Town and Country Planning (Scotland) Act 1997 in England
1997 c. 8 · Enacted 27 February 1997 · Extends to England, Wales and Scotland
Contents
- 1APlanning authorities: chief planning officer
- 2Enterprise zones.
- 3Urban development areas.
- Part 1ZA: Purpose of planning
- 3ZAPurpose of planning
- 3AADuty to review the National Planning Framework
- 3ABRevising the framework: participation statement and considerations
- 3CANational Planning Framework: procedure
- Duties to assist in shaping the National Planning Framework
- 3CBKey agencies to co-operate
- 3CCAmendment of National Planning Framework
- 3FGreenhouse gas emissions policies Repealed
- 4ZARegional spatial strategies
- 4ZBDuties to have regard to regional spatial strategies
- 4ZCRegional spatial strategies: first strategy, review and revision
- 4ZDDirections to prepare or review regional spatial strategies
- 4ZEGuidance for regional spatial strategies
- 4Strategic development planning authorities Repealed
- 5Strategic development plan area Repealed
- 6Re-determination of boundary of strategic development plan area Repealed
- 7Form and content of strategic development plan Repealed
- 8Preparation of strategic development plan etc. : general Repealed
- 9Main issues report for preparation of strategic development plan Repealed
- 10Preparation and publication of proposed strategic development plan Repealed
- 11Alternative proposals Repealed
- 12Examination of proposed strategic development plan Repealed
- 12AFurther provision as regards examination under section 12(2) Repealed
- 13Proposed strategic development plan: approval or rejection Repealed
- 14Publication of and publicity for strategic development plan Repealed
- 15APreparation of local development plan: invitation to prepare local place plans
- 15BReview of local place plans
- 16AParticipation of children and young people in local development plan
- 16BEvidence report for preparation of local development plan
- 16CEffective community engagement: guidance
- 16DPlay sufficiency assessment
- 16EPublication of list of persons seeking land for self-build housing
- 19ZAExamination under section 19(3): further provision
- 20AAAmendment of local development plan
- ...
- 22Supplementary guidance Repealed
- Supplementary provisions
- 23Disregarding of representations with respect to development authorised by or under other enactments
- 23ARegulations under this Part
- 23BDefault powers of the Scottish Ministers
- 23CReviews of plans in enterprise zones
- 24Meaning of “development plan”
- General
- 25Status of development plan
- 26ABPower by order to provide marine fish farming is not “development”
- 26AHierarchy of developments
- 27BNotification of completion of development
- Display of notice while development is carried out
- 27CDisplay of notice while development is carried out
- 29Granting of planning permission: general.
- 31Permission granted by development order.
- Planning permission in respect of operation of marine fish farm
- 32Applications for planning permission
- Variation of application
- 32BVariation of application referred to the Scottish Ministers
- 33ANotice requiring application for planning permission for development already carried out
- 38APre-determination hearings
- 39ADeclining to determine an application: further provision
- 41AConditional grant of planning permission: noise-sensitive developments
- 43BMatters which may be raised in a review under section 43A(8)
- 44Effect of planning permission.
- 46ACall-in of applications by Scottish Ministers: further provision
- 49Simplified planning zones.
- 51Simplified planning zone schemes: conditions and limitations on planning permission.
- 52Duration of simplified planning zone scheme.
- 53Alteration of simplified planning zone scheme.
- Masterplan consent areas
- 54AMaking and alteration of schemes
- 54BScheme grants planning permission, etc.
- 54CContent of schemes: self-build housing
- 54DEffect of altering scheme
- 54EFurther provision about effect of scheme
- 54FInterpretation of provisions about schemes
- 56Effect on planning permission of modification or termination of scheme.
- 62Effect of completion notice.
- 62AObjection to completion notice
- 63Power of Secretary of State to serve completion notice.
- 64Power to vary planning permission.
- 66Procedure for section 65 orders: opposed cases.
- 68Revocation and modification of planning permission by the Secretary of State.
- References to Planning Inquiry Commissions
- 70Power to refer certain planning questions to Joint Planning Inquiry Commission.
- 72Confirmation by Secretary of State of section 71 orders.
- 73Power of the Secretary of State to make section 71 orders.
- 74Review of mineral planning permissions.
- 75DGood neighbour agreements
- 75EGood neighbour agreements: modification and discharge of obligations
- 75FGood neighbour agreements: appeals
- 75GGood neighbour agreements: continuing liability of former owner etc.
- Compensation for revocation or modification of planning permission
- 76Compensation where planning permission revoked or modified.
- 78Apportionment of compensation for depreciation.
- 79Registration of compensation for depreciation.
- 80Recovery of compensation on subsequent development.
- 81Amount recoverable, and provisions for payment or remission.
- 82Provisions for payment or remission of amount recoverable under section 80.
- 83Compensation in respect of orders under section 71 etc.
- 84Special basis for compensation in respect of certain orders affecting mineral working.
- 85Power to make provision for determination of claims.
- 86Lands Tribunal to determine claims if not otherwise provided.
- Supplementary provisions
- 87General provisions as to compensation for depreciation under this Part.
- Chapter I: Interests Affected by Planning Decisions or Orders
- 89Circumstances in which land incapable of reasonably beneficial use.
- Duties of authorities on service of purchase notice
- 90Action by planning authority on whom purchase notice is served.
- 91Procedure on reference of purchase notice to Secretary of State.
- 92Action by Secretary of State in relation to purchase notice.
- 93Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.
- 94Effect of Secretary of State’s action in relation to purchase notice.
- Compensation
- 95Special provisions as to compensation where purchase notice served.
- Special provisions for requiring purchase of whole of partially affected agricultural unit
- 96Counter-notice requiring purchase of remainder of agricultural unit.
- 97Effect of counter-notice under section 96.
- 98Provisions supplemental to sections 96 and 97.
- Supplemental
- Chapter II: Interests Affected by Planning Proposals: Blight
- Preliminary
- Blight notices
- 104Reference of objection to Lands Tribunal: general.
- 105Effect of valid blight notice.
- 106Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.
- 107Withdrawal of blight notice.
- Compensation
- 108Special provisions as to compensation for acquisition in pursuance of blight notice.
- Special provisions for requiring purchase of whole of partially affected agricultural units
- 109Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.
- 110Objection to section 109 notice.
- 111Effect of section 109 notice.
- Successors, heritable creditors and partnerships
- 112Powers of successors in respect of blight notice.
- 113Power of heritable creditor to serve blight notice.
- 114Prohibition on service of simultaneous notices under sections 101, 112 and 113.
- 115Special provisions as to partnerships.
- 116Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.
- 117Saving for claimant’s right to sell whole hereditament, etc.
- 118No withdrawal of constructive notice to treat.
- 119Meaning of “owner-occupier” and “resident owner-occupier”.
- Application
- 124Time limits.
- Planning contravention notices
- Enforcement notices
- 127Issue of enforcement notice.
- 128Contents and effect of notice.
- 129Variation and withdrawal of enforcement notice.
- 132General provisions relating to determination of appeals.
- 134Validity of enforcement notices.
- 136AFixed penalty notice where enforcement notice not complied with
- 137Effect of planning permission etc. on enforcement or breach of condition notice.
- 139Power of Secretary of State to serve enforcement notice.
- Stop notices
- 140Stop notices.
- 141Stop notices: supplementary provisions.
- 142Power of the Secretary of State to serve stop notice.
- Temporary stop notices
- 144ATemporary stop notices
- 144BTemporary stop notices: restrictions
- 144DTemporary stop notices: compensation
- Breach of condition notices
- 145AFixed penalty notice where breach of condition notice not complied with
- Interdicts
- 146Interdicts restraining breaches of planning control.
- Registers
- Enforcement of orders for discontinuance of use, etc.
- 148Penalties for contravention of orders under section 71 and Schedule 8.
- 149Enforcement of orders under section 71 and Schedule 8.
- Certificate of lawful use or development
- 150Certificate of lawfulness of existing use or development.
- 151Certificate of lawfulness of proposed use or development.
- 152Certificates under sections 150 and 151: supplementary provisions.
- 153Offences.
- 154Appeals against refusal or failure to give decision on application.
- Rights of entry for enforcement purposes
- 157Right to enter under warrant.
- 158Rights of entry: supplementary provisions.
- 158AEnforcement charters
- Chapter I: Trees
- A159Forestry and woodland strategy
- 161AImminent danger to trees: entry to affix copy of tree preservation order
- Compensation for loss or damage caused by orders etc.
- 165Compensation in respect of tree preservation orders.
- Consequences of tree removal etc.
- 167Replacement of trees.
- 170Execution and cost of works required by section 168 notice.
- 171Penalties for non-compliance with tree preservation order.
- Trees in conservation areas
- 173Power to disapply section 172.
- 174Enforcement of controls as respects trees in conservation areas.
- 175Register of section 172 notices.
- Rights of entry
- 176Rights to enter without warrant.
- 177Right to enter under warrant.
- 178Rights of entry: supplementary provisions.
- Chapter II: Land Adversely Affecting Amenity of Neighbourhood
- Land adversely affecting other land
- 179Notice requiring proper maintenance of land.
- 181Register of notices under section 179.
- Chapter III: Advertisements
- Advertisement regulations
- 183Power to make different advertisement regulations for different areas.
- Repayment of expense of removing prohibited advertisements
- 185Repayment of expense of removing prohibited advertisements.
- Enforcement of control over advertisements
- 187Power to remove or obliterate placards and posters.
- Acquisition for planning and public purposes
- Powers relating to land held for planning purposes
- 192Disposal by Secretary of State of land acquired under section 190.
- 193Development of land held for planning purposes.
- Extinguishment of certain rights affecting acquired or appropriated land
- 195General vesting declarations.
- 197Provisions as to churches and burial grounds.
- 198Use and development of land for open spaces.
- 199Displacement of persons from land acquired or appropriated.
- 200Modification of incorporated enactments for purposes of this Part.
- 201Interpretation of this Part.
- Stopping up and diversion of roads by Secretary of State
- Powers of local authorities to extinguish certain rights
- 203Order extinguishing right to use vehicles on road.
- 204Compensation for orders under section 203.
- 206Extinguishment of public rights of way over land held for planning purposes.
- Powers of planning authorities to stop up roads, etc.
- Procedure
- 209Procedure for making and confirming orders by Secretary of State and planning authorities.
- 210Recovery of costs of making orders.
- Supplementary provisions
- 211Concurrent proceedings in connection with roads.
- Temporary road orders: mineral workings
- 213Temporary stopping up of roads, footpaths and bridleways for mineral workings.
- Preliminary
- Application of Part III to statutory undertakers
- 219Conditional grants of planning permission.
- Extension or modification of statutory undertakers’ functions
- Compensation
- 234Exclusion of section 233 at option of statutory undertakers.
- Advertisements
- 236Special provisions as to display of advertisements on operational land.
- 241Special provisions as to orders subject to special parliamentary procedure.
- 241AApplication to the Crown
- 245AEnforcement in relation to the Crown
- 245BReferences to an interest in land
- 247AApplications for planning permission by Crown
- Enforcement in respect of war-time breaches of planning control by the Crown
- 251Enforcement in respect of war-time breaches of planning control by the Crown.
- 253AGrants for advice and assistance
- 256Assistance for acquisition of property where objection made to blight notice in certain cases.
- 257Recovery from acquiring authorities of sums paid by way of compensation.
- 258Sums recoverable from acquiring authorities reckonable for purposes of grant.
- 259Financial provision.
- 260General provision as to receipts of Secretary of State.
- Expenses of local authorities
- 261Expenses of, and borrowing by, local authorities.
- Application of Act in special cases
- National Scenic Areas
- 263BNational Scenic Areas: report on consultation
- Natural Heritage Areas
- National Parks
- 264ANational Parks
- 265APlanning inquiries to be held in public subject to certain exceptions
- 268Inquiries under Private Legislation Procedure (Scotland) Act 1936.
- Promotion and use of mediation etc.
- 268APromotion and use of mediation etc.
- Rights of entry
- 270ARights of entry: Crown land
- Miscellaneous and general provisions
- 270BEqual opportunities
- 271AService of notices on the Crown
- 272AInformation as to interests in Crown land
- 273Offences by corporations.
- 274Combined applications.
- 275AFurther provision as regards regulations: inquiries etc.
- 276Act not excluded by special enactments.
- 278Citation, commencement and extent.
- Preliminary
- Continuation in force of old development plans
- ...
- Street authorisation maps
- ...
- 5Paragraph 5 Repealed
- Discontinuance of old development plans
- 6AParagraph 6A
- 8Paragraph 8
- 10Paragraph 10
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part I: Conditions imposed on grant of permission
- Duration of development
- 1Paragraph 1
- Power to impose aftercare conditions
- 2Paragraph 2
- Meaning of “required standard”
- 3Paragraph 3
- Consultations
- Certificate of compliance
- 5Paragraph 5
- Recovery of expenses of compliance
- 6Paragraph 6
- Part II: Conditions Imposed on Revocation or Modification of Permission
- 7Paragraph 7
- 8Paragraph 8
- Determination of appeals by appointed person
- Powers and duties of appointed persons
- Determination of appeals by Secretary of State
- 4Paragraph 4
- Appointment of another person to determine appeal
- 5Paragraph 5
- Local inquiries and hearings
- Supplementary provisions
- 7Paragraph 7
- General
- 1Paragraph 1
- Notification of proposals to alter scheme
- 2Paragraph 2
- Power of Secretary of State to direct alteration of scheme
- 3Paragraph 3
- 4Paragraph 4
- Steps to be taken before depositing proposals
- 5Paragraph 5
- Procedure after deposit of proposals
- 6Paragraph 6
- Procedure for dealing with objections
- 7Paragraph 7
- Adoption of proposals by planning authority
- 8Paragraph 8
- Calling in of proposals for approval by Secretary of State
- 9Paragraph 9
- Approval of proposals by Secretary of State
- 10Paragraph 10
- Default powers
- 11Paragraph 11
- Regulations and directions
- 12Paragraph 12
- Schedule 5A: Masterplan consent areas
- Part 1: Content of schemes
- General
- 1Paragraph 1
- Further provision about conditions, limitations and exceptions
- 2Paragraph 2
- Places that cannot be included in a scheme
- 3Paragraph 3
- Part 2: Making and altering of schemes by planning authorities
- Power to make or alter scheme
- 4Paragraph 4
- Duty to periodically consider making scheme
- 5Paragraph 5
- Duty to seek to make or alter scheme when directed to do so
- 6Paragraph 6
- Part 3: Process for planning authority making or altering scheme
- Chapter 1: Process for all cases
- Outline of process
- 7Paragraph 7
- Consultation on possible proposals
- 8Paragraph 8
- Publicity for proposals
- 9Paragraph 9
- Consideration of representations
- 10Paragraph 10
- Chapter 2: Further process for some cases
- Requirement to hold hearings
- 11Paragraph 11
- Requirement to notify the Scottish Ministers of certain proposals
- 12Paragraph 12
- Pause before making certain alterations
- 13Paragraph 13
- 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
- 14Paragraph 14
- Powers after calling in
- 15Paragraph 15
- Chapter 2: Making or altering scheme following paragraph 6 direction
- Power to make or alter scheme
- 16Paragraph 16
- Process for making or altering schemes
- 17Paragraph 17
- Recovery of costs
- 18Paragraph 18
- Part 5: Further powers of Scottish Ministers
- Chapter 1: Excluding kinds of development from schemes
- Power to exclude kinds of development
- 19Paragraph 19
- Effect of exclusion on existing schemes
- 20Paragraph 20
- Chapter 2: Powers in relation to procedure, etc.
- Directions about procedure and provision of information
- 21Paragraph 21
- Regulations about form, content and procedure
- 22Paragraph 22
- Part 6: Interpretation
- Application of section 54F
- 23Paragraph 23
- Calculation of periods
- 24Paragraph 24
- Constitution
- 1Paragraph 1
- References
- 2Paragraph 2
- Procedure on reference
- 3Paragraph 3
- Functions on reference
- 4Paragraph 4
- Local inquiries held by commission
- 6Paragraph 6
- Schedule 7: Joint Planning Inquiry Commissions
- Constitution
- 1Paragraph 1
- References
- 2Paragraph 2
- Procedure on reference
- 3Paragraph 3
- Functions on reference
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Local inquiries
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Part I: Requirements relating to discontinuance of mineral working
- Orders requiring discontinuance of mineral working
- 1Paragraph 1
- 2Paragraph 2
- Prohibition of resumption of mineral working
- 3Paragraph 3
- 4Paragraph 4
- Orders after suspension of winning and working of minerals
- 5Paragraph 5
- Supplementary suspension orders
- 6Paragraph 6
- Confirmation and coming into operation of suspension orders
- 7Paragraph 7
- Registration of suspension orders
- 8Paragraph 8
- Review of suspension orders
- 9Paragraph 9
- Old mining permissions
- 10Paragraph 10
- Resumption of mineral working after suspension order
- 11Paragraph 11
- Default powers of Secretary of State
- 12Paragraph 12
- Part II: Registration of Old Mining Permissions
- Application for registration
- 13Paragraph 13
- Determination of conditions
- 14Paragraph 14
- Registration
- 15Paragraph 15
- General provisions about applications
- 16Paragraph 16
- Right of appeal
- 17Paragraph 17
- Determination of appeal
- Reference of applications to Secretary of State
- 19Paragraph 19
- Two or more applicants
- 20Paragraph 20
- Application of provisions relating to planning permission
- Interpretation
- 22Paragraph 22
- Interpretation
- Phase I and II sites
- 2Paragraph 2
- The “first list”
- 3Paragraph 3
- The “second list”
- 4Paragraph 4
- Advertisement of the first and second lists
- 5Paragraph 5
- Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applications
- 6Paragraph 6
- 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
- 7Paragraph 7
- Service on owners etc. of notice of preparation of the first and second lists
- 8Paragraph 8
- 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
- 10Paragraph 10
- Right to appeal against planning authority’s determination of conditions etc.
- 11Paragraph 11
- Permissions ceasing to have effect
- 12Paragraph 12
- Reference of applications to the Secretary of State
- 13Paragraph 13
- Two or more applicants
- 14Paragraph 14
- Compensation
- 15Paragraph 15
- Appeals: general procedural provisions
- 16Paragraph 16
- Duty to carry out periodic reviews
- 1Paragraph 1
- Interpretation
- The first review date
- 3Paragraph 3
- Service of notice of first periodic review
- 4Paragraph 4
- Application for postponement of the first review date
- 5Paragraph 5
- Application to determine the conditions to which the mineral permissions relating to a mining site are to be subject
- Permissions ceasing to have effect
- 7Paragraph 7
- Reference of applications to the Secretary of State
- 8Paragraph 8
- Appeals
- 9Paragraph 9
- Time from which conditions determined under this Schedule are to take effect
- 10Paragraph 10
- Two or more applicants
- 11Paragraph 11
- Second and subsequent periodic reviews
- 12Paragraph 12
- Compensation
- 13Paragraph 13
- 1Paragraph 1
- 2Paragraph 2
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Power to modify compensation provisions
- Determination of claims
- 2Paragraph 2
- Land allocated for public authority functions in development plans etc.
- 3Paragraph 3
- 4Paragraph 4
- New towns and urban development areas
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Housing action areas
- 8Paragraph 8
- 9Paragraph 9
- Roads
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Land identified in national policy statements so far as relating to certain pipe-lines
- 18Paragraph 18
- Note
- Part I: General provisions
- Execution of general vesting declarations
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Effect of general vesting declaration
- 6Paragraph 6
- 8Paragraph 8
- Recovery of compensation overpaid
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Penalty for false information in claiming compensation
- 15Paragraph 15
- Part II: Supplementary provisions
- 16Paragraph 16
- Exclusion of power of entry under the Acquisition Act 1947
- 17Paragraph 17
- Restriction on withdrawal of constructive notice to treat
- 18Paragraph 18
- Objection to severance
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Compensation
- 30Paragraph 30
- 31Paragraph 31
- Charges and tenancies
- 32Paragraph 32
- 33Paragraph 33
- Miscellaneous
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Part III: Interpretation
- 38Paragraph 38
- 39Paragraph 39
- Part I: Making orders
- Procedure for making of orders by Secretary of State
- 1Paragraph 1
- Procedure in anticipation of planning permission, etc.
- Further procedure in anticipation of planning permission, etc.
- Part II: Confirmation of orders
- Application
- 4Paragraph 4
- Confirmation of orders made by other authorities
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 10Paragraph 10
- Part III: Publicity for orders after confirmation
- 11Paragraph 11
- Preliminary
- 1Paragraph 1
- Making of compliance determination applications
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Determination of applications
- 5Paragraph 5
- Appeals against compliance determinations or failure to make such determinations
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Fresh applications where alteration in circumstances
- 9Paragraph 9
- References of application to Secretary of State
- 10Paragraph 10
- Information
- 11Paragraph 11
- Opportunity for hearing
- 12Paragraph 12
- Notice of proposed enforcement
- 13Paragraph 13
- Power of entry
- 14Paragraph 14
- Service of notices
- 15Paragraph 15
- Supplementary provisions
- 16Paragraph 16
- Part I: Provisions referred to in sections 261(1) and (2) and 262(1)
- Paragraph
- Paragraph Repealed
- Part: TABLE OF DERIVATIONS
- 1Notes:
- 2Paragraph 2
- Acts of Parliament
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 19: Local place plans
- Preparation of local place plans
- 1Paragraph 1
- Submission of local place plans
- 2Paragraph 2
- Register of local place plans
- 3Paragraph 3
- Map of local place plans
- 4Paragraph 4
- Meaning of “community body”
- 5Paragraph 5