Change 1 Article Choose an article Title and introductory text 1 Planning authorities. 1A Planning authorities: chief planning officer 2 Enterprise zones. 3 Urban development areas. 3ZA Purpose of planning 3A National Planning Framework 3AA Duty to review the National Planning Framework 3AB Revising the framework: participation statement and considerations 3AC Information to assist preparation of National Planning Framework 3B Proposals for National Planning Framework: Parliamentary consideration 3C National Planning Framework to be laid before Parliament 3CA National Planning Framework: procedure 3CB Key agencies to co-operate 3CC Amendment of National Planning Framework 3D Sustainable development: exercise of functions by Scottish Ministers 3E Sustainable development 3F Greenhouse gas emissions policies 3G Open space strategy 4ZA Regional spatial strategies 4ZB Duties to have regard to regional spatial strategies 4ZC Regional spatial strategies: first strategy, review and revision 4ZD Directions to prepare or review regional spatial strategies 4ZE Guidance for regional spatial strategies 5 Strategic development plan area 6 Re-determination of boundary of strategic development plan area 7 Form and content of strategic development plan 8 Preparation of strategic development plan etc. : general 9 Main issues report for preparation of strategic development plan 10 Preparation and publication of proposed strategic development plan 11 Alternative proposals 12 Examination of proposed strategic development plan 12A Further provision as regards examination under section 12(2) 13 Proposed strategic development plan: approval or rejection 15 Form and content of local development plans 15A Preparation of local development plan: invitation to prepare local place plans 15B Review of local place plans 16 Preparation and monitoring of local development plans: general 16A Participation of children and young people in local development plan 16B Evidence report for preparation of local development plan 16C Effective community engagement: guidance 16D Play sufficiency assessment 16E Publication of list of persons seeking land for self-build housing 17 Main issues report for preparation of local development plan 18 Preparation and publication of proposed local development plan 19 Examination of proposed local development plan 19ZA Examination under section 19(3): further provision 19A Further provision as regards examination under section 19(4) 20 Constitution of local development plan 20A Publication of and publicity for local development plan 20AA Amendment of local development plan 20B Development plan schemes 21 Delivery programmes 22 Supplementary guidance 23 Disregarding of representations with respect to development authorised by or under other enactments 23A Regulations under this Part 23B Default powers of the Scottish Ministers 23C Reviews of plans in enterprise zones 23D Meaning of “key agency” 24 Meaning of “development plan” 25 Status of development plan 26 Meaning of “development”. 26AA Marine fish farms: circumstances referred to in section 26(1) 26AB Power by order to provide marine fish farming is not “development” 26A Hierarchy of developments 26B Material change of use: short-term lets 27 Time when development begun. 27A Notification of initiation of development 27B Notification of completion of development 27C Display of notice while development is carried out 28 Development requiring planning permission. 29 Granting of planning permission: general. 30 Development orders: general. 31 Permission granted by development order. 31A Planning permission in respect of operation of marine fish farm 32 Applications for planning permission 32A Variation of application other than one referred to the Scottish Ministers 32B Variation of application referred to the Scottish Ministers 33 Planning permission for development already carried out. 33A Notice requiring application for planning permission for development already carried out 34 Notice by planning authority of certain applications made to them 35 Notice etc. of applications to owners and agricultural tenants. 35A Pre-application consultation: preliminary 35B Pre-application consultation: compliance 35C Pre-application consultation report 36 Registers of applications etc. 36A Lists of applications 37 Determination of applications: general considerations. 38 Consultations in connection with determination of applications. 38A Pre-determination hearings 39 Declining to determine an application 39A Declining to determine an application: further provision 40 Assessment of environmental effects. 41 Conditional grant of planning permission. 41A Conditional grant of planning permission: noise-sensitive developments 41B Conditional grant of planning permission: provision of toilet facilities within certain large developments 42 Determination of applications to develop land without compliance with conditions previously attached. 43 Directions etc. as to method of dealing with applications. 43A Local developments: schemes of delegation 43B Matters which may be raised in a review under section 43A(8) 44 Effect of planning permission. 45 Duty to draw attention to certain provisions for benefit of disabled. 46 Call-in of applications by Secretary of State. 46A Call-in of applications by Scottish Ministers: further provision 47 Right to appeal against planning decisions and failure to take such decisions. 47A Matters which may be raised in an appeal under section 47(1) 48 Determination of appeals. 49 Simplified planning zones. 50 Alteration of simplified planning zone schemes. 51 Simplified planning zone schemes: conditions and limitations on planning permission. 52 Duration of simplified planning zone scheme. 53 Alteration of simplified planning zone scheme. 54 Exclusion of certain descriptions of land or development. 54A Making and alteration of schemes 54B Scheme grants planning permission, etc. 54C Content of schemes: self-build housing 54D Effect of altering scheme 54E Further provision about effect of scheme 54F Interpretation of provisions about schemes 55 Planning permission for development in enterprise zones. 56 Effect on planning permission of modification or termination of scheme. 57 Development with government authorisation. 58 Duration of planning permission 59 Planning permission in principle 60 Provisions supplementary to sections 58 and 59. 61 Termination of planning permission by reference to time limit: completion notices. 62 Effect of completion notice. 62A Objection to completion notice 63 Power of Secretary of State to serve completion notice. 64 Power to vary planning permission. 65 Power to revoke or modify planning permission. 66 Procedure for section 65 orders: opposed cases. 67 Procedure for section 65 orders: unopposed cases. 68 Revocation and modification of planning permission by the Secretary of State. 69 Power to refer certain planning questions to Planning Inquiry Commission. 70 Power to refer certain planning questions to Joint Planning Inquiry Commission. 71 Orders requiring discontinuance of use or alteration or removal of buildings or works. 72 Confirmation by Secretary of State of section 71 orders. 73 Power of the Secretary of State to make section 71 orders. 74 Review of mineral planning permissions. 75 Planning obligations 75A Modification and discharge of planning obligations 75B Appeals 75C Planning obligations: continuing liability of former owner etc. 75D Good neighbour agreements 75E Good neighbour agreements: modification and discharge of obligations 75F Good neighbour agreements: appeals 75G Good neighbour agreements: continuing liability of former owner etc. 76 Compensation where planning permission revoked or modified. 77 Compensation for refusal or conditional grant of planning permission formerly granted by development order. 78 Apportionment of compensation for depreciation. 79 Registration of compensation for depreciation. 80 Recovery of compensation on subsequent development. 81 Amount recoverable, and provisions for payment or remission. 82 Provisions for payment or remission of amount recoverable under section 80. 83 Compensation in respect of orders under section 71 etc. 84 Special basis for compensation in respect of certain orders affecting mineral working. 85 Power to make provision for determination of claims. 86 Lands Tribunal to determine claims if not otherwise provided. 87 General provisions as to compensation for depreciation under this Part. 88 Circumstances in which purchase notices may be served. 88A Purchase notices: Crown land 89 Circumstances in which land incapable of reasonably beneficial use. 90 Action by planning authority on whom purchase notice is served. 91 Procedure on reference of purchase notice to Secretary of State. 92 Action by Secretary of State in relation to purchase notice. 93 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission. 94 Effect of Secretary of State’s action in relation to purchase notice. 95 Special provisions as to compensation where purchase notice served. 96 Counter-notice requiring purchase of remainder of agricultural unit. 97 Effect of counter-notice under section 96. 98 Provisions supplemental to sections 96 and 97. 99 Interpretation of Chapter I. 100 Scope of Chapter II. 101 Notice requiring purchase of blighted land. 102 Counter-notice objecting to blight notice. 103 Further counter-notice where certain proposals have come into force. 104 Reference of objection to Lands Tribunal: general. 105 Effect of valid blight notice. 106 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire. 107 Withdrawal of blight notice. 108 Special provisions as to compensation for acquisition in pursuance of blight notice. 109 Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight. 110 Objection to section 109 notice. 111 Effect of section 109 notice. 112 Powers of successors in respect of blight notice. 113 Power of heritable creditor to serve blight notice. 114 Prohibition on service of simultaneous notices under sections 101, 112 and 113. 115 Special provisions as to partnerships. 116 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served. 116A Power of Secretary of State to acquire land identified in national policy statements where blight notice served 117 Saving for claimant’s right to sell whole hereditament, etc. 118 No withdrawal of constructive notice to treat. 119 Meaning of “owner-occupier” and “resident owner-occupier”. 120 “Appropriate authority” for purposes of Chapter II. 121 “Appropriate enactment” for purposes of Chapter II. 122 General interpretation of Chapter II. 123 Expressions used in connection with enforcement. 124 Time limits. 125 Power to require information about activities on land. 126 Penalties for non-compliance with planning contravention notice. 127 Issue of enforcement notice. 128 Contents and effect of notice. 129 Variation and withdrawal of enforcement notice. 130 Appeal against enforcement notice. 131 Appeals: supplementary provisions. 132 General provisions relating to determination of appeals. 133 Grant or modification of planning permission on appeal against enforcement notice. 134 Validity of enforcement notices. 135 Execution and cost of works required by enforcement notice. 136 Offence where enforcement notice not complied with. 136A Fixed penalty notice where enforcement notice not complied with 137 Effect of planning permission etc. on enforcement or breach of condition notice. 138 Enforcement notice to have effect against subsequent development. 139 Power of Secretary of State to serve enforcement notice. 140 Stop notices. 141 Stop notices: supplementary provisions. 142 Power of the Secretary of State to serve stop notice. 143 Compensation for loss due to stop notice. 144 Penalties for contravention of stop notice. 144A Temporary stop notices 144B Temporary stop notices: restrictions 144C Temporary stop notices: offences 144D Temporary stop notices: compensation 145 Enforcement of conditions. 145A Fixed penalty notice where breach of condition notice not complied with 146 Interdicts restraining breaches of planning control. 147 Enforcement etc. : register of notices 148 Penalties for contravention of orders under section 71 and Schedule 8. 149 Enforcement of orders under section 71 and Schedule 8. 150 Certificate of lawfulness of existing use or development. 151 Certificate of lawfulness of proposed use or development. 152 Certificates under sections 150 and 151: supplementary provisions. 153 Offences. 154 Appeals against refusal or failure to give decision on application. 155 Further provisions as to appeals to the Secretary of State. 156 Right to enter without warrant. 157 Right to enter under warrant. 158 Rights of entry: supplementary provisions. 158A Enforcement charters A159 Forestry and woodland strategy 159 Planning permission to include appropriate provision for preservation and planting of trees. 160 Power to make tree preservation orders. 161 Form of and procedure applicable to orders. 161A Imminent danger to trees: entry to affix copy of tree preservation order 162 Tree preservation: Forestry Commissioners 163 Provisional tree preservation orders. 164 Power for Secretary of State to make tree preservation orders. 165 Compensation in respect of tree preservation orders. 166 Compensation in respect of requirement as to replanting of trees. 167 Replacement of trees. 168 Enforcement of duties as to replacement of trees. 169 Appeal against section 168 notice. 170 Execution and cost of works required by section 168 notice. 171 Penalties for non-compliance with tree preservation order. 172 Preservation of trees in conservation areas. 173 Power to disapply section 172. 174 Enforcement of controls as respects trees in conservation areas. 175 Register of section 172 notices. 176 Rights to enter without warrant. 177 Right to enter under warrant. 178 Rights of entry: supplementary provisions. 179 Notice requiring proper maintenance of land. 180 Appeal against notice under section 179. 181 Register of notices under section 179. 182 Regulations controlling display of advertisements. 183 Power to make different advertisement regulations for different areas. 184 Planning permission not needed for advertisements complying with regulations. 185 Repayment of expense of removing prohibited advertisements. 186 Enforcement of control as to advertisements. 187 Power to remove or obliterate placards and posters. 188 Acquisition of land by agreement. 189 Compulsory acquisition of land in connection with development and for other planning purposes. 190 Compulsory acquisition of land by Secretary of State for the Environment. 191 Disposal of land held for planning purposes. 192 Disposal by Secretary of State of land acquired under section 190. 193 Development of land held for planning purposes. 194 Extinguishment of rights over land compulsorily acquired. 195 General vesting declarations. 196 Power to override servitudes and other rights. 197 Provisions as to churches and burial grounds. 198 Use and development of land for open spaces. 199 Displacement of persons from land acquired or appropriated. 200 Modification of incorporated enactments for purposes of this Part. 201 Interpretation of this Part. 202 Roads affected by development: orders by Secretary of State. 203 Order extinguishing right to use vehicles on road. 204 Compensation for orders under section 203. 205 Provision of amenity for road reserved to pedestrians. 206 Extinguishment of public rights of way over land held for planning purposes. 207 Roads affected by development: orders by planning authorities. 208 Footpaths and bridleways affected by development: orders by planning authorities. 209 Procedure for making and confirming orders by Secretary of State and planning authorities. 210 Recovery of costs of making orders. 211 Concurrent proceedings in connection with roads. 212 Electronic communications apparatus . 213 Temporary stopping up of roads, footpaths and bridleways for mineral workings. 214 Meaning of “statutory undertakers”. 215 Meaning of “operational land”. 216 Cases in which land is to be treated as not being operational land. 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 Applications for planning permission by statutory undertakers. 219 Conditional grants of planning permission. 220 Development requiring authorisation of government department. 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Extinguishment of rights of statutory undertakers: preliminary notices. 225 Extinguishment of rights of telecommunications code system operators: preliminary notices. 226 Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority. 227 Orders under sections 224 and 225. 228 Extension or modification of functions of statutory undertakers. 229 Procedure in relation to orders under section 228. 230 Relief of statutory undertakers from obligations rendered impracticable. 231 Objections to orders under sections 228 and 230. 232 Right to compensation in respect of certain decisions and orders. 233 Measure of compensation to statutory undertakers etc. 234 Exclusion of section 233 at option of statutory undertakers. 235 Procedure for assessing compensation. 236 Special provisions as to display of advertisements on operational land. 237 Validity of development plans and certain orders, decisions and directions. 238 Proceedings for questioning validity of development plans and certain schemes and orders. 239 Proceedings for questioning the validity of other orders, decisions and directions. 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Special provisions as to orders subject to special parliamentary procedure. 241A Application to the Crown 242 Preliminary definitions. 242A Urgent Crown development: application 243 Control of development on Crown land: special enforcement notices. 244 Supplementary provisions as to special enforcement notices. 245 Exercise of powers in relation to Crown land. 245A Enforcement in relation to the Crown 245B References to an interest in land 246 Agreements relating to Crown land. 247 Supplementary provisions as to Crown interest. 247A Applications for planning permission by Crown 248 Application for planning permission etc. in anticipation of disposal of Crown land. 249 Tree preservation orders in anticipation of disposal of Crown land. 250 Requirement of planning permission for continuance of use instituted by the Crown. 251 Enforcement in respect of war-time breaches of planning control by the Crown. 251B National planning improvement co-ordinator 252 Fees for planning applications etc. 253 Grants for research and education. 253A Grants for advice and assistance 254 Contributions by Ministers towards compensation paid by planning authorities. 255 Contributions by local authorities and statutory undertakers. 256 Assistance for acquisition of property where objection made to blight notice in certain cases. 257 Recovery from acquiring authorities of sums paid by way of compensation. 258 Sums recoverable from acquiring authorities reckonable for purposes of grant. 259 Financial provision. 260 General provision as to receipts of Secretary of State. 261 Expenses of, and borrowing by, local authorities. 262 Power to modify Act in relation to minerals. 263 Application of certain provisions to planning authorities. 263A National Scenic Areas 263B National Scenic Areas: report on consultation 264 Natural Heritage Areas. 264A National Parks 265 Local inquiries. 265A Planning inquiries to be held in public subject to certain exceptions 266 Orders as to expenses of parties where no local inquiry held. 267 Appeals and applications under this Act: procedure etc. 268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. 268A Promotion and use of mediation etc. 269 Rights of entry. 270 Supplementary provisions as to rights of entry. 270A Rights of entry: Crown land 270B Equal opportunities 271 Service of notices. 271A Service of notices on the Crown 272 Power to require information as to interests in land. 272A Information as to interests in Crown land 273 Offences by corporations. 274 Combined applications. 275 Regulations and orders. 275A Further provision as regards regulations: inquiries etc. 275B Directions 276 Act not excluded by special enactments. 277 Interpretation. 278 Citation, commencement and extent. SCHEDULE 1 Old development plans SCHEDULE 2 Exemptions from planning permission for certain land uses in 1948 SCHEDULE 3 Conditions relating to mineral working SCHEDULE 4 Determination of certain appeals by person appointed by Secretary of State SCHEDULE 5 Simplified planning zones SCHEDULE 5A Masterplan consent areas SCHEDULE 6 Planning Inquiry Commissions SCHEDULE 7 Joint Planning Inquiry Commissions SCHEDULE 8 Old mineral workings and permissions SCHEDULE 9 Review of old mineral planning permissions SCHEDULE 10 Periodic review of mineral planning permissions SCHEDULE 11 Development not constituting new development SCHEDULE 12 Condition treated as applicable to rebuilding and alterations SCHEDULE 13 Regulations as to compensation in respect of orders relating to mineral working SCHEDULE 14 Blighted land SCHEDULE 15 General vesting declarations SCHEDULE 16 Procedure for making and confirming orders relating to roads and rights of way SCHEDULE 17 Enforcement as respects war-time breaches by the crown of planning control SCHEDULE 18 Provisions of this Act referred to in sections 261 to 263 SCHEDULE 19 Local place plans
What to do with it
As published
196 Power to override servitudes and other rights.
(1) The interests and rights to which this section applies are any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(2) Subject to subsection (3) the erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a planning authority for planning purposes, whether done by the planning authority or by a person deriving title from them, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves—
(a) interference with an interest or right to which this section applies, or
(b) a breach of a restriction as to the use of land arising by virtue of any deed or contract.
(3) Nothing in subsection (2) authorises interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land which is—
(a) a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.
(4) In respect of any interference or breach in pursuance of subsection (2), compensation—
(a) shall be payable under section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 or under section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, and
(b) shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—
(i) the compensation is to be estimated in connection with a purchase under those Acts, or
(ii) the injury arises from the execution of works on land acquired under those Acts.
(5) Where a person deriving title from the planning authority by whom the land in question was acquired or appropriated—
(a) is liable to pay compensation by virtue of subsection (4), and
(b) fails to discharge that liability,
the liability shall, subject to subsection (6), be enforceable against the planning authority.
(6) Nothing in subsection (5) affects any agreement between the planning authority and any other person for indemnifying the planning authority against any liability under that subsection.
(7) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (2).
Your wording
Your change, as a redline
196 Power to override servitudes and other rights.
(1) The interests and rights to which this section applies are any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(2) Subject to subsection (3) the erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a planning authority for planning purposes, whether done by the planning authority or by a person deriving title from them, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves—
(a) interference with an interest or right to which this section applies, or
(b) a breach of a restriction as to the use of land arising by virtue of any deed or contract.
(3) Nothing in subsection (2) authorises interference with any right of way or right of laying down, erecting, continuing or maintaining apparatus on, under or over land which is—
(a) a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) a right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.
(4) In respect of any interference or breach in pursuance of subsection (2), compensation—
(a) shall be payable under section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 or under section 6 of the Railways Clauses Consolidation (Scotland) Act 1845, and
(b) shall be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where—
(i) the compensation is to be estimated in connection with a purchase under those Acts, or
(ii) the injury arises from the execution of works on land acquired under those Acts.
(5) Where a person deriving title from the planning authority by whom the land in question was acquired or appropriated—
(a) is liable to pay compensation by virtue of subsection (4), and
(b) fails to discharge that liability,
the liability shall, subject to subsection (6), be enforceable against the planning authority.
(6) Nothing in subsection (5) affects any agreement between the planning authority and any other person for indemnifying the planning authority against any liability under that subsection.
(7) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (2).
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.