Office of Public Sector Information
PART 7 continued CHAPTER 2 continued
In the Town and Country Planning (Scotland) Act 1997 (c. 8), after section 172(4) (preservation of trees in conservation areas) there are inserted the following subsections—
“(5) An emanation of the Crown must not, in relation to a tree to which this section applies, do an act mentioned in subsection (1) above unless—
(a) the first condition is satisfied, and
(b) either the second or third condition is satisfied.
(6) The first condition is that the emanation serves notice of an intention to do the act (with sufficient particulars to identify the tree) on the planning authority in whose area the tree is situated.
(7) The second condition is that the act is done with the consent of the authority.
(8) The third condition is that the act is done—
(a) after the end of the period of six weeks starting with the date of the notice, and
(b) before the end of the period of two years starting with that date.”
(1) Subsection (2) applies if—
(a) an old mining permission relates to land which is Crown land, and
(b) the permission has not been registered in pursuance of Part 2 of Schedule 8 to the Town and Country Planning (Scotland) Act 1997.
(2) Paragraph 10 of that Schedule and that Part apply to the old mining permission subject to the following modifications—
(a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is substituted “the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004”,
(b) in paragraph 13(3) of that Part, for “24 January 1992” there is substituted “the date of commencement of section 97(2) of the Planning and Compulsory Purchase Act 2004”.
(3) “Old mining permission” must be construed in accordance with paragraph 10 and Part 2 of that Schedule.
(4) “Crown land” must be construed in accordance with Part 12 of the Town and Country Planning (Scotland) Act 1997.
(1) The Scottish Ministers may by order provide that relevant subordinate legislation applies to the Crown.
(2) The order may modify such subordinate legislation to the extent that the Scottish Ministers think appropriate for the purposes of its application to the Crown.
(3) Relevant subordinate legislation is an instrument which—
(a) is made under or (wholly or in part) for the purposes of any of the Scottish planning Acts,
(b) is made before the commencement of section 90 of this Act, and
(c) is specified in the order.
(4) In subsection (3), “instrument” includes an instrument made under an Act of the Scottish Parliament.
(1) Section 226 of the principal Act (compulsory acquisition of land for development and other planning purposes) is amended as follows.
(2) In subsection (1)—
(a) the first “which” is omitted;
(b) for paragraph (a) there is substituted the following paragraph—
“(a) if the authority think that the acquisition will facilitate the carrying out of development, re-development or improvement on or in relation to the land,”;
(c) in paragraph (b) at the beginning there is inserted “which”.
(3) After subsection (1) there is inserted the following subsection—
“(1A) But a local authority must not exercise the power under paragraph (a) of subsection (1) unless they think that the development, re-development or improvement is likely to contribute to the achievement of any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of their area;
(b) the promotion or improvement of the social well-being of their area;
(c) the promotion or improvement of the environmental well-being of their area.”
(4) Subsection (2) is omitted.
(5) Nothing in this section affects a compulsory purchase order made before the commencement of this section.
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) In section 6 (service of documents), in subsection (4)—
(a) after “lessee” in each place there is inserted “, tenant”;
(b) after ““lessee” there is inserted “, “tenant””.
(3) In section 7 (interpretation), after subsection (2) there is added—
“(3) But an instrument containing regulations made for the purposes of section 13A or paragraph 4A of Schedule 1 is subject to annulment in pursuance of a resolution of either House of Parliament.”
(4) In section 11 (notices in newspapers), after subsection (2) there is added—
“(3) In addition, the acquiring authority shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the order.
(4) The notice under subsection (3) must—
(a) be addressed to persons occupying or having an interest in the land, and
(b) set out each of the matters mentioned in subsection (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under subsection (3) is first affixed).”
(5) In section 12 (notices to owners, lessees and occupiers)—
(a) in subsection (1), for the words from “owner” to “order” (where it first appears) there is substituted “qualifying person”;
(b) for subsection (2) there is substituted—
“(2) A person is a qualifying person, in relation to land comprised in an order, if—
(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of the land, or
(b) he falls within subsection (2A).
(2A) A person falls within this subsection if he is—
(a) a person to whom the acquiring authority would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b) a person the acquiring authority thinks is likely to be entitled to make a relevant claim if the order is confirmed and the compulsory purchase takes place, so far as he is known to the acquiring authority after making diligent inquiry.
(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).”
(6) For section 13 (confirmation of compulsory purchase order) there are substituted the following sections—
(1) The confirming authority may confirm a compulsory purchase order with or without modifications if it is satisfied—
(a) that the notice requirements have been complied with, and
(b) that one of the conditions in subsection (2) is satisfied.
(2) The conditions are—
(a) no relevant objection is made;
(b) every relevant objection made is either withdrawn or disregarded.
(3) The confirming authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4) If the confirming authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5) The notice requirements are the requirements under sections 11 and 12 to publish, affix and serve notices in connection with the compulsory purchase order.
(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of section 12(2), but if such a person qualifies only by virtue of section 12(2A)(b) and the confirming authority thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7) Disregarded means disregarded under subsection (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
(1) This section applies to the confirmation of a compulsory purchase order if a relevant objection is made which is neither—
(a) withdrawn, nor
(b) disregarded,
(a remaining objection).
(2) The confirming authority may proceed under the written representations procedure—
(a) if the order is not subject to special parliamentary procedure,
(b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
(c) if every person who has made a remaining objection consents in the prescribed manner.
(3) If subsection (2) does not apply or if the confirming authority decides not to proceed under that subsection, it must either—
(a) cause a public local inquiry to be held, or
(b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the confirming authority for the purpose.
(4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under subsection (3)(b) the confirming authority must give the acquiring authority and any other person it thinks appropriate the opportunity to be heard at the same time.
(5) The confirming authority may confirm the order with or without modifications if it has considered the objection and either —
(a) it has followed the written representations procedure, or
(b) in a case which falls within subsection (3), if an inquiry was held or a person was appointed under subsection (3)(b), it has considered the report of the person who held the inquiry or who was so appointed.
(6) The written representations procedure is such procedure as is prescribed for the purposes of this section including provision affording an opportunity to—
(a) every person who has made a remaining objection,
(b) the acquiring authority, and
(c) any other person the confirming authority thinks appropriate,
to make written representations as to whether the order should be confirmed.
(7) Relevant objection and disregarded must be construed in accordance with section 13.
(1) This section applies where the confirming authority decides under section 13A to follow the written representations procedure.
(2) The confirming authority may make orders as to the costs of the parties to the written representations procedure, and as to which party must pay the costs.
(3) An order under subsection (2) may be made a rule of the High Court on the application of any party named in the order.
(4) The costs incurred by the confirming authority in connection with the written representations procedure must be paid by the acquiring authority, if the confirming authority so directs.
(5) The confirming authority may certify the amount of its costs, and any amount so certified and directed to be paid by the acquiring authority is recoverable summarily by the confirming authority as a civil debt.
(6) Section 42(2) of the Housing and Planning Act 1986 (recovery of Minister’s costs in connection with inquiries) applies to the written representations procedure as if the procedure is an inquiry specified in section 42(1) of that Act.
(7) Regulations under section 13A(6) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
(1) The confirming authority may confirm an order (with or without modifications) so far as it relates to part of the land comprised in the order (the “relevant part”) if each of the conditions in subsection (2) is met.
(2) The conditions are—
(a) the confirming authority is satisfied that the order ought to be confirmed so far as it relates to the relevant part but has not for the time being determined whether the order ought to be confirmed so far as it relates to the remaining part;
(b) the confirming authority is satisfied that the notice requirements have been complied with.
(3) If there is a remaining objection in respect of the order, the confirming authority may only act under subsection (1) after complying with section 13A(2) or (3) (as the case may be).
(4) But it may act under subsection (1) without complying with those provisions if it is satisfied that all remaining objections relate solely to the remaining part of the land.
(5) If the confirming authority acts under subsection (1)—
(a) it must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b) the order so far as it relates to each part of the land must be treated as a separate order.
(6) The notices to be published, affixed and served under section 15 must include a statement as to the effect of the direction given under subsection (5)(a).
(7) Notice requirements must be construed in accordance with section 13.
(8) Remaining objection must be construed in accordance with section 13A.”
(7) For section 15 there is substituted—
(1) After the order has been confirmed, the acquiring authority must—
(a) serve a confirmation notice and a copy of the order as confirmed on each person on whom a notice was required to be served under section 12, and
(b) affix a confirmation notice to a conspicuous object or objects on or near the land comprised in the order.
(2) The notice under subsection (1)(b) must—
(a) be addressed to persons occupying or having an interest in the land;
(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(3) The acquiring authority must also publish a confirmation notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.
(4) A confirmation notice is a notice—
(a) describing the land;
(b) stating that the order has been confirmed;
(c) (except in the case of a notice under subsection (1)(a)) naming a place where a copy of the order as confirmed and of the map referred to there may be inspected at all reasonable hours;
(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(5) A confirmation notice must be in the prescribed form.”
(8) The amendments made by this section do not apply to orders of which notice under section 11 of the 1981 Act has been published before commencement of this section.
(1) Schedule 1 to the Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) In paragraph 2 (notices in newspapers), after sub-paragraph (2) there is added—
“(3) In addition, the Minister shall affix a notice in the prescribed form to a conspicuous object or objects on or near the land comprised in the draft order.
(4) The notice under sub-paragraph (3) must—
(a) be addressed to persons occupying or having an interest in the land, and
(b) set out each of the matters mentioned in sub-paragraph (2) (but reading the reference there to first publication of the notice as a reference to the day when the notice under sub-paragraph (3) is first affixed).”
(3) In paragraph 3 (notices to owners, lessees and occupiers)—
(a) in sub-paragraph (1), for the words from “owner” to “order” (where it first appears) there is substituted “qualifying person”;
(b) for sub-paragraph (2) there is substituted—
“(2) A person is a qualifying person, in relation to land comprised in a draft order, if—
(a) he is an owner, lessee, tenant (whatever the tenancy period) or occupier of any such land, or
(b) he falls within sub-paragraph (2A).
(2A) A person falls within this sub-paragraph if he is—
(a) a person to whom the Minister would, if proceeding under section 5(1) of the Compulsory Purchase Act 1965, be required to give a notice to treat, or
(b) a person the Minister thinks is likely to be entitled to make a relevant claim if the order is made and the compulsory purchase takes place, so far as he is known to the Minister after making diligent inquiry.
(2B) A relevant claim is a claim for compensation under section 10 of the Compulsory Purchase Act 1965 (compensation for injurious affection).”
(4) For paragraph 4 there are substituted the following paragraphs—
“4 (1) The Minister may make a compulsory purchase order with or without modifications if he is satisfied—
(a) that the notice requirements have been complied with, and
(b) that one of the conditions in sub-paragraph (2) is satisfied.
(2) The conditions are—
(a) no relevant objection is made;
(b) every relevant objection made is either withdrawn or disregarded.
(3) The appropriate authority may require every person who makes a relevant objection to state the grounds of the objection in writing.
(4) If the appropriate authority is satisfied that an objection relates exclusively to matters which can be dealt with by the tribunal by whom the compensation is to be assessed it may disregard the objection.
(5) The notice requirements are the requirements under paragraphs 2 and 3 to publish, affix and serve notices in connection with the compulsory purchase order.
(6) A relevant objection is an objection by a person who is a qualifying person for the purposes of paragraph 3(2), but if such a person qualifies only by virtue of paragraph 3(2A)(b) and the Minister thinks that he is not likely to be entitled to make a relevant claim his objection is not a relevant objection.
(7) Disregarded means disregarded under sub-paragraph (4) or under any other power to disregard a relevant objection contained in the enactment providing for the compulsory purchase.
(8) The appropriate authority is—
(a) in the case of an order proposed to be made in the exercise of highway land acquisition powers, the Minister and the planning Minister acting jointly,
(b) in any other case, the Minister.
(9) Highway land acquisition powers must be construed in accordance with the Highways Act 1980.
(10) The planning Minister is the Secretary of State for the time being having general responsibility in planning matters.
4A (1) This paragraph applies to the making of a compulsory purchase order if a relevant objection is made which is neither—
(a) withdrawn, nor
(b) disregarded,
(a remaining objection).
(2) The appropriate authority may proceed under the written representations procedure—
(a) if the order is not subject to special parliamentary procedure;
(b) in the case of an order to which section 16 applies, if a certificate has been given under subsection (2) of that section, and
(c) if every person who has made a remaining objection consents in the prescribed manner.
(3) If sub-paragraph (2) does not apply or if the appropriate authority decides not to proceed under that sub-paragraph, it must either—
(a) cause a public local inquiry to be held, or
(b) give every person who has made a remaining objection an opportunity of appearing before and being heard by a person appointed by the appropriate authority for the purpose.
(4) If a person who has made a remaining objection takes the opportunity to appear before a person appointed under sub-paragraph (3)(b) the appropriate authority must give any other person it thinks appropriate the opportunity to be heard at the same time.
(5) The Minister may make the order with or without modifications if—
(a) the appropriate authority has considered the objection, and
(b) one of the conditions in sub-paragraph (6) is satisfied.
(6) The conditions are—
(a) the appropriate authority has followed the written representations procedure;
(b) in a case which falls within sub-paragraph (3), if an inquiry was held or a person was appointed under sub-paragraph (3)(b), the appropriate authority has considered the report of the person who held the inquiry or who was so appointed.
(7) The written representations procedure is such procedure as is prescribed for the purposes of this paragraph including provision affording an opportunity to—
(a) every person who has made a remaining objection, and
(b) any other person the appropriate authority thinks appropriate,
to make written representations as to whether the order should be made.
(8) Regulations under sub-paragraph (7) may make provision as to the giving of reasons for decisions taken in cases where the written representations procedure is followed.
(9) Expressions used in this paragraph and in paragraph 4 must be construed in accordance with paragraph 4.
4B (1) The Minister may make an order (with or without modifications) so far as it relates to part of the land comprised in the draft order (the “relevant part”) if each of the conditions in sub-paragraph (2) is met.
(2) The conditions are—
(a) the Minister or, if there is a remaining objection in respect of the order, the appropriate authority is satisfied that the order ought to be made so far as it relates to the relevant part but has not for the time being determined whether the order ought to be made so far as it relates to the remaining part;
(b) the Minister is satisfied that the notice requirements have been complied with.
(3) If there is a remaining objection in respect of the order, the Minister may only act under sub-paragraph (1) after the appropriate authority has complied with paragraph 4A(2) or (3) (as the case may be).
(4) But he may act under sub-paragraph (1) without the appropriate authority having complied with those provisions if he is satisfied that all remaining objections relate solely to the remaining part of the land.
(5) If the Minister acts under sub-paragraph (1)—
(a) he must give a direction postponing consideration of the order, so far as it relates to the remaining part, until such time as may be specified by or under the direction;
(b) the order so far as it relates to each part of the land must be treated as a separate order.
(6) The notices to be published, affixed and served under paragraph 6 must include a statement as to the effect of the direction given under sub-paragraph (5)(a).
(7) Expressions used in this paragraph and in paragraph 4 or 4A must be construed in accordance with paragraph 4 or 4A (as the case may be).”
(5) For paragraph 6 there is substituted—
“6 (1) After the order has been made, the Minister must—
(a) serve a making notice, and a copy of the order as made, on each person on whom a notice was required to be served under paragraph 3, and
(b) affix a making notice to a conspicuous object or objects on or near the land comprised in the order.
(2) The notice under sub-paragraph (1)(b) must—
(a) be addressed to persons occupying or having an interest in the land;
(b) so far as practicable, be kept in place by the acquiring authority until the expiry of a period of six weeks beginning with the date when the order becomes operative.
(3) The Minister must also publish a making notice in one or more local newspapers circulating in the locality in which the land comprised in the order is situated.
(4) A making notice is a notice—
(a) describing the land;
(b) stating that the order has been made;
(c) (except in the case of a notice under sub-paragraph (1)(a)) naming a place where a copy of the order as made and of the map referred to there may be inspected at all reasonable hours;
(d) that a person aggrieved by the order may apply to the High Court as mentioned in section 23.
(5) A making notice must be in the prescribed form.”
(6) The amendments made by this section do not apply to orders of which notice under paragraph 2 of Schedule 1 to the 1981 Act has been published before commencement of this section.
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows.
(2) After section 14 there is inserted—
(1) The power to confirm an order may be exercised by the acquiring authority (instead of the confirming authority) if—
(a) the confirming authority has notified the acquiring authority to that effect, and
(b) the notice has not been revoked.
(2) But this section does not apply to an order in respect of land—
(a) falling within section 16(1) or paragraph 3(1) of Schedule 3, or
(b) forming part of a common, open space or fuel or field garden allotment for the purposes of section 19.
(3) The confirming authority may give notice under subsection (1) if it is satisfied—
(a) that the notice requirements have been complied with,
(b) that no objection has been made in relation to the proposed confirmation or that all objections have been withdrawn, and
(c) that the order is capable of being confirmed without modification.
Planning and Compulsory Purchase Act 2004