to the said Act of 1945 shall include a reference to this section.

(4)This section shall be construed as one with Part III of the Town and Country Planning (Scotland) Act, 1947 (which contains provisions as to the acquisition and disposal of land for planning purposes).

(5)In relation to the acquisition of land under this section, and to any land acquired under this section or appropriated for any purpose for which land can be acquired under this section.—

(a)section nineteen of the Town and Country Planning (Scotland) Act, 1945, and the enactments referred to in this section shall have effect as if any reference therein to a local planning authority included a reference to a receiving authority who are not a local planning authority; and

(b)subsection (2) of section eighteen of the said Act of 1945 shall have effect as if for any reference therein to the best use of land or to the proper planning of the area of the authority there were substituted a reference to the proper execution of the town development scheme.

14Exchequer contributions towards receiving authorities' expenses under town development schemes

(1)Where in the execution of a town development scheme the receiving authority incur expenditure in connection with—

(a)the acquisition of land situated within the area to which the scheme relates or the clearing or preliminary development of land so situated, or

(b)the provision, for the purposes of the scheme, of any water supply or sewerage service,

the Secretary of State shall pay to the receiving authority contributions towards that expenditure of such amounts, and payable in such cases, over such periods and subject to such conditions, as may be determined by or under regulations made by him, in accordance with section one hundred and seventy-three of the principal Act, with the consent of the Treasury.

(2)Regulations made under this section may provide for the payment of contributions thereunder, in such cases and subject to such conditions as may be determined by or under the regulations, in respect of land appropriated by a receiving authority for any purpose approved by the Secretary of State in accordance with the regulations, as if the land had been acquired for that purpose at a cost of such amount, and defrayed in such manner, as may be so determined.

(3)Without prejudice to the generality of the foregoing provisions of this section, any regulations made under this section may provide—

(a)for the inclusion in the expenditure incurred by a receiving authority towards which contributions under this section are to be paid, of any sums, or any part of any sums, paid by the authority in connection with any restriction imposed by or under any enactment on the development or use of any land to which the scheme relates (whether by way of compensation or by way of contribution towards damage or expense incurred in consequence of the restriction);

(b)for the calculation of contributions payable under this section by reference to the amount of the annual costs incurred or treated as being incurred by receiving authorities in respect of the borrowing of money to defray expenditure towards which the contributions are made, or by reference to the excess of such annual costs over such receipts of those authorities, or over the annual value of such receipts, as may be prescribed by the regulations.

(4)In this section the expression " preliminary development in relation to land situated within the area to which a town development scheme relates, means the carrying out of any work determined in accordance with the regulations to be work preparatory to the development of the land for the purposes of executing the scheme, or work comprised in the initial stages of such development.