Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

275 Interpretation.S

(1)In this Act, except in so far as the context otherwise requires and subject to the transitional provisions herein after contained, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “acquiring authority”, in relation to the acquisition of an interest in land (whether compulsorily or by agreement) or to a proposal so to acquire such an interest, means the government department, local authority or other body by whom the interest is, or is proposed to be, acquired;

• “the M1Act of 1945” means the Town and Country Planning (Scotland) Act 1945;

• “the M2Act of 1947” means the Town and Country Planning (Scotland) Act 1947;

• “the M3Act of 1954” means the Town and Country Planning (Scotland) Act 1954;

• “the M4Act of 1959” means the Town and Country Planning (Scotland) Act 1959;

• “the M5Act of 1969” means the Town and Country Planning (Scotland) Act 1969;

• “advertisement” means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used, or adapted for use, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;

• [F2“aftercare condition” has the meaning assigned to it by section 27A(2) of this Act;]

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;

• “the appointed day” means 1st July 1948;

• “the appropriate Minister” has the meaning assigned to it by section 213 of this Act;

• “area of extensive war damage” and “area of bad lay-out or obsolete development” mean respectively an area consisting of land shown to the satisfaction of the Secretary of State to have sustained war damage or, as the case may be, to be badly laid out or of obsolete development or consisting of Such land together with other land contiguous or adjacent thereto, being in each case land comprised in an area which is defined by a development plan as an area of comprehensive development;

• “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition, and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected:

• . . . F3

• “authority to whom Part II of the Act of 1959 applies” means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;

• [F4“breach of planning control” has the meaning given in section 83A of this Act;]

• “bridleway” has the same meaning as in section 47 of the M6Countryside (Scotland) Act 1967;

• “building”. . . F5 includes any structure or erection, and any part of a building, as so defined, but does not include plant or machinery comprised in a building;

• “building or works” includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly;

• “building operations” includes rebuilding operations, structural alterations of or additions to buildings, and other operations normally undertaken by a person carrying on business as a builder;

• “caravan site” has the meaning assigned to it by section 1(4) of the M7Caravan Sites and Control of Development Act 1960;

• “clearing”, in relation to land, means the removal of buildings or materials from the land, the levelling of the surface of the land, and the carrying out of such other operations in relation thereto as may be prescribed;

• “common” includes any town or village green;

• “compulsory acquisition” does not include the vesting in a person by an Act of Parliament of property previously vested in some other person;

• “conservation area” means an area designated under section 262 of this Act;

• [F6“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;]

• [F7“contravention of hazardous substances control” has the meaning assigned to it by section 56L(2) of this Act;]

• “development” has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;

• F8. . .

• “development order” has the meaning assigned to it by section 21 of this Act;

• “development plan” (subject to section 18 of, and paragraph 7 of Schedule 4 to, this Act) shall be construed in accordance with section 17 of this Act;

• “disposal”, except in section 113(7) of this Act, means disposal by way of sale, excambion or lease, or by way of the creation of any servitude, right or privilege, or in any other manner, except by way of appropriation, gift or the creation of a heritable security, and “dispose of” shall be construed accordingly;

• [F9“district planning functions” has the meaning assigned to it by section 172 of the M8Local Government (Scotland) Act 1973;]

• “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;

• “enforcement notice” means a notice under section 84 of this Act;

• “engineering operations” includes the formation or laying out of means of access to [F10roads];

• [F11“enterprise zone scheme” means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the M9Local Government, Planning and Land Act 1980;]

• “erection”, in relation to buildings as defined in this subsection, includes extension, alteration and re-erection;

• “established use certificate” has the meaning assigned to it by section 90 of this Act;

• “feu charter” includes a feu contract and any other instrument by which land is feued;

• “footpath” has the same meaning as in section 47 of the M10Countryside (Scotland) Act 1967;

• “functions” includes powers and duties;

• “government department” includes any Minister of the Crown;

• [F12“hazardous substances consent” means consent required by section 56C of this Act;

• “hazardous substances contravention notice” has the meaning assigned to it by section 97B(3) of this Act;]

• “heritable security” means—

  (a)

  a heritable security within the meaning of the M11Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition; or

  (b)

  an assignation in security of a lease recorded under the M12Registration of Leases (Scotland) Act 1857;

  and the expression “heritable creditor” shall be construed accordingly;

• [F13“improvement”, in relation to a road, has the same meaning as in the Roads (Scotland) Act 1984;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

• . . . F15

• “land” includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;

• “Lands Tribunal” means Lands Tribunal for Scotland;

• . . . F15

• “lease” includes a sub-lease, but does not include an option to take a lease;

• “listed building” has the meaning assigned to it by section 52(7) of this Act;

• “listed building consent” has the meaning assigned to it by section 53(2) of this Act;

• “listed building enforcement notice” has the meaning assigned to it by section 92 of this Act;

• “listed building purchase notice” has the meaning assigned to it by section 179 of this Act;

• [F16“local authority” means a regional, islands or district council;]

• [F17“local roads authority” has the same meaning as in Roads (Scotland) Act 1984;]

• “. . . F18 planning authority” has the meaning assigned to it by [F19section 172 of the M13Local Government (Scotland) Act 1973];

• “means of access” includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a [F20road];

• F21. . .

• “mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act;

• “minerals” includes all [F22substances]of a kind ordinarily worked for removal by underground or surface working;

• “Minister” means any Minister of the Crown or other government department;

• [F23“National Scenic Area” has the meaning assigned to it by section 262C of this Act.]

F24 . . .

• “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

• “operational land” has the meaning assigned to it by section 211 of this Act;

• “owner”, in relation to any land, includes (except in sections 24 and 26 of this Act) any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking, and includes also a lessee under a lease of agreement, the unexpired period of which exceeds three years;

• [F25“planning contravention notice” has the meaning given in section 83C of this Act;]

• “planning decision” means a decision made on an application under Part III of this Act;

• “planning permission” means permission under Part III of this Act, F26. . .;

• “planning permission granted for a limited period” has the meaning assigned to it by section 27(2) of this Act;

• “prescribed” (except in relation to matters expressly required or authorised by this Act to be prescribed in some other way) means prescribed by regulations under this Act;

F24 . . .

• “purchase notice” has the meaning assigned to it by section 169 of this Act;

• F27. . .

• “relocation of population or industry”, in relation to any area, means the rendering available elsewhere than in that area (whether in an existing community or a community to be newly established) of accommodation for residential purposes or for the carrying on of business or other activities, together with all appropriate public services, facilities for public worship, recreation and amenity, and other requirements, being accommodation to be rendered available for persons or undertakings who are living or carrying on business or other activities in that area or who were doing so but by reason of war circumstances are no longer for the time being doing so, and whose continued or resumed location in that area would be inconsistent with the proper planning thereof;

• “replacement of open space”, in relation to any area, means the rendering of land available for use as an open space, or otherwise in an undeveloped state, in substitution for land in that area which is so used;

• [F28“restoration condition” has the meaning assigned to it by section 27A(2) of this Act;]

• F27. . .

• [F29“road” has the same meaning as in the Roads (Scotland) Act 1984;]

• [F30“simplified planning zone” and “simplified planning zone scheme” shall be construed in accordance with section 21A of this Act;]

• F27. . .

• “the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the M14Criminal Procedure (Scotland) Act 1975;

• . . . F31

• “statutory undertakers” means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of. . . F32,. . . F33, hydraulic power or water, and “statutory undertaking” shall be construed accordingly;

• [F34“steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act]

• “stop notice” has the meaning assigned to it by section 87 of this Act;

• [F35“suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act;]

• “tree preservation order” has the meaning assigned to it by section 58 of this Act;

• [F36“urban development area” and “urban development corporation” have the same meaning as in Part XVI of the Local Government, Planning and Land Act M151980;]

• “use”, in relation to land, does not include the use of land for the carrying out of any building or other operations thereon;

• “Valuation Office” means the Valuation Office of the Inland Revenue Department;

• “war damage” has the same meaning as in the M16War Damage Act 1943.

• [F37“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.]

(2)If, in relation to anything required or authorised to be done under this Act, any question arises as to which Minister is or was the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury; and if any question so arises whether land of statutory undertakers is operational land, that question shall be determined by the Minister who is the appropriate Minister in relation to those undertakers.

(3)Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(4)With respect to references in this Act to planning decisions—

(a)in relation to a decision altered on appeal by the reversal or variation of the whole or part thereof, such references shall be construed as references to the decision as so altered;

(b)in relation to a decision upheld on appeal, such references shall be construed as references to the decision of the. . . F18 planning authority and not to the decision of the Secretary of State on the appeal;

(c)in relation to a decision given on an appeal in the circumstances mentioned in section 34 of this Act, such references shall be construed as references to the decision so given;

(d)the time of a planning decision, in a case where there is or was an appeal, shall be taken to be or have been the time of the decision as made by the. . . F18 planning authority (whether or not that decision is or was altered on that appeal) or, in the case of a decision given on an appeal in the circumstances mentioned in section 34 of this Act, the time when in accordance with that section notification of a decision of the. . . F18 planning authority is deemed to have been received.

(5)Subject to section 40(1) of this Act, for the purposes of this Act development of land shall be taken to be initiated—

(a)if the development consists of the carrying out of operations, at the time when those operations are begun;

(b)if the development consists of a change in use, at the time when the new use is instituted;

(c)if the development consists both of the carrying out of operations and of a change in use, at the earlier of the times mentioned in the preceding paragraphs.

(6)Any reference in this Act to an assignation in security shall be construed as including a reference to anex facie absolute assignation qualified as a security by a collateral agreement.

(7)In this Act any reference to a sale or purchase includes a reference to a sale or purchase by way of feu, and any reference to the price in relation to a sale or purchase includes a reference to grassum, feu-duty and ground annual.

(8)Any reference in this Act to thedominium utile in relation to land which is not held on feudal tenure shall be construed as a reference to the interest in the land of the owner thereof.

(9)References in this Act to any of the provisions in Part III or IV of Schedule 19 to this Act include, except where the context otherwise requires, references to those provisions as modified under section 256 or 257 of this Act.

(10)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.