Section 102 Compulsory acquisition of land in connection with development and for other planning purposes.C2C1
Scotland
A local authority F2. . . shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement;
any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.
A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—
to the provisions of the development plan, so far as material;
to whether planning permission for any development on the land is in force; and
to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.
Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
any land adjoining that land which is required for the purposes of executing works for facilitating its development or use; or
where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.
It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (1B)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves).
Where under subsection (1) of this section the Secretary of State has power to authorise a local authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act.
Before giving an authorisation under subsection (2) of this section, the Secretary of State shall consult the local authority within whose area the land is situated.
The M1Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.
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Annotations
Textual amendments
- F1
S. 102(1)(1A)-(1C) substituted for S. 102(1) by Local Government, Planning and Land Act 1980 (c. 65), s. 92(4)
- F2
Words in s. 102(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2
- F3
S. 102(3) substituted (1.4.1996) by 1994 c. 39, s. 33(2), Sch. 4 para. 10; S.I. 1995/702, art. 6(b); S.I. 1996/323, art. 4(1)(a), Sch. 1
- F4
S. 102(5) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2
Marginal citations
- M1
Modifications
- C1
S. 102 restricted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1973 c. 65, s. 171C (as inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a))
- C2
S. 102 amended (1.4.1983) by Local Government (Scotland) Act 1973 (c. 65), s. 154A(5) (as inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 7)
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Part VI
Modifications
- C1
Pt. VI (ss. 102–122) applied by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 93, Sch. 7 Pt. III para. 13 (with s. 335)