Planning and Compensation Act 1991

Valid from 03/02/1995

44 Demolition of buildings.S

(1)In section 19 of the 1972 Act (meaning of “development") after subsection (1) there is inserted—

“(1A)For the purposes of this Act “building operations” includes—

(a)demolition of buildings;

(b)rebuilding;

(c)structural alterations of or additions to buildings; and

(d)other operations normally undertaken by a person carrying on business as a builder.”

(2)In subsection (2) of that section after paragraph (f) there is inserted—

“(g)the demolition of any description of building specified in a direction given by the Secretary of State to planning authorities generally or to a particular planning authority.”

(3)After section 154(3) of the 1972 Act (compensation for refusal or conditional grant of planning permission formerly granted by development order) there is inserted—

“(3A)Regulations made by virtue of this subsection may provide that subsections (1) and (2) of this section shall not apply where planning permission granted by a development order for demolition of buildings or any description of buildings is withdrawn by the issue of directions under powers conferred by the order.”

Valid from 10/08/1992

45 Fish farming.S

(1)After subsection (3A) of section 19 (meaning of “development") of the 1972 Act there is inserted—

“(3B)Where the placing or assembly of any tank in any part of any inland waters for the purpose of fish farming there would not, apart from this subsection, involve development of the land below, this Act shall have effect as if the tank resulted from carrying out engineering operations over that land; and in this subsection—

• “fish farming” means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);

• “inland waters” means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows; and

• “tank” includes any cage and any other structure for use in fish farming.”

(2)This section does not apply to the placing or assembly of any structure before this section comes into force.

Valid from 03/02/1995

46 Notice etc. of applications to owners and agricultural tenants.S

(1)For section 24 of the 1972 Act (notification of applications for planning permission) there is substituted—

“24 Notice etc. of applications to owners and agricultural tenants.

(1)A development order or regulations under this Act shall make provision—

(a)as to the notice of any application for planning permission to be given to any person (other than the applicant) who at the beginning of the period of twenty-one days ending with the date of the application was—

(i)the owner of, or

(ii)the tenant of any agricultural holding any part of which was comprised in,

any of the land to which the application relates; and

(b)requiring any applicant for such permission to issue a certificate as to the interests in the land to which the application relates or the purpose for which it is used,

and provide for publicising such applications and for the form, content and service of such notices and certificates.

(2)A development order or such regulations may require an applicant for planning permission to certify, in such form as may be prescribed by the order or the regulations, or to provide evidence, that any requirements of the order or the regulations have been satisfied.

(3)A development order or such regulations making any provision by virtue of this section may make different provision for different cases or different classes of development.

(4)A planning authority shall not entertain any application for planning permission unless any requirements imposed by virtue of this section have been satisfied.

(5)If any person—

(a)issues a certificate which purports to comply with any requirement imposed by virtue of this section and contains a statement which he knows to be false or misleading in a material particular; or

(b)recklessly issues a certificate which purports to comply with any such requirement and contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(6)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7)In this section—

• “agricultural holding” has the same meaning as in the M1Agricultural Holdings (Scotland) Act 1991; and

• “owner” in relation to any land means any person who—

  (a)

  under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired period of which is not less than seven years; or

  (b)

  in the case of such applications as may be prescribed by a development order or by regulations, is entitled to an interest in any mineral so prescribed,

and the reference to the interests in the land to which an application for planning permission relates includes any interest in any mineral in, on or under the land.

(8)Proceedings for an offence under this section may be brought at any time within the period of two years following the commission of the offence.”

(2)For section 26(3) of the 1972 Act there is substituted—

“(3)Where an application for planning permission is accompanied by such a certificate as is mentioned in subsection (1)(b) or (3) of section 24 of this Act a development order or regulations under this Act may—

(a)provide that a planning authority shall not determine an application for planning permission before the end of such period as may be prescribed;

(b)require a planning authority—

(i)to take into account in determining such an application such representations, made within such period, as may be prescribed; and

(ii)to give to any person whose representations have been taken into account such notice as may be prescribed of their decision.

(3A)A development order or regulations making any provision by virtue of this section may make different provision for different cases or different classes of development.”

Valid from 24/01/1992

49 Agreements relating to Crown land.S

(1)In subsection (2) of section 50 (agreements regulating development or use of land) of the 1972 Act, after “Sasines" there is inserted “ or, as the case may be, registered in the Land Register of Scotland, ”.

(2)In subsection (1) of section 254 (agreements relating to Crown land) of the 1972 Act—

(a)after “agreements" there is inserted “ (a) ”; and

(b)after “thereto" there is inserted—

“and

(b)for the purpose of restricting or regulating the development or use of the land,

either permanently or during such period as may be prescribed by the agreement. ”

(3)After subsection (1) of that section there is inserted—

“(1A)Subject to subsection (1B) of this section an agreement made under subsection (1)(b) of this section may, if it has been recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, be enforceable at the instance of the planning authority against persons deriving title to the land from the appropriate authority.

(1B)An agreement made under subsection (1)(b) of this section shall not be enforceable against a third party who has in good faith and for value acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded or, as the case may be, registered as aforesaid or against any person deriving title from such a third party.”