Town and Country Planning (Scotland) Act 1997
Town and Country Planning (Scotland) Act 1997 (1997 c. 8)
- Town and Country Planning (Scotland) Act 1997 (1997 c. 8)
- Part I Administration
- 1 Planning authorities.
- 1A Planning authorities: chief planning officer
- 2 Enterprise zones.
- 3 Urban development areas.
- PART 1ZA Purpose of planning
- 3ZA Purpose of planning
- Part 1A National Planning Framework
- 3A National Planning Framework
- 3AA Duty to review the National Planning Framework
- 3AB Revising the framework: participation statement and considerations
- 3AC Information to assist preparation of National Planning Framework
- 3B Proposals for National Planning Framework: Parliamentary consideration
- 3C National Planning Framework to be laid before Parliament
- 3CA National Planning Framework: procedure
- Duties to assist in shaping the National Planning Framework
- 3CB Key agencies to co-operate
- 3CC Amendment of National Planning Framework
- 3D Sustainable development: exercise of functions by Scottish Ministers
- Part 2 Development Plans
- Sustainable development
- 3E Sustainable development
- 3F Greenhouse gas emissions policies
- 3G Open space strategy
- Strategic development planning
- 4ZA Regional spatial strategies
- 4ZB Duties to have regard to regional spatial strategies
- 4ZC Regional spatial strategies: first strategy, review and revision
- 4ZD Directions to prepare or review regional spatial strategies
- 4ZE Guidance for regional spatial strategies
- 4 Strategic development planning authorities
- 5 Strategic development plan area
- 6 Re-determination of boundary of strategic development plan area
- 7 Form and content of strategic development plan
- 8 Preparation of strategic development plan etc. : general
- 9 Main issues report for preparation of strategic development plan
- 10 Preparation and publication of proposed strategic development plan
- 11 Alternative proposals
- 12 Examination of proposed strategic development plan
- 12A Further provision as regards examination under section 12(2)
- 13 Proposed strategic development plan: approval or rejection
- 14 Publication of and publicity for strategic development plan
- Local development plans
- 15 Form and content of local development plans
- 15A Preparation of local development plan: invitation to prepare local place plans
- 15B Review of local place plans
- 16 Preparation and monitoring of local development plans: general
- 16A Participation of children and young people in local development plan
- 16B Evidence report for preparation of local development plan
- 16C Effective community engagement: guidance
- 16D Play sufficiency assessment
- 16E Publication of list of persons seeking land for self-build housing
- 17 Main issues report for preparation of local development plan
- 18 Preparation and publication of proposed local development plan
- 19 Examination of proposed local development plan
- 19ZA Examination under section 19(3): further provision
- 19A Further provision as regards examination under section 19(4)
- 20 Constitution of local development plan
- 20A Publication of and publicity for local development plan
- 20AA Amendment of local development plan
- Development plan schemes and delivery programmes
- 20B Development plan schemes
- 21 Delivery programmes
- ...
- 22 Supplementary guidance
- Supplementary provisions
- 23 Disregarding of representations with respect to development authorised by or under other enactments
- 23A Regulations under this Part
- 23B Default powers of the Scottish Ministers
- 23C Reviews of plans in enterprise zones
- 23D Meaning of “key agency”
- 24 Meaning of “development plan”
- General
- 25 Status of development plan
- Part III Control over Development
- Meaning of development
- 26 Meaning of “development”.
- 26AA Marine fish farms: circumstances referred to in section 26(1)
- 26AB Power by order to provide marine fish farming is not “development”
- 26A Hierarchy of developments
- 26B Material change of use: short-term lets
- 27 Time when development begun.
- Initiation and completion of development
- 27A Notification of initiation of development
- 27B Notification of completion of development
- Display of notice while development is carried out
- 27C Display of notice while development is carried out
- Requirement for planning permission
- 28 Development requiring planning permission.
- 29 Granting of planning permission: general.
- Development orders
- 30 Development orders: general.
- 31 Permission granted by development order.
- Planning permission in respect of operation of marine fish farm
- 31A Planning permission in respect of operation of marine fish farm
- Applications for planning permission
- 32 Applications for planning permission
- Variation of application
- 32A Variation of application other than one referred to the Scottish Ministers
- 32B Variation of application referred to the Scottish Ministers
- 33 Planning permission for development already carried out.
- 33A Notice requiring application for planning permission for development already carried out
- Publicity for applications
- 34 Notice by planning authority of certain applications made to them
- 35 Notice etc. of applications to owners and agricultural tenants.
- 35A Pre-application consultation: preliminary
- 35B Pre-application consultation: compliance
- 35C Pre-application consultation report
- 36 Registers of applications etc.
- 36A Lists of applications
- Determination of applications
- 37 Determination of applications: general considerations.
- 38 Consultations in connection with determination of applications.
- 38A Pre-determination hearings
- 39 Declining to determine an application
- 39A Declining to determine an application: further provision
- 40 Assessment of environmental effects.
- 41 Conditional grant of planning permission.
- 41A Conditional grant of planning permission: noise-sensitive developments
- 41B Conditional grant of planning permission: provision of toilet facilities within certain large developments
- 42 Determination of applications to develop land without compliance with conditions previously attached.
- 43 Directions etc. as to method of dealing with applications.
- 43A Local developments: schemes of delegation
- 43B Matters which may be raised in a review under section 43A(8)
- 44 Effect of planning permission.
- 45 Duty to draw attention to certain provisions for benefit of disabled.
- Secretary of State’s powers in relation to planning applications and decisions
- 46 Call-in of applications by Secretary of State.
- 46A Call-in of applications by Scottish Ministers: further provision
- 47 Right to appeal against planning decisions and failure to take such decisions.
- 47A Matters which may be raised in an appeal under section 47(1)
- 48 Determination of appeals.
- Simplified planning zones
- 49 Simplified planning zones.
- 50 Alteration of simplified planning zone schemes.
- 51 Simplified planning zone schemes: conditions and limitations on planning permission.
- 52 Duration of simplified planning zone scheme.
- 53 Alteration of simplified planning zone scheme.
- 54 Exclusion of certain descriptions of land or development.
- Masterplan consent areas
- 54A Making and alteration of schemes
- 54B Scheme grants planning permission, etc.
- 54C Content of schemes: self-build housing
- 54D Effect of altering scheme
- 54E Further provision about effect of scheme
- 54F Interpretation of provisions about schemes
- Enterprise zone schemes
- 55 Planning permission for development in enterprise zones.
- 56 Effect on planning permission of modification or termination of scheme.
- Deemed planning permission
- 57 Development with government authorisation.
- Duration of planning permission
- 58 Duration of planning permission
- 59 Planning permission in principle
- 60 Provisions supplementary to sections 58 and 59.
- 61 Termination of planning permission by reference to time limit: completion notices.
- 62 Effect of completion notice.
- 62A Objection to completion notice
- 63 Power of Secretary of State to serve completion notice.
- Variation, revocation and modification of planning permission
- 64 Power to vary planning permission.
- 65 Power to revoke or modify planning permission.
- 66 Procedure for section 65 orders: opposed cases.
- 67 Procedure for section 65 orders: unopposed cases.
- 68 Revocation and modification of planning permission by the Secretary of State.
- References to Planning Inquiry Commissions
- 69 Power to refer certain planning questions to Planning Inquiry Commission.
- 70 Power to refer certain planning questions to Joint Planning Inquiry Commission.
- Other controls over development
- 71 Orders requiring discontinuance of use or alteration or removal of buildings or works.
- 72 Confirmation by Secretary of State of section 71 orders.
- 73 Power of the Secretary of State to make section 71 orders.
- 74 Review of mineral planning permissions.
- 75 Planning obligations
- 75A Modification and discharge of planning obligations
- 75B Appeals
- 75C Planning obligations: continuing liability of former owner etc.
- 75D Good neighbour agreements
- 75E Good neighbour agreements: modification and discharge of obligations
- 75F Good neighbour agreements: appeals
- 75G Good neighbour agreements: continuing liability of former owner etc.
- Part IV Compensation for Effects of Certain Orders, Notices etc.
- Compensation for revocation or modification of planning permission
- 76 Compensation where planning permission revoked or modified.
- 77 Compensation for refusal or conditional grant of planning permission formerly granted by development order.
- 78 Apportionment of compensation for depreciation.
- 79 Registration of compensation for depreciation.
- 80 Recovery of compensation on subsequent development.
- 81 Amount recoverable, and provisions for payment or remission.
- 82 Provisions for payment or remission of amount recoverable under section 80.
- 83 Compensation in respect of orders under section 71 etc.
- 84 Special basis for compensation in respect of certain orders affecting mineral working.
- 85 Power to make provision for determination of claims.
- 86 Lands Tribunal to determine claims if not otherwise provided.
- Supplementary provisions
- 87 General provisions as to compensation for depreciation under this Part.
- Part V Rights of Owners etc. to Require Purchase of Interests
- Chapter I Interests Affected by Planning Decisions or Orders
- Service of purchase notices
- 88 Circumstances in which purchase notices may be served.
- 88A Purchase notices: Crown land
- 89 Circumstances in which land incapable of reasonably beneficial use.
- Duties of authorities on service of purchase notice
- 90 Action by planning authority on whom purchase notice is served.
- 91 Procedure on reference of purchase notice to Secretary of State.
- 92 Action by Secretary of State in relation to purchase notice.
- 93 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
- 94 Effect of Secretary of State’s action in relation to purchase notice.
- Compensation
- 95 Special provisions as to compensation where purchase notice served.
- Special provisions for requiring purchase of whole of partially affected agricultural unit
- 96 Counter-notice requiring purchase of remainder of agricultural unit.
- 97 Effect of counter-notice under section 96.
- 98 Provisions supplemental to sections 96 and 97.
- Supplemental
- 99 Interpretation of Chapter I.
- Chapter II Interests Affected by Planning Proposals: Blight
- Preliminary
- 100 Scope of Chapter II.
- Blight notices
- 101 Notice requiring purchase of blighted land.
- 102 Counter-notice objecting to blight notice.
- 103 Further counter-notice where certain proposals have come into force.
- 104 Reference of objection to Lands Tribunal: general.
- 105 Effect of valid blight notice.
- 106 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
- 107 Withdrawal of blight notice.
- Compensation
- 108 Special provisions as to compensation for acquisition in pursuance of blight notice.
- Special provisions for requiring purchase of whole of partially affected agricultural units
- 109 Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
- 110 Objection to section 109 notice.
- 111 Effect of section 109 notice.
- Successors, heritable creditors and partnerships
- 112 Powers of successors in respect of blight notice.
- 113 Power of heritable creditor to serve blight notice.
- 114 Prohibition on service of simultaneous notices under sections 101, 112 and 113.
- 115 Special provisions as to partnerships.
- Miscellaneous and supplementary provisions
- 116 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
- 116A Power of Secretary of State to acquire land identified in national policy statements where blight notice served
- 117 Saving for claimant’s right to sell whole hereditament, etc.
- 118 No withdrawal of constructive notice to treat.
- 119 Meaning of “owner-occupier” and “resident owner-occupier”.
- 120 “Appropriate authority” for purposes of Chapter II.
- 121 “Appropriate enactment” for purposes of Chapter II.
- 122 General interpretation of Chapter II.
- Part VI Enforcement
- Application
- 123 Expressions used in connection with enforcement.
- 124 Time limits.
- Planning contravention notices
- 125 Power to require information about activities on land.
- 126 Penalties for non-compliance with planning contravention notice.
- Enforcement notices
- 127 Issue of enforcement notice.
- 128 Contents and effect of notice.
- 129 Variation and withdrawal of enforcement notice.
- 130 Appeal against enforcement notice.
- 131 Appeals: supplementary provisions.
- 132 General provisions relating to determination of appeals.
- 133 Grant or modification of planning permission on appeal against enforcement notice.
- 134 Validity of enforcement notices.
- 135 Execution and cost of works required by enforcement notice.
- 136 Offence where enforcement notice not complied with.
- 136A Fixed penalty notice where enforcement notice not complied with
- 137 Effect of planning permission etc. on enforcement or breach of condition notice.
- 138 Enforcement notice to have effect against subsequent development.
- 139 Power of Secretary of State to serve enforcement notice.
- Stop notices
- 140 Stop notices.
- 141 Stop notices: supplementary provisions.
- 142 Power of the Secretary of State to serve stop notice.
- 143 Compensation for loss due to stop notice.
- 144 Penalties for contravention of stop notice.
- Temporary stop notices
- 144A Temporary stop notices
- 144B Temporary stop notices: restrictions
- 144C Temporary stop notices: offences
- 144D Temporary stop notices: compensation
- Breach of condition notices
- 145 Enforcement of conditions.
- 145A Fixed penalty notice where breach of condition notice not complied with
- Interdicts
- 146 Interdicts restraining breaches of planning control.
- Registers
- 147 Enforcement etc. : register of notices
- Enforcement of orders for discontinuance of use, etc.
- 148 Penalties for contravention of orders under section 71 and Schedule 8.
- 149 Enforcement of orders under section 71 and Schedule 8.
- Certificate of lawful use or development
- 150 Certificate of lawfulness of existing use or development.
- 151 Certificate of lawfulness of proposed use or development.
- 152 Certificates under sections 150 and 151: supplementary provisions.
- 153 Offences.
- 154 Appeals against refusal or failure to give decision on application.
- 155 Further provisions as to appeals to the Secretary of State.
- Rights of entry for enforcement purposes
- 156 Right to enter without warrant.
- 157 Right to enter under warrant.
- 158 Rights of entry: supplementary provisions.
- Enforcement charters
- 158A Enforcement charters
- Part VII Special Controls
- Chapter I Trees
- General duty of planning authorities as respects trees
- A159 Forestry and woodland strategy
- 159 Planning permission to include appropriate provision for preservation and planting of trees.
- Tree preservation orders
- 160 Power to make tree preservation orders.
- 161 Form of and procedure applicable to orders.
- 161A Imminent danger to trees: entry to affix copy of tree preservation order
- 162 Tree preservation: Forestry Commissioners
- 163 Provisional tree preservation orders.
- 164 Power for Secretary of State to make tree preservation orders.
- Compensation for loss or damage caused by orders etc.
- 165 Compensation in respect of tree preservation orders.
- 166 Compensation in respect of requirement as to replanting of trees.
- Consequences of tree removal etc.
- 167 Replacement of trees.
- 168 Enforcement of duties as to replacement of trees.
- 169 Appeal against section 168 notice.
- 170 Execution and cost of works required by section 168 notice.
- 171 Penalties for non-compliance with tree preservation order.
- Trees in conservation areas
- 172 Preservation of trees in conservation areas.
- 173 Power to disapply section 172.
- 174 Enforcement of controls as respects trees in conservation areas.
- 175 Register of section 172 notices.
- Rights of entry
- 176 Rights to enter without warrant.
- 177 Right to enter under warrant.
- 178 Rights of entry: supplementary provisions.
- Chapter II Land Adversely Affecting Amenity of Neighbourhood
- Land adversely affecting other land
- 179 Notice requiring proper maintenance of land.
- 180 Appeal against notice under section 179.
- 181 Register of notices under section 179.
- Chapter III Advertisements
- Advertisement regulations
- 182 Regulations controlling display of advertisements.
- 183 Power to make different advertisement regulations for different areas.
- 184 Planning permission not needed for advertisements complying with regulations.
- Repayment of expense of removing prohibited advertisements
- 185 Repayment of expense of removing prohibited advertisements.
- Enforcement of control over advertisements
- 186 Enforcement of control as to advertisements.
- 187 Power to remove or obliterate placards and posters.
- Part VIII Acquisition and Appropriation of Land for Planning Purposes etc.
- Acquisition for planning and public purposes
- 188 Acquisition of land by agreement.
- 189 Compulsory acquisition of land in connection with development and for other planning purposes.
- 190 Compulsory acquisition of land by Secretary of State for the Environment.
- Powers relating to land held for planning purposes
- 191 Disposal of land held for planning purposes.
- 192 Disposal by Secretary of State of land acquired under section 190.
- 193 Development of land held for planning purposes.
- Extinguishment of certain rights affecting acquired or appropriated land
- 194 Extinguishment of rights over land compulsorily acquired.
- 195 General vesting declarations.
- 196 Power to override servitudes and other rights.
- 197 Provisions as to churches and burial grounds.
- 198 Use and development of land for open spaces.
- 199 Displacement of persons from land acquired or appropriated.
- 200 Modification of incorporated enactments for purposes of this Part.
- 201 Interpretation of this Part.
- Part IX Roads, Footpaths and Rights of Way
- Stopping up and diversion of roads by Secretary of State
- 202 Roads affected by development: orders by Secretary of State.
- Powers of local authorities to extinguish certain rights
- 203 Order extinguishing right to use vehicles on road.
- 204 Compensation for orders under section 203.
- 205 Provision of amenity for road reserved to pedestrians.
- 206 Extinguishment of public rights of way over land held for planning purposes.
- Powers of planning authorities to stop up roads, etc.
- 207 Roads affected by development: orders by planning authorities.
- 208 Footpaths and bridleways affected by development: orders by planning authorities.
- Procedure
- 209 Procedure for making and confirming orders by Secretary of State and planning authorities.
- 210 Recovery of costs of making orders.
- Supplementary provisions
- 211 Concurrent proceedings in connection with roads.
- 212 Electronic communications apparatus .
- Temporary road orders: mineral workings
- 213 Temporary stopping up of roads, footpaths and bridleways for mineral workings.
- Part X Statutory Undertakers
- Preliminary
- 214 Meaning of “statutory undertakers”.
- 215 Meaning of “operational land”.
- 216 Cases in which land is to be treated as not being operational land.
- 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Application of Part III to statutory undertakers
- 218 Applications for planning permission by statutory undertakers.
- 219 Conditional grants of planning permission.
- 220 Development requiring authorisation of government department.
- 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Extinguishment of rights of statutory undertakers, etc.
- 224 Extinguishment of rights of statutory undertakers: preliminary notices.
- 225 Extinguishment of rights of telecommunications code system operators: preliminary notices.
- 226 Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.
- 227 Orders under sections 224 and 225.
- Extension or modification of statutory undertakers’ functions
- 228 Extension or modification of functions of statutory undertakers.
- 229 Procedure in relation to orders under section 228.
- 230 Relief of statutory undertakers from obligations rendered impracticable.
- 231 Objections to orders under sections 228 and 230.
- Compensation
- 232 Right to compensation in respect of certain decisions and orders.
- 233 Measure of compensation to statutory undertakers etc.
- 234 Exclusion of section 233 at option of statutory undertakers.
- 235 Procedure for assessing compensation.
- Advertisements
- 236 Special provisions as to display of advertisements on operational land.
- Part XI Validity
- 237 Validity of development plans and certain orders, decisions and directions.
- 238 Proceedings for questioning validity of development plans and certain schemes and orders.
- 239 Proceedings for questioning the validity of other orders, decisions and directions.
- 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 241 Special provisions as to orders subject to special parliamentary procedure.
- Part XII Crown Land
- Preliminary
- 241A Application to the Crown
- 242 Preliminary definitions.
- Application of Act as respects Crown land
- 242A Urgent Crown development: application
- 243 Control of development on Crown land: special enforcement notices.
- 244 Supplementary provisions as to special enforcement notices.
- 245 Exercise of powers in relation to Crown land.
- 245A Enforcement in relation to the Crown
- 245B References to an interest in land
- 246 Agreements relating to Crown land.
- 247 Supplementary provisions as to Crown interest.
- 247A Applications for planning permission by Crown
- Provisions relating to anticipated disposal of Crown land
- 248 Application for planning permission etc. in anticipation of disposal of Crown land.
- 249 Tree preservation orders in anticipation of disposal of Crown land.
- 250 Requirement of planning permission for continuance of use instituted by the Crown.
- Enforcement in respect of war-time breaches of planning control by the Crown
- 251 Enforcement in respect of war-time breaches of planning control by the Crown.
- National performance monitoring
- 251B National planning improvement co-ordinator
- Part XIII Financial Provisions
- 252 Fees for planning applications etc.
- 253 Grants for research and education.
- 253A Grants for advice and assistance
- 254 Contributions by Ministers towards compensation paid by planning authorities.
- 255 Contributions by local authorities and statutory undertakers.
- 256 Assistance for acquisition of property where objection made to blight notice in certain cases.
- 257 Recovery from acquiring authorities of sums paid by way of compensation.
- 258 Sums recoverable from acquiring authorities reckonable for purposes of grant.
- 259 Financial provision.
- 260 General provision as to receipts of Secretary of State.
- Expenses of local authorities
- 261 Expenses of, and borrowing by, local authorities.
- Part XIV Miscellaneous and General Provisions
- Application of Act in special cases
- 262 Power to modify Act in relation to minerals.
- 263 Application of certain provisions to planning authorities.
- National Scenic Areas
- 263A National Scenic Areas
- 263B National Scenic Areas: report on consultation
- Natural Heritage Areas
- 264 Natural Heritage Areas.
- National Parks
- 264A National Parks
- Local inquiries and other hearings
- 265 Local inquiries.
- 265A Planning inquiries to be held in public subject to certain exceptions
- 266 Orders as to expenses of parties where no local inquiry held.
- 267 Appeals and applications under this Act: procedure etc.
- 268 Inquiries under Private Legislation Procedure (Scotland) Act 1936.
- Promotion and use of mediation etc.
- 268A Promotion and use of mediation etc.
- Rights of entry
- 269 Rights of entry.
- 270 Supplementary provisions as to rights of entry.
- 270A Rights of entry: Crown land
- Miscellaneous and general provisions
- 270B Equal opportunities
- 271 Service of notices.
- 271A Service of notices on the Crown
- 272 Power to require information as to interests in land.
- 272A Information as to interests in Crown land
- 273 Offences by corporations.
- 274 Combined applications.
- 275 Regulations and orders.
- 275A Further provision as regards regulations: inquiries etc.
- 275B Directions
- 276 Act not excluded by special enactments.
- 277 Interpretation.
- 278 Citation, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Old development plans
- Preliminary
- Continuation in force of old development plans
- ...
- Street authorisation maps
- ...
- Discontinuance of old development plans
- Further provision as to interpretation
- SCHEDULE 2 Exemptions from planning permission for certain land uses in 1948
- SCHEDULE 3 Conditions relating to mineral working
- Part I Conditions imposed on grant of permission
- Duration of development
- Power to impose aftercare conditions
- Meaning of “required standard”
- Consultations
- Certificate of compliance
- Recovery of expenses of compliance
- Part II Conditions Imposed on Revocation or Modification of Permission
- SCHEDULE 4 Determination of certain appeals by person appointed by Secretary of State
- Determination of appeals by appointed person
- Powers and duties of appointed persons
- Determination of appeals by Secretary of State
- Appointment of another person to determine appeal
- Local inquiries and hearings
- Supplementary provisions
- SCHEDULE 5 Simplified planning zones
- General
- Notification of proposals to alter scheme
- Power of Secretary of State to direct alteration of scheme
- Steps to be taken before depositing proposals
- Procedure after deposit of proposals
- Procedure for dealing with objections
- Adoption of proposals by planning authority
- Calling in of proposals for approval by Secretary of State
- Approval of proposals by Secretary of State
- Default powers
- Regulations and directions
- SCHEDULE 5A Masterplan consent areas
- PART 1 Content of schemes
- General
- Further provision about conditions, limitations and exceptions
- Places that cannot be included in a scheme
- PART 2 Making and altering of schemes by planning authorities
- Power to make or alter scheme
- Duty to periodically consider making scheme
- Duty to seek to make or alter scheme when directed to do so
- PART 3 Process for planning authority making or altering scheme
- CHAPTER 1 Process for all cases
- Outline of process
- Consultation on possible proposals
- Publicity for proposals
- Consideration of representations
- CHAPTER 2 Further process for some cases
- Requirement to hold hearings
- Requirement to notify the Scottish Ministers of certain proposals
- Pause before making certain alterations
- PART 4 Scottish Ministers' powers to make and alter schemes and stop proposals
- CHAPTER 1 Calling in planning authorities' proposals
- Power to call in proposals
- Powers after calling in
- CHAPTER 2 Making or altering scheme following paragraph 6 direction
- Power to make or alter scheme
- Process for making or altering schemes
- Recovery of costs
- PART 5 Further powers of Scottish Ministers
- CHAPTER 1 Excluding kinds of development from schemes
- Power to exclude kinds of development
- Effect of exclusion on existing schemes
- CHAPTER 2 Powers in relation to procedure, etc.
- Directions about procedure and provision of information
- Regulations about form, content and procedure
- PART 6 Interpretation
- Application of section 54F
- Calculation of periods
- SCHEDULE 6 Planning Inquiry Commissions
- Constitution
- References
- Procedure on reference
- Functions on reference
- Local inquiries held by commission
- SCHEDULE 7 Joint Planning Inquiry Commissions
- Constitution
- References
- Procedure on reference
- Functions on reference
- Local inquiries
- Interpretation
- SCHEDULE 8 Old mineral workings and permissions
- Part I Requirements relating to discontinuance of mineral working
- Orders requiring discontinuance of mineral working
- Prohibition of resumption of mineral working
- Orders after suspension of winning and working of minerals
- Supplementary suspension orders
- Confirmation and coming into operation of suspension orders
- Registration of suspension orders
- Review of suspension orders
- Old mining permissions
- Resumption of mineral working after suspension order
- Default powers of Secretary of State
- Part II Registration of Old Mining Permissions
- Application for registration
- Determination of conditions
- Registration
- General provisions about applications
- Right of appeal
- Determination of appeal
- Reference of applications to Secretary of State
- Two or more applicants
- Application of provisions relating to planning permission
- Interpretation
- SCHEDULE 9 Review of old mineral planning permissions
- Interpretation
- Phase I and II sites
- The “first list”
- The “second list”
- Advertisement of the first and second lists
- Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
- Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactory
- Service on owners etc. of notice of preparation of the first and second lists
- Applications for approval of conditions and appeals in cases where the conditions approved are not those proposed
- Notice of determination of conditions to be accompanied by additional information in certain cases
- Right to appeal against planning authority’s determination of conditions etc.
- Permissions ceasing to have effect
- Reference of applications to the Secretary of State
- Two or more applicants
- Compensation
- Appeals: general procedural provisions
- SCHEDULE 10 Periodic review of mineral planning permissions
- Duty to carry out periodic reviews
- Interpretation
- The first review date
- Service of notice of first periodic review
- Application for postponement of the first review date
- Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
- Permissions ceasing to have effect
- Reference of applications to the Secretary of State
- Appeals
- Time from which conditions determined under this Schedule are to take effect
- Two or more applicants
- Second and subsequent periodic reviews
- Compensation
- SCHEDULE 11 Development not constituting new development
- SCHEDULE 12 Condition treated as applicable to rebuilding and alterations
- SCHEDULE 13 Regulations as to compensation in respect of orders relating to mineral working
- Power to modify compensation provisions
- Determination of claims
- SCHEDULE 14 Blighted land
- Land allocated for public authority functions in development plans etc.
- New towns and urban development areas
- Housing action areas
- Roads
- Compulsory purchase
- Land identified in national policy statements so far as relating to certain pipe-lines
- Note
- SCHEDULE 15 General vesting declarations
- Part I General provisions
- Execution of general vesting declarations
- Effect of general vesting declaration
- Recovery of compensation overpaid
- Penalty for false information in claiming compensation
- Part II Supplementary provisions
- Exclusion of power of entry under the Acquisition Act 1947
- Restriction on withdrawal of constructive notice to treat
- Objection to severance
- Compensation
- Charges and tenancies
- Miscellaneous
- Part III Interpretation
- SCHEDULE 16 Procedure for making and confirming orders relating to roads and rights of way
- Part I Making orders
- Procedure for making of orders by Secretary of State
- Procedure in anticipation of planning permission, etc.
- Further procedure in anticipation of planning permission, etc.
- Part II Confirmation of orders
- Application
- Confirmation of orders made by other authorities
- Part III Publicity for orders after confirmation
- SCHEDULE 17 Enforcement as respects war-time breaches by the crown of planning control
- Preliminary
- Making of compliance determination applications
- Determination of applications
- Appeals against compliance determinations or failure to make such determinations
- Fresh applications where alteration in circumstances
- References of application to Secretary of State
- Information
- Opportunity for hearing
- Notice of proposed enforcement
- Power of entry
- Service of notices
- Supplementary provisions
- SCHEDULE 18 Provisions of this Act referred to in sections 261 to 263
- Part I Provisions referred to in sections 261(1) and (2) and 262(1)
- Part II Provisions referred to in section 263(1)
- TABLE OF DERIVATIONS
- Notes:
- Acts of Parliament
- SCHEDULE 19 Local place plans
- Preparation of local place plans
- Submission of local place plans
- Register of local place plans
- Map of local place plans
- Meaning of “community body”
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