Town and Country Planning (Scotland) Act 1972
Part I
1—3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Development Plans
Survey and structure plan
4 Survey of planning districts.
4A Structure plans.
5 Preparation of structure plans.
6 Publicity in connection with preparation of structure plans.
6A Consultation with other planning authorities.
7 Approval or rejection of structure plan by Secretary of State.
8 Alteration of structure plans.
Local plans
9 Preparation of local plans.
10 Publicity in connection with preparation of local plans.
11 Inquiries, etc. with respect to local plans.
12 Adoption and approval of local plans.
13 Alteration of local plans.
Supplementary provisions
14 Disregarding of representations with respect to development authorised by or under other enactments.
15 Default powers of Secretary of State.
16 Supplementary provisions as to structure and local plans.
17 Meaning of “development plan”.
18 Commencement of Part II and interim provisions.
General
18AStatus of development plans.
Part III General Planning Control
Meaning of development and requirement of planning permission
19 Meaning of “development” and “new development”.
20 Development requiring planning permission.
Development orders
21 Development orders.
Simplified planning zone schemes
21ASimplified planning zones.
21B Simplified planning zone schemes: conditions and limitations on planning permission.
21C Duration of simplified planning zone scheme.
21D Alteration of simplified planning scheme.
21E Exclusion of certain descriptions of land or development.
Applications for planning permission
22 Form and content of applications.
23 Publication of notices of applications.
24 Notification of applications to owners and agricultural tenants.
25 Publicity for applications affecting conservation areas.
Determination by. . . planning authorities of applications for planning permission
26 Determination of applications.
26A Power of planning authority to decline to determine applications.
26B Assessment of environmental effects.
27 Conditional grant of planning permission.
27A Aftercare conditions on permission for winning and working of minerals.
28 Directions, etc. as to method of dealing with applications.
28A Permission to develop land without compliance with conditions previously attached.
29Planning permission for development already carried out.
30 Provisions as to effect of planning permission.
30A Date of planning permission.
31 Information regarding, and registers of, applications and decisions.
31A Power of planning authorities to vary planning permission.
Secretary of State’s powers in relation to planning applications and decisions
32 Reference of applications to Secretary of State.
33 Appeals against planning decisions.
34 Appeal in default of planning decision.
35 Review of planning decisions where compensation claimed.
36 Provisions supplementary to s. 35.
Deemed planning permission
37 Development by local authorities and statutory undertakers with sanction of government department.
Duration of planning permission
38 Limit of duration of planning permission.
39 Outline planning permission.
40 Provisions supplementary to ss. 38 and 39.
41 Termination of planning permission by reference to time limit.
41A Limit of duration of planning permission for winning and working of minerals.
Revocation or modification of planning permission
42 Power to revoke or modify planning permission.
43 Unopposed revocation or modification.
Reference of certain matters to Planning Inquiry Commission or independent tribunal
44 Constitution of Planning Inquiry Commission.
45 References to a Planning Inquiry Commission.
46 Procedure on reference to a Planning Inquiry Commission.
47 Commissions to inquire into planning matters affecting Scotland and England.
48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional powers of control
49 Orders requiring discontinuance of use or alteration or removal of buildings or works.
49A Prohibition of resumption of winning and working of minerals.
49BOrders after suspension of winning and working of minerals.
49CConfirmation and coming into operation of suspension orders.
49DRegistration of suspension orders.
49EReviews of suspension orders.
49FResumption of winning and working of minerals after suspension order.
49GPowers of regional planning authorities regarding orders under sections 49A or 49B.
49H Old mining permissions.
50 Agreements regulating development or use of land.
Determination whether planning permission required
51 Applications to determine whether planning permission required.
Part IV Additional Control in Special Cases
Buildings of special architectural or historic interest
52 Lists of buildings of special architectural or historic interest.
53 Control of works for demolition, alteration or extension of listed buildings
54 Provisions supplementary to s. 53.
54A Limit on duration of listed building consent.
54B [Date of listed building consent.
54C Intimation of notices etc. affecting listed buildings.
54D Application for variation or discharge of conditions.
55 Acts causing or likely to result in damage to listed buildings.
56 Building preservation notice in respect of building not listed.
56AA Power to restrict exemption of certain ecclesiastical buildings.
Hazardous substances]
56A [Hazardous substances.
56B Hazardous substances—statutory undertakers.
56C Requirement of hazardous substances consent.
56D Applications for hazardous substances consent.
56DA Fees.
56E Determination of applications for hazardous substances consent.
56F References to regional planning authority and Secretary of State and appeals.
56G Deemed hazardous substances consent by virtue of authorisation of government department.
56H Grants of hazardous substances consent without compliance with conditions previously attached.
56J Power to revoke or modify hazardous substance consent.
56K Provisions as to effect of hazardous substances consent and change of control of land.
56L Offences.
56M Emergencies.
56N Registers, etc.
56O Health and safety requirements.
Trees
57 Planning permission to include appropriate provision for preservation and planting of trees.
58 Tree preservation orders.
59 Provisional tree preservation orders.
59A Trees in conservation areas.
60 Replacement of trees.
Advertisements
61 Control of advertisements.
62 Application for planning permission not needed for advertisements complying with regulations.
Waste land
63 Proper maintenance of waste land.
63A Appeals against waste land notices.
64—83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Enforcement of Control under Parts III and IV
Introductory
83AExpressions used in connection with enforcement.
83BTime limits.
Planning contravention notices
83CPower to require information about activities on land.
83DPenalties for non-compliance with planning contravention notice.
Development requiring planning permission
84Issue of enforcement notice.
84AAContents and effect of notice.
84ABVariation and withdrawal of enforcement notices.
84A Power of regional planning authority to take enforcement action.
85 Appeal against enforcement notice.
86Offence where enforcement notice not complied with.
87 Stop Notices.
Breach of condition
87AAEnforcement of conditions.
87A Register of waste land, enforcement and stop notices.
88 Execution and cost of works required by enforcement notice.
89 Enforcement notice to have effect against subsequent development.
89A Effect of planning permission, etc., on enforcement or breach of condition notice.
Certificate of lawful use or development
90 Certification of established use.
90ACertificate of lawfulness of proposed use or development.
90BCertificates under sections 90 and 90A: supplementary provisions.
90COffences.
91 Grant of certificate by Secretary of State on referred application or appeal against refusal.
Rights of entry for enforcement purposes
91ARight to enter without warrant.
91BRight to enter under warrant.
91CRights of entry: supplementary provisions.
Listed buildings
92 Power to serve listed building enforcement notice.
93 Appeal against listed building enforcement notice.
94Offence where listed building enforcement notice not complied with.
95 Execution and cost of works required by listed building enforcement notice.
95A Effect of listed building consent on listed building enforcement
96 Enforcement by, or by direction of, the Secretary of State.
97 Urgent works to preserve building.
97A Recovery of expenses of works under s. 97.
97ABFurther provision as to rights of entry in relation to listed buildings.
97ACRights of entry in relation to listed buildings: supplementary provisions.
Hazardous substances
97BPower to issue hazardous substances contravention notice.
97BAVariation of hazardous substances contravention notices.
97BBFurther provision as to rights of entry in relation to hazardous substances control.
97BCRights of entry in relation to hazardous substances control: supplementary provisions.
Trees
98 Penalties for non-compliance with tree preservation order.
99 Enforcement of duties as to replacement of trees.
Rights of entry
99ARights to enter without warrant.
99BRight to enter under warrant.
99CRights of entry: supplementary provisions.
Other controls
100 Enforcement of orders under sections 49, 49A and 49B.
101 Enforcement of control as to advertisements.
101APower to remove or obliterate placards and posters.
Part VI Acquisition and Appropriation of Land and Related Provisions
Acquisition and appropriation of land
102 Compulsory acquisition of land in connection with development and for other planning purposes.
103 Compulsory acquisition of land by Secretary of State for the Environment.
104 Compulsory acquisition of listed building in need of repair.
105 Repairs notice as preliminary to compulsory acquisition under s. 104.
106 Compensation on compulsory acquisition of listed building.
107 Minimum compensation in case of listed building deliberately left derelict.
108 Extinguishment of rights over land compulsorily acquired.
109 Acquisition of land by agreement.
110 Acquisition of land for purposes of exchange.
111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers exercisable in relation to land held for planning purposes, and other related powers
112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 Disposal of land held for planning purposes.
114 Development of land held for planning purposes.
115 Special provisions as to features and buildings of architectural and historic interest.
116 Management etc. of listed buildings acquired by. . . planning authority or Secretary of State.
117 Power to override servitudes and other rights.
118 Provisions as to churches and burial grounds.
119 Use and development of land for open spaces.
120 Displacement of persons from land acquired or appropriated.
Supplementary provisions
121 Modification of incorporated enactments for purposes of Part VI.
122 Interpretation of Part VI.
Part VII Compensation for Planning Decisions Restricting New Development
Unexpended balance of established development value
123 Scope of Part VII.
124 Derivation of unexpended balance from claims under part V of act of 1947.
125 Original unexpended balance of established development value.
126 Claim holdings, their areas and values.
127 Adjustment of claim holdings.
128 General provisions for continuance of unexpended balance.
129 Reduction or extinguishment consequence of compensation.
130 Reduction or extinguishment of balance on initiation of new development.
131 Reduction or extinguishment of balance on acquisition of land under compulsory powers.
132 Reduction or extinguishment of balance in consequence of severance or injurious affection.
133 Supplementary provisions as to deductions from original balance.
134 Provision of information relating to unexpected balance.
Right to compensation
135 General provlslons as to right to compensation.
136 Planning decisions not ranking for compensation.
137 No compensation if certain other development permitted.
138 Further exclusions from compensation.
139 Grant of planning permission treated as subject to notional condition.
140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Measure of compensation
141 General provisions as to amount of compensation.
142 Assessment of depreciation.
Claims for, and payment of, compensation
143 General provisions as to claims for compensation.
144 Effect on claims of direction under s. 35.
145 Determination of claims.
146 Payment of compensation.
Subsequent recovery of compensation
147 Apportionment of, and recording of notice relating to, compensation.
148 Recovery of compensation on subsequent development.
149 Amount recoverable, and provisions for payment or remission thereof.
150 Amount recovered not to be deducted from unexpended balance.
Supplementary provisions
151 Provision for diversion of payments.
152 Calculation of value.
Part VIII Compensation for Other Planning Restrictions
Revocation or modification of planning permission
153 Compensation where planning permission revoked or modified.
153A Compensation for certain orders under s. 42 relating to mineral working to be on special basis.
154 Application of s. 153 to special cases of refusal or conditional grant of planning permission.
155 Recording and apportionment of compensation for depreciation.
156 Contribution by Secretary of State towards compensation in certain cases.
156ARecovery of compensation on subsequent development.
156BAmount recoverable, and provisions for payment or remission thereof.
157 Recovery, on subsequent development, of compensation under s. 153.
Other restrictions
158 Compensation for planning decisions restricting development other than new development.
159 Compensation in respect of orders under s. 49.
159A Compensation in respect of orders under s. 49A and suspension orders.
159B [Compensation on special basis.
160 Compensation for refusal of consent to alteration, etc. of listed building.
161 Compensation where listed building consent revoked or modified.
162 Compensation for loss or damage caused by service of building preservation notice.
163 Compensation in respect of tree preservation orders.
164 Compensation in respect of requirement as to replanting of trees.
165 Compensation for restrictions on advertising.
166 Compensation for loss due to stop notice.
Supplementary provisions
167 General provisions as to compensation for depreciation under Part VIII.
167ARegulations as to compensation in respect of orders relating to mineral working.
167B Orders relating to mineral working— meaning of “special consultations”.
167C Orders relating to mineral working— meaning of “restriction on the winning and working of minerals” and “relevant order”.
168 Determination of claims for compensation.
Part IX Provisions Enabling Owner or Lessee to Require Purchase of his Interest
Interests affected by planning decisions or orders
169 Purchase notice on refusal or conditional grant of planning permission.
170 Action by. . . planning authority on whom purchase notice is served.
171 Procedure on reference of purchase notice to Secretary of State.
172 Action by Secretary of State in relation to purchase notice.
173 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
175 Effect of Secretary of State’s action in relation to purchase notice.
176 Special provisions as to compensation where purchase notice served.
177 Purchase notice in respect of order revoking or modifying planning permission.
178 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works.
179 Purchase notice on refusal or conditional grant of listed building consent.
180 Purchase notices in other cases.
180A Public telecommunications operators.
Interests of owner-occupiers affected by planning proposals
181 Scope of these provisions.
182 Power to serve blight notice.
183 Objection to blight notice.
184 Reference of objection to Lands Tribunal.
185 Effect of valid blight notice.
186 Compensation for compulsory purchase of historic buildings and of land in clearance areas.
187 Withdrawal of blight notice.
188 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
189 Death of claimant after service of blight notice.
190 Power of heritable creditor to serve blight notice.
191 Saving for claimant’s right to sell whole hereditament, etc.
192 Meaning of “owner-occupier” and “resident owner-occupier”.
193 Special provisions as to partnerships.
194“Appropriate authority” for purposes of these provisions.
195“Appropriate enactment” for purposes of these provisions.
196 General interpretation of these provisions.
Supplementary provisions
197 No withdrawal of constructive notice to treat.
Part X Highways
Stopping up and diversion of highways
198 Highways affected by development: orders by Secretary of State.
198A Highways affected by development: orders by planning authorities.
199 Footpaths and bridleways affected by development: orders by local planning authorities.
200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conversion of highway into footpath or bridleway
201 Order extinguishing right to use vehicles on highway.
202 Provision of amenity for highway reserved to pedestrians.
Extinguishment of rights of way
203 Extinguishment of public rights of way over land held for planning purposes.
Procedure for making and confirming orders
204 Procedure for making of orders by Secretary of State.
205 Procedure in anticipation of planning permission, etc.
205A Further procedure in anticipation of planning permission etc.
206 Confirmation of orders made by other authorities.
Supplementary provisions
207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
208 Concurrent proceedings in connection with highways.
209(1) Where in pursuance of an order under section 198,...
210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210A Recovery of costs of making orders relating to roads, paths etc.
Part XI Statutory Undertakers
Preliminary
211 Meaning of “operational land”.
212 Cases in which land is to be treated as not being operational land.
213 Meaning of “the appropriate Minister”.
General provisions
214 Applications for planning permission by statutory undertakers.
215 Development requiring sanction of government department.
216 Revocation or modification of permission to develop operational land.
217 Order requiring discontinuance of use etc. of operational land.
218 Acquisition of land of statutory undertakers.
219 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers.
220 Orders under s. 219.
221 Notice for same purposes as s. 219 but given by statutory undertakers to developing authority.
222 Extension or modification of functions of statutory undertakers.
223 Procedure in relation to orders under s. 222.
224 Relief of statutory undertakers from obligations rendered impracticable.
225 Objections to orders under ss. 222 and 224.
Compensation
226 Right to compensation in respect of certain decisions and orders.
227 Measure of compensation to statutory undertakers.
228 Exclusion of s. 227 at option of statutory undertakers.
229 Procedure for assessing compensation where s. 227 applies.
229A Application of sections 219 to 229 in relation to regional planning authorities.
Supplementary provisions
230 Special provisions as to display of advertisements on operational land.
Part XII Validity of Planning Instruments and Decisions and Proceedings Relating Thereto
231 Validity of development plans and certain orders, decisions and directions.
232 Proceedings for questioning validity of structure plans, etc.
233 Proceedings for questioning validity of other orders, decisions and directions.
234 Appeals to Court of Session against decisions under s. 51.
235 Special provisions as to decisions relating to statutory undertakers.
236 Special provisions as to orders subject to special parliamentary procedure.
Part XIII Financial Provisions
237—239 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grants for research and education
240 Grants for research and education.
Contributions to certain expenditure
241 Contributions by Ministers towards compensation paid by local authorities.
242 Contributions by local authorities and statutory undertakers.
243 Assistance for acquisition of property where objection made to blight notice in certain cases.
Recovery of compensation etc.
244 Recovery from acquiring authorities of sums paid by way of compensation.
245 Recovery from acquiring authorities of sums paid in respect of war-damaged land.
246 Sums recoverable from acquiring authorities reckonable for purposes of grant.
Expenses and receipts of Secretary of State
247 Expenses of government departments.
248 Payments under s. 56 of Act of 1947 and Parts I and V of Act of 1954.
249 General provision as to receipts of Secretary of State.
Expenses of local authorities
250 Expenses of, and borrowing by, local authorities.
Part XIV Application of Act to Special Cases
Minerals
251 Power to modify Act in relation to minerals.
251A Reviews of mineral workings by planning authorities.
252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crown land
253 Exercise of powers in relation to Crown land.
254 Agreements relating to Crown land.
255 Supplementary provisions as to Crown interest.
. . . planning authorities
256 Application to. . . planning authorities of provisions as to planning control and enforcement.
257 Application to. . . planning authorities of provisions as to listed buildings.
257A Application to planning authorities of provisions as to hazardous substances control.
258 Special provisions as to statutory undertakers who are. . . planning authorities.
Special case Regulations
259 National Coal Board.
Part XV Miscellaneous and Supplementary Provisions
260 Default powers of Secretary of State.
Interdicts restraining breaches of planning control
260AInterdicts restraining breaches of planning control.
261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
262 Designation of conservation areas.
262A [Control of demolition in conservation areas.
262B [Formulation and publication of proposals for preservation and enhancement of conservation areas.
262C National Scenic Areas.
263 Assumptions as to planning permission in determining value of interests in land.
264 Recovery, on subsequent development, of payments in respect of war-damaged land.
265 Rights of entry.
266 Supplementary provisions as to rights of entry.
267 Local inquiries.
267A Orders as to expenses of parties where no local inquiry held.
267B Procedure on certain appeals and applications.
268 Inquiries under Private Legislation Procedure (Scotland) Act 1936.
269 Service of notices.
270 Power to require information as to interests in land.
271 Offences by corporations.
272 Combined applications.
273 Regulations and orders.
274 Act not excluded by special enactments.
275 Interpretation.
276 Consequential amendments.
277 Transitional provisions, savings and repeals.
278 General vesting declarations.
279 Commencement of certain provisions.
280 Commencement.
281 Citations and extent.
SCHEDULES
SCHEDULES 1 AND 2
SCHEDULES 3 AND 4
SCHEDULE 5 Development Plans: Transition from Schedule 3 to Part II of this Act
1Until the repeal of Schedule 3 to this Act as...
2On the repeal of the said Schedule as respects any...
3Subject to the following provisions of this Schedule, where by...
4Where a structure plan is in force in any area,...
5Where a structure plan is in force in any area,...
5AOn the adoption or approval of a local plan under...
6Subject to paragraph 7 of this Schedule, the Secretary of...
7Before making an order with respect to a development plan...
8Any reference in paragraphs 1 and 2 of this Schedule...
9In relation to any development plan continued in force by...
SCHEDULE 6 Development not Constituting New Development
Part I Development not Ranking for Compensation under s. 158
1The carrying out of any of the following works, that...
2The use as two or more separate dwellinghouses of any...
Part II Development Ranking for Compensation under s. 158
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Supplementary Provisions
10Any reference in this Schedule to the cubic content of...
11Where, after the appointed day, any buildings or works have...
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13In this Schedule “at a material date” means at either...
14(1) In relation to a building erected after the appointed...
SCHEDULE 6A Simplified Planning Zone Schemes
General
1A simplified planning zone scheme shall consist of a map...
Proposals to make or alter scheme
2(1) A planning authority may at any time decide to...
Power of Secretary of State to direct making or alteration of scheme
3(1) If a person requests a planning authority to make...
4(1) A simplified planning zone direction is—
Publicity and consultation: general
5(1) A planning authority who propose to make or alter...
Publicity and consultation: expedited procedure
6(1) The documents sent by the planning authority to theSecretary...
Objections: local inquiry or other hearing
7(1) The planning authority may cause a local inquiry or...
Adoption of proposals by planning authority
8(1) After the expiry of the period afforded for making...
Calling in of proposals for approval by Secretary of State
9(1) After copies of proposals have been sent to the...
Approval of the proposals by Secretary of State
10(1) The Secretary of State may after considering proposals submitted...
Default powers
11(1) Where by virtue of any of the preceding provisions...
Regulations and directions
12(1) Without prejudice to the preceding provisions of this Schedule,...
SCHEDULE 7 Determination of Certain Appeals by Person Appointed by Secretary of State
Determination of appeals by appointed person
1(1) An appeal to which this Schedule applies, being an...
Powers and duties of person determining appeal
2(1) A person appointed under this Schedule to determine an...
3A(1) The Secretary of State may by a further direction...
Determination of appeals by Secretary of State
3(1) The Secretary of State may, if he thinks fit,...
3A(1) The Secretary of State may by a further direction...
Appointment of another person to determine appeal
4(1) Where the Secretary of State has appointed a person...
Local inquiries and hearings
5(1) A person appointed under this Schedule to determine an...
Stopping of appeals
6If before or during the determination of an appeal under...
Supplementary provisions
7(1) The Tribunals and Inquiries Act 1971 shall apply to...
SCHEDULE 8 Construction of References in Sections 45 and 46 to “The Responsible Minister or Ministers”
1In relation to matters specified in the first column of...
2Where an entry in the second column of the Table...
SCHEDULE 9 Joint Planning Inquiry Commissions
Interpretation
1In relation to matters specified in the first column of...
2In this Schedule— (a) “ Act of 1990 ” means...
The reference
3Two or more of the matters mentioned in subsection (1)...
4Where a referred matter relates to a proposal to carry...
5The responsible Ministers shall, on referring a matter to a...
6(1) A reference to a commission of a proposal that...
Notice of reference to persons and authorities concerned
7(1) Notice of the making of a reference to a...
Proceedings of commission on reference
8A commission inquiring into a referred matter shall—
9A commission shall afford the following persons an opportunity of...
10The provisions of sections 32(5) and 33(4) of this Act...
Local inquiries
11A commission shall, for the purpose of complying with paragraph...
12Where a commission are to hold a local inquiry in...
13For the purposes of the Tribunals and Inquiries Act 1971...
14(1) Subsections (4) to (9) of section 267 of this...
Supplementary
15(1) A commission may, with the approval of the Ministers...
16Subject to the provisions of this Schedule, and to any...
SCHEDULE 10 Control of Works for Demolition, Alteration or Extension of Listed Buildings
Part I Applications for Listed Building Consent
Form of application and effect of consent
1(1) An application for listed building consent shall be made...
2(1) Regulations under this Act may provide that an application...
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reference of applications to Secretary of State
4(1) The Secretary of State may give directions requiring applications...
5(1) Subject to the following provision of this paragraph, a....
6(1) The Secretary of State may give directions that, in...
Appeal against decision
7(1) Where an application is made to the planning authority—...
Appeal in default of decision
8(1) Where an application is made to the. . ....
Part II Revocation of Listed Building Consent
9(1) If it appears to the. . . planning authority,...
10(1) If it appears to the Secretary of State, after...
11(1) The following provisions shall have effect where the. ....
Part III Provisions Applicable on Lapse of Building Preservation Notice
12The provisions of this Part of this Schedule apply where...
13The fact that the building preservation notice has ceased to...
14Any proceedings on or arising out of an application for...
15Any listed building enforcement notice served by the. . ....
Schedule 10a Registration of old mining permissions
Application for registration
1(1) Any person who is an owner of any land...
Determination of conditions
2(1) The conditions to which an old mining permission is...
Registration
3(1) Where an application for the registration of an old...
General provisions about applications
4(1) An application under paragraph 1 or 2 above is...
Right of appeal
5(1) Where the planning authority— (a) refuse an application under...
Determination of appeal
6(1) On an appeal under paragraph 5 above the Secretary...
Reference of applications to Secretary of State
7(1) The Secretary of State may give directions requiring applications...
Two or more applicants
8(1) Where a person has served an application under paragraph...
Application of provisions relating to planning permission
9(1) Subject to paragraph 3 above, section 31 of this...
Interpretation
10(1) In this Schedule— “ official form ” means, in...
SCHEDULE 11
SCHEDULE 12 Provisions as to Established use Certificates
Application for certificate and appeal against refusal thereof
1An application for an established use certificate shall be made...
2Provision may be made by a development order for regulating...
3(1) A development order may provide that an application for...
Provisions with respect to grant of certificate
4An established use certificate shall be in such form as...
5Where the Secretary of State or a person appointed by...
6In section 31 of this Act references to applications for...
SCHEDULE 13 Adjustment of Claim Holdings
Part i Adjustment of Claim Holdings assigned to Central Land Board as Security for Development Charges
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Adjustment by Reference to Payments in Respect of War-Damaged Land
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III
11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 14
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 15
Determination of relevant area
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preliminary calculations
2. . . . . . . . . ....
Apportionment of unexpended balance between interests
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of Schedule to past acquisitions
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Interpretation
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 16 Condition Treated as Applicable to Rebuilding and Alterations
1Where the building to be rebuilt or altered is the...
2Where the building to be rebuilt or altered is not...
3In determining under this Schedule the purpose for which floor...
4For the purposes of this Schedule gross floor space shall...
5In relation to a building erected after the appointed day,...
SCHEDULE 17 Proceedings on Listed Building Purchase Notice
Action by planning authority on whom listed building purchase notice is served
1(1) The planning authority on whom a listed building purchase...
Action by Secretary of State in relation to listed building purchase notice
2(1) Subject to the following provisions of this paragraph, if...
Effect of Secretary of State’s action in relation to listed building purchase notice
3(1) Where the Secretary of State confirms a listed building...
Special provision as to compensation where listed building purchase notice served
4Where in consequence of listed building consent being revoked or...
SCHEDULE 18 Procedure in connection with Orders relating to Footpaths and Bridleways
Part I Confirmation of Orders
1(1) Before an order under section 198A, 199, , 201...
2If no representations or objections are duly made, or if...
3(1) If any representation or objection duly made is not...
4(1) The Secretary of State shall not confirm an order...
5Regulations under this Act may, subject to this Part of...
Part II Publicity for Orders after Confirmation
6As soon as may be after an order under section...
SCHEDULE 19 Provisions of this Act referred to in Sections 250, 251, 256, 257 and 259 and Paragraphs 70 and 71 of Schedule 22
Part I
Part II
Part III
Part IV
SCHEDULE 20 Enactments Exempted from Section 273(6) of this Act
1Section 32(1) of the Public Health (Scotland) Act 1897.
2Section 158 of the Burgh Police (Scotland) Act 1892, as...
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Any enactment making such provision as might by virtue of...
5Any enactment which has been previously excluded or modified by...
SCHEDULE 21 Consequential Amendments
Part IThe Land Compensation (Scotland) Act 1963 (c. 51)
Part II
The Finance Act 1931 (c. 28)
The Building Restrictions (War-Time Contraventions) Act 1946 (c. 35)
The Town and Country Planning (Scotland) Act 1947 (c. 53)
The Building (Scotland) Act 1959 (c. 24)
Section 17(2) shall be amended as follows:— for paragraph (b)...
The Town and Country Planning (Scotland) Act 1959 (c. 70)
The Gas Act 1965 (c. 36)
In section 4(7), for the words “the Town and Country...
In section 28(1)— in the definition of “local planning authority”,...
The Housing (Scotland) Act 1966 (c. 49)
The Local Government (Scotland) Act 1966 (c. 51)
The Land Commission Act 1967 (c. 1)
In section 99— in subsection (1), after the words “...
The Forestry Act 1967 (c. 10)
In section 9(4)(d), for the words “the Town and Country...
The Agriculture Act 1967 (c. 22)
The Civic Amenities Act 1967 (c. 69)
The Public Expenditure and Receipts Act 1968 (c. 14)
The Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)
The Transport Act 1968 (c. 73)
In section 108— in subsection (2), for the words “section...
The Post Office Act 1969 (c. 48)
In Schedule 4— in paragraph 92(1), for the words from...
SCHEDULE 22 Transitional Provisions and Savings
Part I General Provisions
1(1) In so far as anything done under an enactment...
2Without prejudice to section 276 of, and Schedule 21 to,...
3Where any period of time specified in an enactment repealed...
4Without prejudice to paragraph 1 of this Schedule, any reference...
5(1) Nothing in this Act shall affect the enactments repealed...
6(1) Any reference in this Act to an order or...
Part II Central and Local Administration
Transfer of property and officers to planning authorities
7Nothing in this Act shall affect, or be treated as...
Part III Development Plans
Effect of existing commencement orders
8(1) In relation to so much of any order made...
Part IV General Planning Control
Planning permission: general
9Subsection (1) of section 20 of this Act applies (subject...
10In sections 23 and 24 of this Act references to...
11Subsection (2)(b) of section 23, and the other provisions of...
12Where by virtue of the proviso to subsection (3) of...
Review of planning decisions and orders under Part V of Act of 1954
13For the purposes of paragraph 1 of this Schedule, any...
Duration of planning permission
14Sections 38 and 39 of this Act do not apply...
15(1) Subject to sub-paragraph (2) of this paragraph, every planning...
16(1) Subject to sub-paragraph (2) of this paragraph, where before...
17(1) In sections 27(3), 40(1), (5), (6) and (7), 41...
18Until the coming into operation of the first regulations to...
Part V Additional Control in Special Circumstances
Buildings of architectural or historic interest
19Section 53(1) of this Act does not apply to any...
20(1) Where, before 3rd August 1970, consent under a building...
Replacement of trees
21Section 57 of this Act does not apply in relation...
22—25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VI Enforcement of Control
Enforcement notices under enactments in force before 8th December 1969
26(1) This paragraph applies to any enforcement notice which was...
Enforcement notices served by virtue of section 72 of Act of 1947
27(1) This paragraph applies to any enforcement notice served before...
28In so far as an enforcement notice could, if this...
29(1) Where an enforcement notice served by virtue of paragraph...
30(1) The power of a planning authority under Part III...
31Where in pursuance of paragraph 76(3) of this Schedule permission...
32The repeal by this Act of section 72 of the...
Enforcement of building preservation orders
33The repeal by the Act of 1969 of section 27...
Enforcement of duties as to trees
34Subsection (3) of section 99 of this Act shall not...
Part VII Acquisition of Land etc.
Consent of Minister to acquisition, appropriation or disposal of land
35Nothing in Part I of this Schedule shall be construed...
Existing compulsory purchase orders
36(1) Sections 102 and 103 of this Act shall not...
37The repeals effected by this Act shall not affect the...
38Any compulsory purchase order made or confirmed under Part I...
Application of Part VI to land acquired or authorised to be acquired under previous enactments
39The provisions of Part VI of this Act shall have...
40For the purposes of Part VI of this Act—
41The reference in subsection (1) of section 122 of this...
Provisions as to Central Land Board
42Section 117 of this Act shall have effect in relation...
Part VIII Compensation Under Part VII of this Act
Compensation under Part V of Act of 1954
43(1) Subject to the following provisions of this paragraph, for...
Provision excluding recovery of compensation
44For the purposes of the construction, in accordance with Part...
Part IX Compensation Under Part VIII of this Act
Compensation to statutory undertakers
45Subsection (3) of section 154 of this Act shall not...
Contribution by Secretary of State towards compensation
46For the purposes of the construction of section 156(1) of...
Recovery of compensation
47For the purposes of the construction of section 157(3) of...
Part X Blight Notices
Notices served before 8th December 1969 or 18th May 1970
48In relation to a notice served under section 38 of...
Temporary inclusion of additional description of blighted land
49(1) For the purposes of the application of sections 181...
Part XI Highways
Provisions as to telegraphic lines
50(1) In relation to an order made under section 46...
Part XII Statutory Undertakers
Application of ss. 214 to 220 to matters arising before 8th December 1969
51(1) This paragraph shall have effect as respects the application,...
Extinguishment of rights: notices served before 8th December 1969
52In relation to a notice served before 8th December 1969,...
Application of section 219 to land acquired by Central Land Board
53In section 219(1) of this Act, the reference to land...
Right to compensation for decisions made before 8th December 1969
54In its application, by virtue of Part I of this...
Enactments applying section 24 of Act of 1945
55(1) This paragraph shall have effect for the purposes of...
Part XIII Validity of Planning Decisions etc.
Orders made and action taken before 16th August 1959
56(1) Notwithstanding anything in Part I of this Schedule, the...
57Section 234 of this Act does not apply to any...
Directions under Part V of Act of 1954
58For the purposes of the construction, in accordance with Part...
Part XIV Financial Provisions
Grants
59Nothing in this Act shall affect the payment (whether before...
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of sums from acquiring authorities
61(1) In relation to any acquisition or sale of an...
62Section 245 of this Act shall have effect in relation...
Treatment of sums received under section 248(4) before 1st April 1968
63Any sums received by the Secretary of State before 1st...
Part XV Special Cases
Minerals
64In relation to any time before 10th April 1966, section...
National Coal Board
65Until the coming into operation of the first regulations made...
Part XVI Miscellaneous and Supplementary
Rights and liabilities in respect of certain payments
66(1) The repeals effected by this Act shall not affect...
Registration of payments under s. 58 of Act of 1954
67(1) The repeals effected by this Act shall not affect...
Entitlement to, and amount of, compensation etc. in cases arising before 25th February 1963
68Notwithstanding Part I of this Schedule, the following provisions of...
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saving in respect of works below high-water mark
71Nothing in the provisions of this Act specified in Part...
Land Compensation (Scotland) Act 1963 s. 39
72Any reference in this Act to the power conferred by...
References to Ministers: previous Transfer of Functions Orders
73(1) Where the functions of a Minister under any enactment...
Schemes and agreements under enactments repealed by Act of 1947
74(1) The repeal effected by this Act shall not affect...
75(1) The repeal effected by this Act shall not affect...
Development authorised under enactments repealed by Act of 1947
76(1) Where any works on land existing at the appointed...
77(1) Where permission for any development of land was granted,...
78(1) Where any works for the erection or alteration of...
79(1) Any reference in Part VII of this Act, or...
Supplementary
80(1) Where in this Act (including this Schedule except Part...
SCHEDULE 23 Repeals
SCHEDULE 24 General Vesting Declarations
Part I General Provisions
Execution of general vesting declarations
1(1) Where a compulsory purchase order authorising an acquiring authority...
2(1) Before making a general vesting declaration with respect to...
3A general vesting declaration shall not be executed before the...
4As soon as may be after executing a general vesting...
5For the purposes of this Schedule, a certificate by the...
Effect of general vesting declaration
6At the end of the period specified in a general...
7At the end of the period specified in a general...
8Where any land specified in a general vesting declaration is...
Recovery of compensation overpaid
9The provisions of paragraphs 10 to 14 below shall have...
10If, in a case falling within paragraph 9 above, it...
11If in a case falling within paragraph 9 above, it...
12Any question arising under paragraph 10 or 11 above—
13Subject to paragraph 12 above, any amount recoverable by the...
14Any sum recovered under paragraph 10 or 11 above in...
Penalty for false information in claiming compensation
15(1) If any person for the purpose of obtaining for...
Part II Supplementary Provisions
16The provisions contained in this Part of this Schedule shall...
Exclusion of power of entry under the Acquisition Act 1947
17Paragraph 3 of Schedule 2 to the Acquisition Act 1947...
Restriction on withdrawal of constructive notice to treat
18The power conferred by section 39 of the Land Compensation...
Objection to severance
19Paragraph 4 of Schedule 2 to the Acquisition Act 1947...
20(1) If a general vesting declaration under this Act comprises...
21Where a notice of objection to severance is served in...
22Within three months after a person has served on an...
23If the acquiring authority do not take action in accordance...
24Where in accordance with paragraph 22 or 23 above the...
25Where an acquiring authority take action in accordance with sub-paragraph...
26Where in accordance with paragraph 22(c) above an acquiring authority...
27(1) If on such a reference the Lands Tribunal does...
28Where by virtue of paragraph 22(a), 23, 25 or 27...
29(1) Where in accordance with paragraph 20(1) above a person...
Compensation
30Where any of the land specified in a general vesting...
31Sections 56 to 60 and sections 63 to 66 of...
Charges and tenancies
32(1) Where land specified in a general vesting declaration under...
33Where land specified in a general vesting declaration under this...
34Where any of the land specified in a general vesting...
Miscellaneous
35Where, after land has become vested in an acquiring authority...
36(1) The time within which a question of disputed compensation,...
37At the end of the period specified in a general...
Part III Interpretation
38(1) In this Schedule “short tenancy” means a tenancy for...
39In this Schedule— “Acquisition Act 1947” means the Acquisition of...

Town and Country Planning (Scotland) Act 1972

1972 c. 52

C1C2C3C4C5C6C7C8E1C9C10C11An Act to consolidate certain enactments relating to town and country planning in Scotland with amendments to give effect to recommendations of the Scottish Law Commission.

Annotations:
Extent Information
E1

Act, except so far as it provides for Joint Planning Inquiry Commissions, extends to Scotland only, see s. 281(3)

Modifications etc. (not altering text)
C3

Power to apply provisions of the Act conferred by Town and Country Planning Act 1984 (c. 10, SIF 123:1, 2), s. 3(9)

C9

Act amended (1.5.1994) by S.I. 1994/1056, regs. 1(3), 19, Sch. 4 Pt. I para. 11

C10

Act applied (with modifications) (30.10.1994) by S.I. 1994/2716, reg. 58(4)(b)

C11

Act construed (S.) (30.10.1994) as one with S.I. 1994/2716, regs. 54-67 by virtue of S.I. 1994/2716, reg. 68(b)