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Town and Country Planning (Scotland) Act 1997 (c. 8)(The document as of February, 2008) Page 4 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 (a) that, in the case of any reserved matter, application for approval must be made before-- (i) the expiration of 3 years from the date of the grant of outline planning permission, (ii) the expiration of 6 months from the date on which an earlier application for such approval was refused, or (iii) the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest, and (b) that the development to which the permission relates must be begun not later than-- (i) the expiration of 5 years from the date of the grant of outline planning permission, or (ii) if later, the expiration of 2 years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved. (3) Only one application for approval may be made in a case to which subsection (2)(a) applies after the expiration of the 3 year period mentioned in subsection (2)(a)(i). (4) If outline planning permission is granted without the conditions required by subsection (2), it shall be deemed to have been granted subject to those conditions. (5) The authority concerned with the terms of an outline planning permission may in applying subsection (2) substitute, or direct that there be substituted, for the periods of 3 years, 5 years and 2 years referred to in that subsection such other periods respectively (whether longer or shorter) as they consider appropriate. (6) The authority may also specify, or direct that there be specified, separate periods under subsection (2)(a) in relation to separate parts of the development to which the planning permission relates; and, if they do so, the condition required by subsection (2)(b) shall then be framed correspondingly by reference to those parts, instead of by reference to the development as a whole. (7) In considering whether to exercise their powers under subsections (5) and (6), the authority shall have regard to the provisions of the development plan and to any other material considerations. 60 Provisions supplementary to sections 58 and 59(1) The authority referred to in section 58(1)(b) and 59(5) is-- (a) the planning authority or the Secretary of State, in the case of planning permission granted by them, (b) in the case of planning permission deemed to be granted under section 57(1), the department on whose direction planning permission is deemed to be granted, (c) in the case of planning permission deemed to be granted under section 57(2), the Secretary of State, and (d) in the case of planning permission granted on an appeal determined under paragraph 1 or 5 of Schedule 4 by a person appointed by the Secretary of State to determine the appeal, that person. (2) For the purposes of section 59, a reserved matter shall be treated as finally approved-- (a) when an application for approval is granted, or (b) in a case where the application is made to the planning authority and on an appeal to the Secretary of State against the authority's decision on the application the Secretary of State or a person mentioned in subsection (1)(d) grants the approval, when the appeal is determined. (3) Where a planning authority grant planning permission, the fact that any of the conditions of the permission are required by the provisions of section 58 or 59 to be imposed, or are deemed by those provisions to be imposed, shall not prevent the conditions being the subject of an appeal under section 47 against the decision of the authority. (4) In the case of planning permission (whether outline or other) which has conditions attached to it by or under section 58 or 59-- (a) development carried out after the date by which the conditions require it to be carried out shall be treated as not authorised by the permission, and (b) an application for approval of a reserved matter, if it is made after the date by which the conditions require it to be made, shall be treated as not made in accordance with the terms of the permission. 61 Termination of planning permission by reference to time limit: completion notices(1) This section applies where-- (a) by virtue of section 58 or 59, a planning permission is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed, (b) development has been begun in accordance with planning permission under a simplified planning zone scheme but has not been completed by the time the area ceases to be a simplified planning zone, or (c) development has been begun in accordance with planning permission under an enterprise zone scheme but has not been completed by the time the area ceases to be an enterprise zone. (2) If the planning authority are of the opinion that the development will not be completed within a reasonable period, they may serve a notice ("a completion notice") stating that the planning permission will cease to have effect at the expiration of a further period specified in the notice. (3) The period so specified must not be less than 12 months after the notice takes effect. (4) A completion notice shall be served-- (a) on the owner of the land, (b) on the occupier of the land, and (c) on any other person who in the opinion of the planning authority will be affected by the notice. (5) The planning authority may withdraw a completion notice at any time before the expiration of the period specified in it as the period at the expiration of which the planning permission is to cease to have effect. (6) If they do so they shall immediately give notice of the withdrawal to every person who was served with the completion notice. 62 Effect of completion notice(1) A completion notice shall not take effect unless and until it is confirmed by the Secretary of State. (2) In confirming a completion notice the Secretary of State may substitute some longer period for that specified in the notice as the period at the expiration of which the planning permission is to cease to have effect. (3) If, within such period as may be specified in a completion notice (which must not be less than 28 days from its service) any person on whom the notice is served so requires, the Secretary of State, before confirming the notice, shall give him and the planning authority an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (4) If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice (whether the original period specified under section 61(2) or a longer period substituted by the Secretary of State under subsection (2)). (5) Subsection (4) shall not affect any permission so far as development carried out under it before the end of the period mentioned in that subsection is concerned. 63 Power of Secretary of State to serve completion notice(1) If it appears to the Secretary of State that it is expedient that a completion notice should be served in respect of any land, he may himself serve such a notice under section 61. (2) A completion notice served by the Secretary of State shall have the same effect as if it had been served by the planning authority. (3) The Secretary of State shall not serve such a notice without consulting the planning authority. (4) The provisions of this Act relating to completion notices apply, so far as relevant, to a completion notice served by the Secretary of State as they apply to a completion notice served by a planning authority, but with the substitution for any reference in those provisions to the planning authority of a reference to the Secretary of State, and any other necessary modifications. Variation, revocation and modification of planning permission64 Power to vary planning permissionNotwithstanding any other provision of this Part, a planning authority may, at the request of the grantee or a person acting with his consent, vary any planning permission granted by them, if it appears to them that the variation sought is not material. 65 Power to revoke or modify planning permission(1) If it appears to the planning authority that it is expedient to revoke or modify any permission to develop land granted on an application made under this Part, the authority may by order revoke or modify the permission to such extent as they consider expedient. (2) In exercising their functions under subsection (1) the authority shall have regard to the development plan and to any other material considerations. (3) The power conferred by this section may be exercised-- (a) where the permission relates to the carrying out of building or other operations, at any time before those operations have been completed; (b) where the permission relates to a change of the use of any land, at any time before the change has taken place. (4) The revocation or modification of permission for the carrying out of building or other operations shall not affect so much of those operations as has previously been carried out. (5) Part II of Schedule 3 shall have effect for the purpose of making special provision with respect to the conditions which may be imposed by an order under this section revoking or modifying permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials. 66 Procedure for section 65 orders: opposed cases(1) Except as provided in section 67, an order under section 65 shall not take effect unless it is confirmed by the Secretary of State. (2) Where a planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on-- (a) the owner of the land affected, (b) the lessee and the occupier of the land affected, and (c) any other person who in their opinion will be affected by the order. (3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose. (4) If within that period such a person so requires, the Secretary of State shall, before he confirms the order, give such an opportunity both to that person and to the planning authority. (5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice. (6) The Secretary of State may confirm an order submitted to him under this section without modification or subject to such modifications as he considers expedient. 67 Procedure for section 65 orders: unopposed cases(1) This section applies where-- (a) the planning authority have made an order under section 65, and (b) the owner, the lessee and the occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to it. (2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement must specify-- (a) subject to subsection (4), the period within which persons affected by the order may give notice to the Secretary of State that they wish to have an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose, and (b) subject to subsection (5), the period at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by the Secretary of State. (3) The authority shall also serve notice to the same effect on the persons mentioned in subsection (1)(b). (4) The period referred to in subsection (2)(a) must not be less than 28 days from the date the advertisement first appears. (5) The period referred to in subsection (2)(b) must not be less than 14 days from the expiration of the period referred to in subsection (2)(a). (6) The authority shall send a copy of any advertisement published under subsection (2) to the Secretary of State not more than 3 days after the publication. (7) If-- (a) no person claiming to be affected by the order has given notice to the Secretary of State under subsection (2)(a) within the period referred to in that subsection, and (b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation, the order shall take effect at the expiry of the period referred to in subsection (2)(b), without being confirmed by the Secretary of State as required by section 66(1). (8) This section does not apply to-- (a) an order revoking or modifying a planning permission granted or deemed to have been granted by the Secretary of State under this Part or Part VI, or (b) an order modifying any conditions to which a planning permission is subject by virtue of section 58 or 59. 68 Revocation and modification of planning permission by the Secretary of State(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 65, he may himself make such an order. (2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State. (3) The Secretary of State shall not make such an order without consulting the planning authority. (4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority. (5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity. (7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 65, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it. (8) Part II of Schedule 3 shall have effect in relation to orders made by the Secretary of State by virtue of subsection (1) as it has effect in relation to orders made by the planning authority under section 65. References to Planning Inquiry Commissions69 Power to refer certain planning questions to Planning Inquiry Commission(1) The Secretary of State may constitute a Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2) in the circumstances mentioned in subsection (3). (2) The matters that may be referred to a Planning Inquiry Commission are-- (a) an application for planning permission which the Secretary of State has under section 46 directed to be referred to him instead of being dealt with by a planning authority; (b) an appeal under section 47 (including that section as applied by or under any other provision of this Act); (c) a proposal that a government department should give a direction under section 57(1) that planning permission shall be deemed to be granted for development by a local authority or by statutory undertakers which is required by any enactment to be authorised by that department; (d) a proposal that development should be carried out by or on behalf of a government department. (3) Any of those matters may be referred to a Planning Inquiry Commission under this section if it appears expedient to the responsible Minister or Ministers that the question whether the proposed development should be permitted to be carried out should be the subject of a special inquiry on either or both of the following grounds-- (a) that there are considerations of national or regional importance which are relevant to the determination of that question and require evaluation, but a proper evaluation of them cannot be made unless there is a special inquiry for the purpose; (b) that the technical or scientific aspects of the proposed development are of so unfamiliar a character as to jeopardise a proper determination of that question unless there is a special inquiry for the purpose. (4) Schedule 6, which contains further provisions as to Planning Inquiry Commissions, and as to the meaning of "the responsible Minister or Ministers" in subsection (3) and in that Schedule, shall have effect. 70 Power to refer certain planning questions to Joint Planning Inquiry Commission(1) The Ministers may constitute a Joint Planning Inquiry Commission to inquire into and report on any matter referred to them under subsection (2). (2) The matters that may be referred to a Joint Planning Inquiry Commission are the matters which may, under section 101 of the [1990 c. 8.] Town and Country Planning Act 1990 or section 69 of this Act, be referred to a Planning Inquiry Commission but which appear to the Ministers to involve considerations affecting both Scotland and England. (3) In subsections (1) and (2) "the Ministers" means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly. (4) Schedule 7, which contains further provisions as to Joint Planning Inquiry Commissions, shall have effect. Other controls over development71 Orders requiring discontinuance of use or alteration or removal of buildings or works(1) If, having regard to the development plan and to any other material considerations, it appears to a planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)-- (a) that any use of land should be discontinued or that any conditions should be imposed on the continuance of a use of land, or (b) that any buildings or works should be altered or removed, they may by order-- (i) require the discontinuance of that use, or (ii) impose such conditions as may be specified in the order on the continuance of it, or (iii) require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be. (2) An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order. (3) Section 65 shall apply in relation to any planning permission granted by an order under this section as it applies in relation to planning permission granted by the planning authority on an application made under this Part. (4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under this section. (5) Planning permission for such development may be granted so as to have effect from-- (a) the date on which the development was carried out, or (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period. (6) Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement. (7) In the case of planning permission granted by an order under this section, the authority referred to in sections 58(1)(b) and 59(5) is the planning authority making the order. (8) The previous provisions of this section do not apply to the use of any land for development consisting of the winning or working of minerals or involving the deposit of refuse or waste materials except as provided in Schedule 8, and in that Schedule-- (a) Part I shall have effect for the purpose of making provision as respects land which is or has been so used, and (b) Part II shall have effect as respects the registration of old mining provisions. 72 Confirmation by Secretary of State of section 71 orders(1) An order under section 71 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient. (2) Where a planning authority submit an order to the Secretary of State for his confirmation under this section, they shall serve notice-- (a) on the owner of the land affected, (b) on the lessee and the occupier of that land, and (c) on any other person who in their opinion will be affected by the order. (3) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (4) If within that period such a person so requires, the Secretary of State shall, before confirming the order, give such an opportunity both to that person and to the planning authority. (5) Where an order under section 71 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on the owner, the lessee and occupier of the land to which the order relates. 73 Power of the Secretary of State to make section 71 orders(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 71, he may himself make such an order. (2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State. (3) The Secretary of State shall not make such an order without consulting the planning authority. (4) Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority. (5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require the Secretary of State to give them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose. (6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity. (7) The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 71, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it. 74 Review of mineral planning permissions(1) Schedule 9 (which makes provision as respects the review of old mineral planning permissions) and Schedule 10 (which makes provision as respects the periodic review of mineral planning permissions) shall have effect. (2) Without prejudice to the generality of sections 30 and 31, a development order may make, in relation to any planning permission which is granted by a development order for minerals development, provision similar to any provision made by Schedule 9 or 10. (3) In this section and those Schedules "minerals development" means development consisting of the winning and working of minerals, or involving the depositing of mineral waste. 75 Agreements regulating development or use of land(1) A planning authority may enter into an agreement with any person interested in land in their district (in so far as the interest of that person enables him to bind the land) 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. (2) Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the planning authority to be necessary or expedient for the purposes of the agreement. (3) An agreement made under this section with any person interested in land may, if the agreement 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 person with whom the agreement was entered into. (4) No such agreement shall at any time 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 registered or against any person deriving title from such third party. (5) Nothing in this section or in any agreement made under it shall be construed-- (a) as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan, or (b) as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a). Part IV Compensation for Effects of Certain Orders, Notices etc.Compensation for revocation or modification of planning permission76 Compensation where planning permission revoked or modified(1) Where planning permission is revoked or modified by an order under section 65, then if, on a claim made to the planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the land-- (a) has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification, or (b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification, the planning authority shall pay that person compensation in respect of that expenditure, loss or damage. (2) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory to it, shall be taken to be included in the expenditure incurred in carrying out that work. (3) Subject to subsection (2), no compensation shall be paid under this section in respect of-- (a) any work carried out before the grant of the permission which is revoked or modified, or (b) any other loss or damage arising out of anything done or omitted to be done before the grant of that permission (other than loss or damage consisting of depreciation of the value of an interest in land). (4) In calculating for the purposes of this section the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted-- (a) subject to the condition set out in Schedule 12, for any development of a class specified in paragraph 1 of Schedule 11; (b) for any development of a class specified in paragraph 2 of Schedule 11. (5) In this Part any reference to an order under section 65 includes a reference to an order under the provisions of that section as applied by section 71(3) and paragraph 1(2) of Schedule 8. 77 Compensation for refusal or conditional grant of planning permission formerly granted by development order(1) Where-- (a) planning permission granted by a development order is withdrawn (whether by the revocation or amendment of the order or by the issue of directions under powers conferred by the order), and (b) on an application made under Part III planning permission for development formerly permitted by that order is refused or is granted subject to conditions other than those imposed by that order, section 76 shall apply as if the planning permission granted by the development order-- (i) had been granted by the planning authority under Part III, and (ii) had been revoked or modified by an order under section 65. (2) Where planning permission granted by a development order is withdrawn by revocation or amendment of the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the revocation or amendment came into operation. (3) This section does not apply in relation to planning permission for the development of operational land of statutory undertakers. (4) Regulations may provide that subsection (1) 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. 78 Apportionment of compensation for depreciation(1) Where compensation which becomes payable under section 76 includes compensation for depreciation of an amount exceeding £20, the planning authority-- (a) if it appears to them to be practicable to do so, shall apportion the amount of the compensation for depreciation between different parts of the land to which the claim for that compensation relates, and (b) shall give particulars of any such apportionment to the claimant and to any other person entitled to an interest in land which appears to the authority to be substantially affected by the apportionment. (2) In carrying out an apportionment under subsection (1)(a), the planning authority shall-- (a) divide the land into parts, and (b) distribute the compensation for depreciation between those parts, according to the way in which different parts of the land appear to the authority to be differently affected by the order or, in a case falling within section 77, the relevant planning decision, in consequence of which the compensation is payable. (3) Regulations shall make provision-- (a) for enabling the claimant or any other person to whom notice of the planning authority's apportionment has been given in accordance with subsection (1), or who establishes that he is entitled to an interest in land which is substantially affected by such an apportionment, if he wishes to dispute the apportionment, to require it to be referred to the Lands Tribunal, (b) for enabling the claimant and any other person mentioned in paragraph (a) to be heard by the Tribunal on any reference under this section of that apportionment, and (c) for requiring the Tribunal, on any such reference, either to confirm or vary the apportionment and to notify the parties of the decision. (4) On a reference to the Lands Tribunal by virtue of subsection (3), subsections (1) and (2), so far as they relate to the making of an apportionment, shall apply with the substitution, for references to the planning authority, of references to the Lands Tribunal. (5) In this section--
79 Registration of compensation for depreciation(1) Where compensation which becomes payable under section 76 includes compensation for depreciation of an amount exceeding £20, the planning authority shall-- (a) have a notice in the prescribed form stating that such compensation has become payable, specifying the land to which the compensation relates, the amount of the compensation for depreciation and any apportionment of it under section 78, recorded in the appropriate Register of Sasines or registered in the Land Register of Scotland, and (b) send a copy of the notice to the Secretary of State. (2) In relation to compensation for depreciation specified in a notice recorded or, as the case may be, registered under subsection (1), references in this Part to so much of the compensation as is attributable to a part of the land to which the notice relates shall be construed in accordance with the following provisions, that is to say-- (a) if the notice does not include an apportionment under section 78, the amount of the compensation shall be treated as distributed rateably according to area over the land to which the notice relates; (b) if the notice includes such an apportionment, the compensation shall be treated as distributed in accordance with that apportionment as between the different parts of the land by reference to which the apportionment is made; and so much of the compensation as, in accordance with the apportionment, is attributed to a part of the land shall be treated as distributed rateably according to area over that part of the land. 80 Recovery of compensation on subsequent development(1) No person shall carry out any development to which this section applies, on land in respect of which a notice (in this Part referred to as a "compensation notice") is recorded or, as the case may be, registered under section 79(1), until such amount, if any, as is recoverable under this section in respect of the compensation specified in the notice has been paid or secured to the satisfaction of the Secretary of State. (2) Subject to the following provisions of this section, this section applies to any development-- (a) which is development of a residential, commercial or industrial character and consists wholly or mainly of the construction of houses, flats, shop or office premises, or industrial buildings (including warehouses), or any combination thereof, (b) which consists in the winning and working of minerals, or (c) to which, having regard to the probable value of the development, it is in the opinion of the Secretary of State reasonable that this section should apply. (3) This section shall not apply to any development by virtue of subsection (2)(c) if, on an application made to him for the purpose, the Secretary of State has certified that, having regard to the probable value of the development, it is not in his opinion reasonable that this section should apply to it. (4) Where the compensation specified in the compensation notice became payable in respect of the imposition of conditions on the granting of permission to develop land, this section shall not apply to the development for which that permission was granted. (5) This section does not apply to any development-- (a) of a class specified in paragraph 1 of Schedule 11 which is carried out in accordance with the condition set out in Schedule 12, or (b) of a class specified in paragraph 2 of Schedule 11. (6) This section does not apply in a case where the compensation under section 76 specified in a compensation notice became payable in respect of an order modifying planning permission, and the development is in accordance with that permission as modified by that order. 81 Amount recoverable, and provisions for payment or remission(1) Subject to the following provisions of this section, the amount recoverable under section 80 in respect of the compensation specified in a compensation notice-- (a) if the land on which the development is to be carried out (in this subsection referred to as "the development area") is identical with, or includes (with other land) the whole of, the land comprised in the compensation notice, shall be the amount of compensation specified in that notice; (b) if the development area forms part of the land comprised in the compensation notice, or includes part of that land together with other land not comprised in that notice, shall be so much of the amount of the compensation specified in that notice as is attributable to land comprised in that notice and falling within the development area. (2) Where, in the case of any land in respect of which a compensation notice has been recorded or registered, the Secretary of State is satisfied, having regard to the probable value of any proper development of that land, that no such development is likely to be carried out unless he exercises his powers under this subsection, he may, in the case of any particular development, remit the whole or any part of any amount otherwise recoverable under section 80. (3) Where, in connection with the development of any land, an amount becomes recoverable under section 80 in respect of the compensation specified in a compensation notice, then, except where, and to the extent that, payment of that amount has been remitted under subsection (2) above, no amount shall be recoverable under section 80 in respect of that compensation, in so far as it is attributable to that land, in connection with any subsequent development thereof. (4) No amount shall be recoverable under section 80 in respect of any compensation by reference to which a sum has become recoverable by the Secretary of State under section 257. (5) An amount recoverable under section 80 in respect of any compensation-- (a) shall be payable to the Secretary of State, (b) shall be so payable either as a single capital payment or as a series of instalments of capital and interest combined, or as a series of other annual or periodical payments, of such amounts, and payable at such times, as the Secretary of State may direct, after taking into account any representations made by the person by whom the development is to be carried out, and (c) except where the amount is payable as a single capital payment, shall be secured by that person to the satisfaction of the Secretary of State (whether by heritable or other security, personal bond or otherwise). (6) If any person initiates any development to which section 80 applies in contravention of subsection (1) of that section, the Secretary of State may serve a notice on him specifying the amount appearing to the Secretary of State to be the amount recoverable under that section in respect of the compensation in question, and requiring him to pay that amount to the Secretary of State within such period, not being less than 3 months after the service of the notice, as may be specified in the notice. (7) Where, after a compensation notice in respect of any land has been recorded or, as the case may be, registered-- (a) any amount recoverable under this section in respect of the compensation specified in the notice, or any part of such amount, has been paid to the Secretary of State, or (b) circumstances arise under which by virtue of any provision of this Act no amount is so recoverable in respect of the land specified in the notice or any part of that land, the Secretary of State shall cause to be recorded in the appropriate Register of Sasines or, as the case may be, registered in the Land Register of Scotland, a notice of that fact, specifying the land to which such fact relates and, in the case of any notice of the fact that part only of such amount has been so paid, stating whether the balance has been secured to the satisfaction of the Secretary of State or has been remitted by him under subsection (2) of this section, and shall send a copy of it to the planning authority. 82 Provisions for payment or remission of amount recoverable under section 80(1) Subject to subsection (2), any sum recovered by the Secretary of State under section 80 shall be paid to the planning authority who paid the compensation to which that sum relates. (2) Subject to subsection (3), in paying any such sum to the planning authority, the Secretary of State shall deduct from it the amount of any grant paid by him under Part XIII in respect of that compensation. (3) If the sum recovered by the Secretary of State under section 80-- (a) is an instalment of the total sum recoverable, or (b) is recovered by reference to development of part of the land in respect of which the compensation was payable, any deduction to be made under subsection (2) shall be a deduction of such amount as the Secretary of State may determine to be the proper proportion of the amount referred to in that subsection. 83 Compensation in respect of orders under section 71 etcPages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 -- Back --
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