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Town and Country Planning (Scotland) Act 1947

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Central and Local Administration.

    1. 1.The Central Land Board.

    2. 2.Local planning authorities.

  3. PART II Planning and Control of Development, &c.

    1. Development plans.

      1. 3.Surveys of planning districts and preparation of development plans.

      2. 4.Amendment of development plans.

      3. 5.Additional powers of the Secretary of State with respect to development plans.

      4. 6.Incorporation in development plans of orders relating to trunk roads and new towns.

      5. 7.Modification of development plans in relation to land designated as subject to compulsory acquisition.

      6. 8.Supplementary provisions as to development plans.

      7. 9.Validity and date of operation of development plans.

    2. Permission to develop land.

      1. 10.Obligation to obtain permission for development.

      2. 11.Development orders.

      3. 12.Applications to local planning authorities for planning permission.

      4. 13.Reference of applications to Secretary of State.

      5. 14.Appeals to the Secretary of State.

      6. 15.Applications to determine whether planning permission required.

      7. 16.Supplementary provisions as to grant of planning permission.

      8. 17.Obligation to purchase land on refusal of planning permission in certain cases.

      9. 18.Compensation for refusal of planning permission in certain cases.

      10. 19.Revocation and modification of planning permission.

      11. 20.Supplementary provisions as to revocation and modification of planning permission.

      12. 21.Enforcement of planning control.

      13. 22.Supplementary provisions as to enforcement.

      14. 23.Agreements regulating development or use of land.

    3. Additional powers of control.

      1. 24.Powers relating to authorised uses.

      2. 25.Provisions supplementary to s. 24.

      3. 26.Orders for preservation of and woodlands.

      4. 27.Orders for the preservation of buildings of special architectural or historic interest.

      5. 28.Lists of buildings of special architectural or historic interest.

      6. 29.Control of advertisements.

      7. 30.Provisions supplementary to s. 29.

      8. 31.Powers relating to ruinous or dilapidated buildings, waste land, etc.

    4. Supplemental.

      1. 32.Application to local authorities and statutory undertakers.

      2. 33.Temporary provisions pending approval of plans.

  4. PART III Acquisition of Land, Etc.

    1. Acquisition and disposal of land for planning purposes.

      1. 34.Compulsory acquisition by Ministers, local authorities and statutory undertakers.

      2. 35.Compulsory acquisition by local planning authorities of land for development.

      3. 36.Power to expedite completion of purchase under s. 35.

      4. 37.Acquisition of land by agreement for development.

      5. 38.Power to acquire buildings of special architectural or historic interest.

      6. 39.Power of local authorities to appropriate certain land for planning purposes.

      7. 40.Acquisition of land by Central Land Board.

      8. 41.Incorporation of certain provisions of Act of 1945.

      9. 42.Amendment of 10 & 11 Geo. 6. c. 42, in relation to acquisition of land under Part III.

      10. 43.Acquisition of land by Development Corporations under New Towns Act, 1946.

    2. Powers relating to highways.

      1. 44.Construction of highways on land acquired under Part III.

      2. 45.Construction and improvement of private streets, etc.

      3. 46.Power to stop up and divert highways, etc.

  5. PART IV Amendments of Law relating to Compensation on Compulsory Acquisition of Land.

    1. 47.Abolition of the 1939 standard of compensation on compulsory acquisition;.

    2. 48.Compensation for compulsory acquisition after appointed day.

    3. 49.Temporary provisions for eliminating special value attributable to vacant possession.

    4. 50.Compensation for compulsory acquisition of land attracting converted value payments.

    5. 51.Compensation for compulsory acquisition of requisitioned land.

    6. 52.Compensation for compulsory acquisition after passing of this Act and before the appointed day.

    7. 53.Special provisions as to war-damaged land where compensation assessed by reference to cost of equivalent reinstatement.

    8. 54.Amendments of 9 & 10 Geo. 5. c. 57, etc.

  6. PART V Payments out of Central Funds in Respect of Depreciation of Land Values.

    1. Payments for depreciation.

      1. 55.Payments for depreciation of land values.

      2. 56.Additional payments in respect of certain war-damaged land.

      3. 57.Establishment of claims for payments.

      4. 58.Ascertainment of development values of land.

      5. 59.Supplementary provisions as to development values.

      6. 60.Exclusion of small claims.

      7. 61.Vesting and assignation of right to payments under Part V.

    2. Satisfaction of Payments.

      1. 62.Satisfaction of payments under Part V.

      2. 63.General provisions as to stock.

      3. 64.Provision for payments in cash.

      4. 65.Payments by Central Land Board into Exchequer.

  7. PART VI Development Charges.

    1. 66.Levy of development charge in respect of certain development.

    2. 67.Determination of development charge by Central Land Board.

    3. 68.Payment and security for payment of development charges.

    4. 69.Scope and effect of determinations of Central Land Board.

    5. 70.Variation of determinations and repayment of development charges in certain cases.

    6. 71.Powers of Central Land Board as to development carried out in contravention of Part VI.

  8. PART VII Application to special Cases.

    1. 72.Existing development contravening previous planning control.

    2. 73.Existing development authorised subject to conditions.

    3. 74.General provisions as to development authorised under interim development orders on or after nth November, 1943.

    4. 75.Unfinished buildings.

    5. 76.Compensation for abortive expenditure on refusal of planning permission for other development authorised before appointed day.

    6. 77.Land ripe for development before the appointed day.

    7. 78.Mineral workings.

    8. 79.Land held by local authorities for general statutory purposes.

    9. 80.Land acquired by local planning authorities and development corporations for comprehensive development or re-development.

    10. 81.Operational land of statutory undertakers.

    11. 82.Land held for charitable purposes.

    12. 83.Crown Land.

    13. 84.Agreements and arrangements relating to Crown land.

    14. 85.Requisitioned land.

    15. 86.Property of National Coal Board.

    16. 87.Land acquired by notice to treat served before appointed day.

    17. 88.Determination of questions under Part VII.

  9. PART VIII Finances of Local Planning Authorities.

    1. 89.Exchequer grants to local planning authorities in respect of acquisition and clearance of land in re-development areas.

    2. 90.Other Exchequer grants to local planning authorities.

    3. 91.General provisions as to Exchequer grants to local planning authorities.

    4. 92.Grants in respect of certain compensation paid before the appointed day.

    5. 93.Power of Ministers to', contribute towards compensation paid by local authorities.

    6. 94.Power of local authorities and statutory undertakers to contribute towards expenses of local planning authorities, etc.

    7. 95.Expenses of, and borrowing by, local authorities.

  10. PART IX Supplemental.

    1. Supplementary provisions as to local planning authorities.

      1. 96.Default powers of Secretary of State.

      2. 97.Power to transfer planning functions of town councils of small burghs to county councils.

      3. 98.Applications for planning permission, determination of development charges, etc.

    2. General Provisions.

      1. 99.Powers of entry.

      2. 100.Local inquiries, etc.

      3. 101.Service of notices.

      4. 102.Power to require information as to ownership of land.

      5. 103.Expenses of tribunals, etc.

      6. 104.Expenses of Ministers.

      7. 105.Determination of disputes as to compensation, etc.

      8. 106.Appointment of arbiters under 9 & 10 Geo. 5. c. 57.

      9. 107.Regulations and orders.

      10. 108.Assumptions as to planning permission.

      11. 109.Amendments and repeals.

      12. 110.Exercise of functions of Board of Trade.

      13. 111.Saving for Postmaster General.

      14. 112.Application to land regulated by special enactments.

      15. 113.Interpretation.

      16. 114.Short title, commencement and extent.

  11. SCHEDULES.

    1. FIRST SCHEDULE

      Local Administration.

      1. PART I

        1. Voluntary Combination of Authorities.

          1. 1.An agreement entered into under subsection (2) of section two...

          2. 2.The expenses of the joint planning committee shall be defrayed...

          3. 3.The Secretary of State may, on the application of the...

          4. 4.The Secretary of State may by order constitute the joint...

          5. 5.The Secretary of State may, if it appears to him...

      2. PART II

        1. Combination of Authorities by Order.

          1. 1.An order made under subsection (3) of section two of...

          2. 2.An order made under the said subsection (3)—

          3. 3.The Secretary of State may, if it appears to him...

      3. PART III

        1. Joint Advisory Committees.

          1. 1.Any two or more local planning authorities may, with the...

          2. 2.If it appears to the Secretary of State to be...

          3. 3.Any power conferred by this Part of this Schedule to...

      4. PART IV

        1. Planning Committees.

          1. 1.A local planning authority shall establish a planning committee for...

          2. 2.Every such planning committee shall be constituted in such manner...

          3. 3.A planning committee established as aforesaid may be required by...

          4. 4.The minutes of proceedings of a planning committee established as...

          5. 5.Any power conferred by this Part of this Schedule to...

      5. PART V

        1. Sub-Committees.

          1. 1.The planning committee of a local planning authority may, subject...

          2. 2.The power conferred by the last foregoing paragraph to establish...

          3. 3.The provisions of this Part of this Schedule shall, with...

    2. SECOND SCHEDULE

      Excepted Enactments for the Purposes of S. 11.

    3. THIRD SCHEDULE

      Excepted Classes of Development.

      1. PART I

        1. Development Included in Existing Use for Purposes other than Compensation under s.18.

          1. 1.The. rebuilding, as often as the person having the right...

          2. 2.The use as two or more separate dwellinghouses of any...

      2. PART II

        1. Development Included in Existing Use for All Purposes.

          1. 1.The enlargement, improvement or other alteration, as often as the...

          2. 2.The carrying out, on land which was used for the...

          3. 3.The winning and working, on land held or occupied with...

          4. 4.The winning and working of peat by any person for...

          5. 5.In the case of a building or other land which,...

          6. 6.In the case of any building or other land which,...

          7. 7.The deposit of waste materials or refuse in connection with...

    4. FOURTH SCHEDULE

      Provisions relating to Compensation under Part II.

      1. 1.For the purpose of assessing any compensation payable under section...

      2. 2.Where any compensation is payable as aforesaid by virtue of...

      3. 3.Where any interest in land is subject to a heritable...

      4. 4.Any compensation payable to any person, by virtue of any...

    5. FIFTH SCHEDULE

      Special Provisions relating to Development by Statutory Undertakers.

      1. 1.Applications for planning permission.

      2. 2.Special provisions as to development requiring government sanction.

      3. 3.Revocation and modification of planning permission.

      4. 4.Orders relating to authorised uses.

      5. 5.Provisions as to orders subject to special parliamentary procedure.

    6. SIXTH SCHEDULE

      Procedure for Making Orders under S. 46.

      1. 1.Before making an order under section forty-six of this Act...

      2. 2.Not later than the date on which the said notice...

      3. 3.Not later than the date on which the said notice...

      4. 4.If before the expiration of the said period of three...

      5. 5.After considering any objections to the order which are not...

      6. 6.Immediately after the order has been made, the Minister of...

      7. 7.Subsections (2) to (4) of section nine of this Act...

      8. 8.In this Schedule the expression " local authority " means...

    7. SEVENTH SCHEDULE

      Modifications of Part II of Town and Country Planning (Scotland) Act, 1945.

      1. Elimination of overlap between owner-occupier supplement and increase of converted value payment.

        1. 1.(1) Where an interest in land the value of which...

      2. Assessment of compensation in case of certain agricultural land.

        1. 2.In subsection (2) of section fifty-three of the Act of...

      3. Assessment of compensation by reference to after-damage value.

        1. 3.(1) Where under section fifty-seven of the Act of 1945,...

      4. Extension of Owner-occupier Supplement to Certain Subsidiary Companies.

        1. 4.(1) Where an interest in land the value of which...

    8. EIGHTH SCHEDULE

      Enactments Amended.

    9. NINTH SCHEDULE

      Enactments Repealed.

      1. PART I Enactments Repealed as from Passing of this Act.

      2. PART II Enactments Repealed as from Appointed Day.

    10. TENTH SCHEDULE

      Transitory Provisions and Provisions Consequential on Repeals.

      1. 1.Any application for permission to develop land made to the...

      2. 2.Where an application for any such permission as aforesaid, made...

      3. 3.Any appeal to the Secretary of State from the decision...

      4. 4.Any direction given before the appointed day under section six...

      5. 5.Any order made before the appointed day by an authority...

      6. 6.Notwithstanding the repeal by this Act of the Act of...

      7. 7.Any order made by the Secretary of State under the...

      8. 8.Any order made under subsection (2) of section two of...

      9. 9.Notwithstanding the repeal by this Act of section seventeen of...

      10. 10.Subject as hereinafter provided, any agreement for restricting the development...

      11. 11.Where any such agreement as is mentioned in the last...

      12. 12.The repeal of section fifty of the Act of 1932...

      13. 13.Provision may be made by regulations under this Act for...

      14. 14.Notwithstanding the repeal by this Act of the Restriction of...

      15. 15.Notwithstanding the repeal by this Act of section eight of...

      16. 16.Where, at any time before the appointed day, application has...

      17. 17.Where any order has been made before the appointed day...

      18. 18.Any compulsory purchase order made or prepared in draft under...

      19. 19.For the purposes of the Act of 1945 as amended...

      20. 20.Any question relating to the development of land referred to...

    11. ELEVENTH SCHEDULE

      Unrepealed Provisions of the Town and Country Planning (Scotland) Act, 1945, Reprinted as Amended by this Act.

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