237 Validity of development plans and certain orders, decisions and directions.
(1) Except as provided by this Part, the validity of—
(za) the National Planning Framework and any revised framework or amendment to it, whether before or after the framework, revised framework or amended framework is published,
(a) a ... local development plan or any alteration, repeal or replacement of any such plan, whether before or after the plan, alteration, repeal or replacement has been approved or adopted,
(b) a simplified planning zone scheme or any alteration of any such scheme, whether before or after the adoption or approval of the scheme or alteration,
(ba) a masterplan consent area scheme or any alteration of such a scheme,
(c) an order under any provision of Part IX, whether before or after the order has been made,
(d) an order under section 230, whether before or after the order has been made,
(e) any such order as is mentioned in subsection (2), whether before or after it has been confirmed, or
(f) any such action on the part of the Secretary of State as is mentioned in subsection (3) or on the part of a planning authority as is mentioned in subsection (3A),
shall not be questioned in any legal proceedings whatsoever.
(2) The orders referred to in subsection (1)(e) are—
(a) any order under section 65 or under the provisions of that section as applied by or under any other provision of this Act;
(b) any order under section 71 or under the provisions of that section as applied by or under any other provisions of this Act;
(c) any tree preservation order;
(d) any order made in pursuance of section 183(4);
(e) any order under paragraph 1, 3, 5 or 6 of Schedule 8.
(3) The action referred to in subsection (1)(f) is action on the part of the Secretary of State of any of the following descriptions—
(za) any decision on an application under section 31A;
(a) any decision on an application referred to him under section 46;
(b) any decision on an appeal under section 47;
(ba) any decision to give a direction under section 57(2) or (2ZA);
(c) any decision to confirm a completion notice under section 62A;
(ca) any determination on an appeal under section 75B or 75F;
(d) any decision on an appeal under section 130;
(e) any decision to confirm or not to confirm a purchase notice including—
(i) any decision not to confirm such a notice in respect of part of the land to which it relates, or
(ii) any decision to grant any permission, or give any direction, instead of confirming such a notice, either wholly or in part;
(f) any decision on an appeal under section 154 against the refusal or partial refusal of an application for a certificate under section 150 or 151;
(fa) any decision on an appeal under section 169;
(g) any decision on an appeal under section 180 against a notice under section 179;
(h) any decision relating—
(i) to an application for consent under a tree preservation order,
(ii) to an application for consent under any regulations made under section 182 or 183, or
(iii) to any certificate or direction under any such order or regulations, whether it is a decision on appeal or a decision on an application referred to the Secretary of State for determination in the first instance.
(i) any decision on an application for planning permission under section 242A.
(3A) The action on the part of a planning authority is any decision or determination (other than a deemed decision) in a review conducted by them by virtue of section 43A(8).
(4) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such action as is mentioned in subsection (3) or on the part of a planning authority to take any such action as is mentioned in subsection (3A).
238 Proceedings for questioning validity of development plans and certain schemes and orders.
(A1) If any person aggrieved by the National Planning Framework desires to question the validity of the framework on the ground—
(a) that it is not within the powers conferred by Part 1A, or
(b) that any requirement of that Part or of any regulations made under that Part has not been complied with,
the person may make an application to the Court of Session under this section.
(1) If any person aggrieved by a ... local development plan desires to question the validity of the plan on the ground—
(a) that it is not within the powers conferred by Part II, or
(b) that any relevant requirement of that Part or of any regulations made under that Part has not been complied with,
he may make an application to the Court of Session under this section.
(2) On any application under this section the Court of Session—
(a) may by interim order wholly or in part suspend the operation of the plan ..., either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings;
(b) if satisfied that the plan ... is wholly or to any extent outside the powers conferred by Part II, or that the interests of the applicant have been substantially prejudiced by the failure to comply with any requirement of that Part or of any regulations made under it, may wholly or in part quash the plan ... either generally or in so far as it affects any property of the applicant.
(3) Subsections (1) and (2) shall apply, subject to any necessary modifications, to any of the following as they apply to any plan ... there mentioned—
(a) a simplified planning zone scheme or an alteration of such a scheme,
(b) a masterplan consent area scheme or an alteration of such a scheme,
(c) an order under section 202, 203, 206, 207, 208 or 230.
(4) An application under this section must be made within 6 weeks from the relevant date.
(5) For the purposes of subsection (4) the relevant date is—
(za) in the case of an application in respect of the National Planning Framework—
(i) the date of its publication under section 3CA(7), or
(ii) where the grounds of the application arise from an amendment to the National Planning Framework, the date on which the amendment took effect,
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(aa) in the case of an application in respect of a local development plan,
(i) the date of its publication under section 20A(1)(b) , or
(ii) where the grounds of the application arise from an amendment to the local development plan, the date on which the amendment took effect,
(b) in the case of an application by virtue of subsection (3) in respect of a simplified planning zone scheme or an alteration of such a scheme, the date of the publication of the first notice of the approval or adoption of the scheme or alteration required by regulations under paragraph 12 of Schedule 5;
(ba) in the case of an application by virtue of subsection (3) in respect of a masterplan consent area scheme or an alteration of such a scheme, the date that notice is first published (in accordance with regulations under paragraph 22 of schedule 5A) that the scheme has been made or (as the case may be) altered,
(c) in the case of an application by virtue of subsection (3) in respect of an order under section 202 or 206(1)(a), the date on which the notice required by paragraph 1(7) of Schedule 16 is first published;
(d) in the case of an application by virtue of subsection (3) in respect of an order under section 203, 206(1)(b), 207 or 208, the date on which the notice required by paragraph 11 of Schedule 16 is first published in accordance with that paragraph; and
(e) in the case of an application by virtue of subsection (3) in respect of an order under section 230, the date on which the notice required by subsection (6) of that section is first published;
but subject, in the case of those orders made under sections 202, 203 and 230, to section 241.
(6) In their application to simplified planning zone schemes and their alteration, subsections (1) and (2) shall have effect as if they referred to Part III instead of Part II.
(7) In their application to masterplan consent area schemes and their alteration, subsections (1) and (2) have effect as if, instead of Part II, they referred to Part III and schedule 5A.
239 Proceedings for questioning the validity of other orders, decisions and directions.
(1) If any person—
(a) is aggrieved by any order to which this section applies and wishes to question the validity of that order on the grounds—
(i) that the order is not within the powers of this Act, or
(ii) that any of the relevant requirements have not been complied with in relation to that order, or
(b) is aggrieved by any action on the part of the Secretary of State , or on the part of a planning authority, to which this section applies and wishes to question the validity of that action on the grounds—
(i) that the action is not within the powers of this Act, or
(ii) that any of the relevant requirements have not been complied with in relation to that action,
he may make an application to the Court of Session under this section.
(2) Without prejudice to subsection (1), if the authority directly concerned with any order to which this section applies, or with any action on the part of the Secretary of State to which this section applies, wish to question the validity of that order or action on any of the grounds mentioned in subsection (1), the authority may make an application to the Court of Session under this section.
(3) An application under this section must be made within 6 weeks from the date on which the order is confirmed (or, in the case of an order under section 65 which takes effect under section 67 without confirmation, the date on which it takes effect) or, as the case may be, the date on which the action is taken.
(4) This section applies to any such order as is mentioned in subsection (2) of section 237 and to any such action on the part of the Secretary of State as is mentioned in subsection (3) of that section or on the part of a planning authority as is mentioned in subsection (3A) of that section.
(5) On any application under this section the Court of Session—
(a) may, subject to subsection (6), by interim order suspend the operation of the order or action in question until the final determination of the proceedings;
(b) if satisfied that the order or action in question is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements in relation to it, may quash that order or action.
(6) Paragraph (a) of subsection (5) shall not apply to applications questioning the validity of tree preservation orders.
(7) In relation to a tree preservation order, or to an order made in pursuance of section 183(4), the powers conferred on the Court of Session by subsection (5) shall be exercisable by way of quashing or (where applicable) suspending the operation of the order either in whole or in part, as the court may determine.
(8) References in this section to the confirmation of an order include the confirmation of an order subject to modifications as well as the confirmation of an order in the form in which it was made.
(9) In this section “the relevant requirements”, in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under this Act or under that Act which are applicable to that order or action.
(10) Any reference in this section to the authority directly concerned with any order or action to which this section applies—
(a) in relation to any such decision as is mentioned in section 237(3)(e), where the Secretary of State confirms the notice in question, wholly or in part, with the substitution of another local authority or statutory undertakers for the planning authority, includes a reference to that local authority or those statutory undertakers;
(b) in any other case, is a reference to the planning authority.
241 Special provisions as to orders subject to special parliamentary procedure.
(1) Where an order under section 202, 203 or 230 is subject to special parliamentary procedure, then—
(a) if the order is confirmed by Act of Parliament under section 2(4), as read with section 10, of the Statutory Orders (Special Procedure) Act 1945, or under section 6 of that Act, sections 237 and 238 shall not apply to the order,
(b) in any other case, section 238 shall have effect in relation to the order as if, in subsection (4) of that section, for the reference to the date there mentioned there were substituted a reference to the date on which the order becomes operative under that Act (“the operative date”).
(2) Where by virtue of Part X any such action as is mentioned in section 240 is required to be embodied in an order, and that order is subject to special parliamentary procedure, then—
(a) if the order in which the action is embodied is confirmed by Act of Parliament under that Act of 1945, sections 237 and 239 shall not apply, and
(b) in any other case, the provisions of section 239 shall apply with the substitution, for any reference to the date on which the action is taken, of a reference to the operative date.
(1) In this Part—
“Crown land” means land in which there is a Crown interest;
“ Crown interest ” means any of the following—
an interest belonging to Her Majesty in right of the Crown or in right of Her private estates,
an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department,
such other interest as the Scottish Ministers specify by order;
“private interest” means interest which is not a Crown interest.
(2) For the purposes of this Part “the appropriate authority”, in relation to any land—
(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;
(b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land or the relevant person ; and
(ba) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers;
(c) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department.
(2ZA) In subsection (2), “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests.
(2A) For the purposes of an application for planning permission made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which the Crown has no interest, a reference to the appropriate authority must be construed as a reference to the person who makes the application.
(3) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
(3A) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (1) must be made by statutory instrument.
(6) But no such order may be made unless a draft of it has been laid before and approved by resolution of the Scottish Parliament.
(1) This section applies to a development if the appropriate authority certifies—
(a) that the development is of national importance, and
(b) that it is necessary that the development is carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for planning permission to the planning authority in accordance with Part 3, make an application for planning permission to the Scottish Ministers under this section.
(3) If the appropriate authority proposes to make the application to the Scottish Ministers, it must publish in one or more newspapers circulating in the locality of the proposed development a notice—
(a) describing the proposed development, and
(b) stating that the authority proposes to make the application to the Scottish Ministers.
(4) For the purposes of an application under this section the appropriate authority must provide to the Scottish Ministers—
(a) any matter required to be provided by an applicant for planning permission in pursuance of regulations made under section 40,
(b) a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (11) below apply.
(6) The Scottish Ministers may require the authority to provide them with such further information as they think necessary to enable them to determine the application.
(7) As soon as practicable after they are provided with any document or other matter in pursuance of subsection (4) or (6) the Scottish Ministers must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Scottish Ministers must in accordance with such requirements as they may specify in a development order publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) The Scottish Ministers must consult—
(a) the planning authority, and
(b) such other persons as may be so specified,
about the application.
(10) Subsection (7) above does not apply to the extent that the document or other matter is subject to any direction given under section 265A(3) of this Act.
(11) Subsections (4) and (7) of section 46 apply to an application under this section as they apply to an application in respect of which a direction under section 46 has effect.
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act; but the Court of Session may, on the application of a public authority or office-holder responsible for the enforcement of anything required to be done, or prohibited, by or under this Act, declare unlawful any act or omission so done or suffered.
(2) A planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land,
(b) initiating proceedings,
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice,
(b) the making of an order (other than a court order).
(1) Subsection (2) applies to the extent that an interest in land is a Crown interest.
(2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.
(3) An interest in land includes an interest only as occupier of the land.
247A Applications for planning permission by Crown
(1) This section applies to an application for planning permission or for a certificate under section 151 made by or on behalf of the Crown.
(2) The Scottish Ministers may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.
(3) A statutory provision is a provision contained in or having effect under any enactment (including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament).
251 Enforcement in respect of war-time breaches of planning control by the Crown.
(1) This section applies where during the war period—
(a) works not complying with planning control were carried out on land, or
(b) a use of land not complying with planning control was begun by or on behalf of the Crown.
(2) Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—
(a) that the works were carried out or the land used by or on behalf of the Crown, or
(b) the subsistence in the land of any interest of the landlord in a lease held by or on behalf of the Crown.
(3) A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—
(a) whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and
(b) if so, whether the works or use should be deemed to comply with that control.
(4) Where any works on land carried out, or use of land begun, during the war period remain or continues after the relevant date and no such determination has been given, the works or use shall by virtue of this subsection be treated for all purposes as complying with that control unless steps for enforcing the control have been begun before that date.
(5) Schedule 17 shall have effect for the purpose of making supplementary provision concerning the enforcement of breaches of planning control to which this section applies and the making and determination of applications under subsection (3).
(6) In this section and that Schedule—
“authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section 72 of the 1947 Act or of paragraph 28 of Schedule 22 to the 1972 Act (including that paragraph as it continues in effect by virtue of paragraph 3 of Schedule 3 to the Planning (Consequential Provisions) (Scotland) Act 1997) to serve an enforcement notice in respect of it or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control;
“the relevant date”, in relation to any land, means the date with which the period of 5 years from the end of the war period ends, but for the purposes of this definition any time during which, notwithstanding subsection (2), planning control is unenforceable by reason of the subsistence in or over the land of any interest or right to possession held by or on behalf of the Crown shall be disregarded;
“owner” includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and “owned” shall be construed accordingly;
“permanent or long-term interest”, in relation to any land, means the interest of the proprietor of the dominium utile or, in the case of land other than feudal land, of the owner, a tenancy of the land granted for a term of more than 10 years and not subject to a subsisting right of the landlord to determine the tenancy at or before the expiration of 10 years from the beginning of the term, or a tenancy granted for a term of 10 years or less with a right of renewal which would enable the tenant to prolong the term of the tenancy beyond 10 years;
“tenancy” includes a tenancy under a sub-lease and a tenancy under an agreement for a lease or sub-lease, but does not include an option to take a tenancy and does not include a mortgage;
“war period” means the period extending from 3rd September 1939 to 26th March 1946; and
“works” includes any building, structure, excavation or other work on land.
(7) References in this section and that Schedule to non-compliance with planning control mean—
(a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning (Scotland) Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order, and
(b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme,
and references in this Act to compliance with planning control shall be construed accordingly.
(8) References in this section and that Schedule to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section 72 of the 1947 Act or by paragraph 28 of Schedule 22 to the 1972 Act (including that paragraph as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) (Scotland) Act 1997).
(1) The Scottish Ministers may appoint a person (“the co-ordinator”) to—
(a) monitor the performance by planning authorities of their functions, and
(b) provide advice to planning authorities, and to such other persons as the co-ordinator considers appropriate, in relation to what steps might be taken by planning authorities or such other persons to improve the performance of their functions.
(2) The Scottish Ministers may by regulations make further provision about the appointment and functions of the co-ordinator.
(1) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to a planning authority in respect of—
(a) the performance by the planning authority of any of the authority's functions,
(b) anything done by the authority which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
(c) the performance by a person appointed by virtue of a scheme of delegation under section 43A of the person's functions.
(1ZA) The Scottish Ministers may by regulations make provision for the payment of a charge or fee to the Scottish Ministers in respect of—
(a) the performance by the Scottish Ministers of any of their functions under the planning Acts or any order or regulations made under them,
(b) anything done by the Scottish Ministers which is calculated to facilitate, or is conducive or incidental to, the performance of any such function,
(c) the performance by a person appointed by the Scottish Ministers under paragraph 1 of schedule 4 of the person's functions.
(1A) Regulations under subsections (1) and (1ZA) may (any or all)—
(a) specify the person by whom the charge or fee is to be paid,
(b) make provision as to how the charge or fee is to be calculated (including conferring on a planning authority the power to determine how it is to be calculated),
(c) specify the person by whom the calculation is to be made,
(d) make different provision for different classes of case,
(da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) provide that a planning authority or the Scottish Ministers may waive or reduce the charge or fee,
(ea) specify circumstances in which a planning authority or the Scottish Ministers are or are not to waive or reduce the charge or fee,
(f) specify circumstances in which the charge or fee is to be transferred from one planning authority to another.
(1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1AB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1AC) Regulations under subsection (1) may not make provision for the charge or fee payable to different planning authorities to be of different amounts on the basis of whether the functions of the authority are not being, or have not been, performed satisfactorily.
(1B) Without prejudice to the generality of paragraph (d) of subsection (1A), in relation to applications for planning permission, different provision may be made under that paragraph according to whether an application is made before or after the carrying out of the development to which it relates.
(1C) The power to make provision such as mentioned in subsection (1A)(e) and (ea) includes the power to specify the steps a planning authority are to take before or after waiving or reducing the charge or fee.
(1D) Regulations under subsections (1) and (1ZA) may provide for a surcharge to be imposed in relation to an application for planning permission made after the carrying out of the development to which it relates but those regulations may not provide for the imposition of a surcharge greater than the fee that would be payable otherwise in relation to the application.
(1E) Without prejudice to the generality of paragraphs (e) and (ea) of subsection (1A), in relation to applications for planning permission, provision may be made under those paragraphs for fees and charges to be waived where the application is for a development that, in the opinion of the planning authority—
(a) has the primary purpose of contributing to a social enterprise or not for profit enterprise,
(b) is likely to contribute to improving the health of residents of the area to which the application relates.
(1F) For the purposes of subsection (1E)—
“not for profit enterprise” means an organisation which a person might reasonably consider to exist wholly or mainly to provide benefits for society,
“social enterprise” means an organisation whose activities are wholly or mainly activities which a person might reasonably consider to be activities carried on for the benefit of society (“its social objects”), and which—
generates most of its income through business or trade,
reinvests most of its profits in its social objects,
is independent of any public authority, and
is owned, controlled and managed in a way that is consistent with its social objects.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations under—
(a) subsections (1) and (1ZA), may provide for the remission or refunding of a prescribed charge or fee,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(in whole or in part) in prescribed circumstances.
(4) Without prejudice to the generality of subsection (3), circumstances prescribed under that subsection may include those where the Scottish Ministers consider (or a person appointed by them under or by virtue of this Act considers) that in the performance or actings in respect of which the charge or fee is payable—
(a) the planning authority have behaved unreasonably, or
(b) there has been unreasonable delay.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where a charge or fee is calculated in pursuance of regulations under subsection (1A) or (1ZA), the planning authority or, as the case may be, the Scottish Ministers must secure that, taking one financial year with another, the income from the fee or charge does not exceed the cost of the performance of the function or, as the case may be, of the doing of the thing.
(8) A financial year is a period of 12 months beginning with 1 April.
(9) Subsection (7) does not apply in relation to surcharges imposed by virtue of subsection (1D).
The Secretary of State may, . . ., make grants for assisting establishments engaged in promoting or assisting research relating to, and education with respect to, the planning and design of the physical environment.
(1) The Scottish Ministers may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the planning Acts or the Planning etc. (Scotland) Act 2006 (asp 17).
(2) The Scottish Ministers may, as respects any such grant, provide that it is to be subject to such terms and conditions as they think appropriate.
254 Contributions by Ministers towards compensation paid by planning authorities.
(1) Where—
(a) compensation is payable by a planning authority under this Act in consequence of any decision or order to which this section applies, and
(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,
the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.
(2) This section applies to any decision or order given or made under Part III,section 242A, the provisions of Part V relating to purchase notices, Part VI, Part VII or Schedule 3 or 4 or Part I of Schedule 8.
255 Contributions by local authorities and statutory undertakers.
(1) Without prejudice to section 5(9) of the Roads (Scotland) Act 1984 (power of local roads authority to contribute towards costs incurred by Secretary of State in construction or improvement of trunk road) any local authority may contribute towards any expenses incurred by a local roads authority or the Secretary of State—
(a) in the acquisition of land under Part VIII of this Act or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997,
(b) in the construction or improvement of roads on land so acquired, or
(c) in connection with any development required in the interests of the proper planning of the area of the local authority.
(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a planning authority in or in connection with—
(a) the preparation of ... a local development plan or the alteration, repeal or replacement of such a plan under Part II;
(b) the performance of any of their functions under Part III, the provisions of Part V relating to purchase notices, Part VI (except sections 156 and 157, Part VII (except section 168), Part VIII or Schedule 3 or 8.
(3) In the application of subsection (2) to a local authority, “planning authority” means a planning authority other than that local authority.
256 Assistance for acquisition of property where objection made to blight notice in certain cases.
(1) A local authority may, subject to such conditions as may be approved by the Secretary of State, advance money to any person for the purpose of enabling him to acquire a hereditament or agricultural unit in respect of which a counter-notice has been served under section 102 specifying the grounds mentioned in subsection (4)(d) of that section as, or as one of, the grounds of objection.
(2) No advance may be made under subsection (1) in the case of a hereditament if its annual value exceeds such amount as may be prescribed for the purposes of section 100(3)(a).
257 Recovery from acquiring authorities of sums paid by way of compensation.
(1) This section applies where—
(a) an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers, and
(b) a notice is recorded or registered under section 79(1) in respect of any of the land acquired or sold (whether before or after the completion of the acquisition or sale) in consequence of a planning decision or order made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.
(2) Where this section applies the Secretary of State shall, subject to the following provisions of this section, be entitled to recover from the acquiring authority a sum equal to so much of the amount of the compensation specified in the notice as (in accordance with section 79(2)) is to be treated as attributable to that land.
(3) If, immediately after the completion of the acquisition or sale, there is outstanding some interest in the land acquired or sold to which a person other than the acquiring authority is entitled, the sum referred to in subsection (2) shall not accrue due until that interest either ceases to exist or becomes vested in the acquiring authority.
(4) No sum shall be recoverable under this section in the case of a compulsory acquisition or sale where the Secretary of State is satisfied that the interest in question is being acquired for the purposes of the use of the land as a public open space.
(5) In this section “authority possessing compulsory purchase powers”, in relation to the compulsory acquisition of an interest in land, means the person or body of persons effecting the acquisition and, in relation to any other transaction relating to an interest in land, means any person or body of persons who could be or have been authorised to acquire that interest compulsorily for the purposes for which the transaction is or was effected.
258 Sums recoverable from acquiring authorities reckonable for purposes of grant.
Where—
(a) a sum is recoverable from any authority under section 257 by reference to an acquisition or purchase of an interest in land, and
(b) a grant became or becomes payable to that or some other authority under an enactment in respect of that acquisition or purchase or of a subsequent appropriation of the land,
the power conferred by that enactment to pay the grant shall include, and shall be deemed always to have included, power to pay a grant in respect of that sum as if it had been expenditure incurred by the acquiring authority in connection with the acquisition or purchase.
(1) There shall be paid out of money provided by Parliament—
(a) any expenses incurred by the Secretary of State in the payment of expenses of any committee established under section 182(2)(d),
(b) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under Part IV or sections 143, 165, 166 or 185,
(c) any expenses incurred by the Secretary of State under Part IX,
(d) any expenses incurred by the Secretary of State in the making of grants under section 253, and
(e) any administrative expenses incurred by the Secretary of State for the purposes of this Act.
(2) There shall be paid out of money provided by Parliament any expenses incurred by any government department (including the Secretary of State)—
(a) in the acquisition of land under Part VIII,
(b) in the payment of compensation under section 194(4), 232(2) or 270, or
(c) under section 254.
261 Expenses of, and borrowing by, local authorities.
(1) Any expenses incurred by a local roads authority under the provisions of this Act specified in Part I of Schedule 18 shall be defrayed in the same manner as expenses incurred by the authority on roads.
(2) Any expenses incurred by a local authority under the provisions of this Act specified in Part I of Schedule 18 in pursuance of a purchase notice or in the acquisition of land under this Act for the purposes of any function of that authority, shall be defrayed in the same manner as other expenses incurred by that authority for the purposes of that function.
(3) A local authority may borrow for the purposes of this Act in accordance with the provisions of Part VII of the Local Government (Scotland) Act 1973.
(4) Nothing in this section shall authorise the exercise of the power of borrowing money thereby conferred otherwise than in compliance with the provisions of the Local Authorities Loans Act 1945.
(1) In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions specified in Part I of Schedule 18 shall have effect subject to such adaptations and modifications as may be prescribed by regulations.
(2) Such regulations . . . shall be of no effect unless they are approved by resolution of each House of Parliament.
(3) Any such regulations shall not apply—
(a) to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes, or
(b) to the winning and working of peat by any person for the domestic requirements of that person.
(4) Nothing in subsection (1) or (3) shall be construed as affecting the prerogative right of Her Majesty to any gold or silver mine.
(1) Where it appears to the Scottish Ministers that an area is of outstanding scenic value in a national context and that the special protection measures specified in subsection (2) are appropriate for it, they may by direction designate the area as a National Scenic Area.
(2) Where any area is for the time being designated as a National Scenic Area, special attention is to be paid to ... safeguarding or enhancing its character or appearance in the exercise, with respect to any land in that area, of any powers under this Act.
(3) The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and that authority must have regard to any guidance so issued.
(4) In deciding whether to designate an area as a National Scenic Area, the Scottish Ministers are to take account of—
(a) whether the area is of outstanding natural beauty,
(b) the amenity of the area, including—
(i) whether it is of historical, cultural or environmental importance; and
(ii) the nature of any buildings or other structures within it, and
(c) any flora, fauna or physiographical features of the area, whether or not to any extent the product of human intervention in the landscape.
(5) Any designation under subsection (1) may be varied or cancelled by a subsequent direction.
(6) Before issuing a direction under subsection (1) or (5), the Scottish Ministers are to consult with—
(a) Scottish Natural Heritage, and
(aa) persons resident within, or adjacent to, the area of a proposed designation,
(ab) a community body (as defined by section 4(9) of the Community Empowerment (Scotland) Act 2015) with an interest in the area of a proposed designation,
(b) such other persons as are prescribed.
(7) The Scottish Ministers are to compile and make available for inspection free of charge a list containing particulars of any area which has been designated as a National Scenic Area.
(8) For the purposes of subsection (7), a list may be made available by electronic means.
(9) The Scottish Ministers may by regulations make provision as to—
(a) the form of any direction under subsection (1) or (5),
(b) the manner in which a National Scenic Area is to be described in such a direction,
(c) the publicity to be given to any such direction, and
(d) other procedural matters in connection with the making of such a direction.
(10) Regulations under this section may make different provision for different purposes.
263B National Scenic Areas: report on consultation
(1) Where in any year the Scottish Ministers have designated a National Scenic Area under section 263A(1), they must, as soon as practicable after the end of that year, prepare and publish a report on the consultation undertaken in regard to the designation.
(2) A report under subsection (1) must include—
(a) the ways in which views expressed by any person consulted under subsection 263A(6)(aa) and (ab) were taken into account by the Scottish Ministers before issuing a direction under section 263A(1) or (5), and
(b) how the Scottish Ministers intend to improve their consultation process before issuing any future such directions.
In the exercise, with respect to any land in a National Park, of any power under the planning Acts, special attention shall be paid to the desirability of exercising the power consistently with the National Park Plan as adopted under section 12(7)(a) of the National Parks (Scotland) Act 2000 (asp 10).
(1) Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under this Act.
(2) The Minister shall appoint a person to hold the inquiry and to report on it to him.
(3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has lodged and has not withdrawn objections in relation to any matter in question at the inquiry, and shall be published in such newspaper or newspapers as the Minister may direct.
(4) Subject to subsections (5) and (6), the person appointed to hold the inquiry may, on the motion of any party to it or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry.
(5) No person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him.
(6) Nothing in subsection (4) shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
(7) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in place of evidence on oath by any person, a statement in writing by that person.
(8) Any person who—
(a) refuses or wilfully neglects to attend in obedience to a notice under subsection (4) or to give evidence, or
(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.
(9) The Minister may make orders as to the expenses incurred—
(a) by the Minister in relation to—
(i) the inquiry, and
(ii) arrangements made for an inquiry which does not take place, and
(b) by the parties to the inquiry,
and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) shall be paid.
(10) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—
(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and
(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.
(11) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,
(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
(12) Any order of the Minister under subsection (9) requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(13) In this section, except where the context otherwise requires, “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.
265A Planning inquiries to be held in public subject to certain exceptions
(1) This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.
(2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
(3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry—
(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and
(b) that the public disclosure of that information would be contrary to the national interest,
he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction.
(4) The matters referred to in subsection (3)(a) are—
(a) national security, and
(b) the measures taken, or to be taken, to ensure the security of any premises or property.
(5) The Lord Advocate may appoint a person to represent the interests of any person who—
(a) if a direction is given under subsection (3), will be prevented from hearing or inspecting any evidence at any such inquiry; or
(b) is so prevented by such a direction given before any appointment is made by virtue of paragraph (a).
(6) By rules—
(a) the Secretary of State may make provision as to the procedure to be followed by him before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5) and as to the functions of a person appointed under subsection (5),
(b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case and as to such functions.
(7) If a person (the representative) is appointed—
(a) under paragraph (a) of subsection (5) and either no direction in relation to the evidence in question has been given under subsection (3) or any such direction so given has been given by the Secretary of State, the Secretary of State may direct any person who he thinks,
(b) under paragraph (a) of subsection (5) and such a direction has been given under subsection (3) by the Scottish Ministers, the Scottish Ministers may direct any person who they think,
(c) under paragraph (b) of subsection (5) and the direction referred to in that paragraph was given by the Secretary of State, the Secretary of State may direct any person who he thinks,
(d) under paragraph (b) of that subsection and the direction so referred to was given by the Scottish Ministers, the Scottish Ministers may direct any person who they think,
is interested in the inquiry, or prospective inquiry, in relation to a matter mentioned in subsection (4) (the responsible person) to pay remuneration or allowances to, and to reimburse any expenses incurred by, the representative.
(8) If the representative and the responsible person are unable to agree an amount payable by virtue of—
(a) paragraph (a) or (c) of subsection (7), the amount must be determined by the Secretary of State,
(b) paragraph (b) or (d) of that subsection, the amount must be determined by the Scottish Ministers.
(9) The Secretary of State must cause an amount payable by virtue of paragraph (a) or (c) of subsection (7) (whether determined under subsection (8) or agreed between the representative and the responsible person) to be certified.
(10) The Scottish Ministers must cause an amount payable by virtue of paragraph (b) or (d) of subsection (7) (whether so determined or so agreed) to be certified.
(11) An amount certified under subsection (9) or (10) is recoverable from the responsible person as a debt.
(12) Subsections (7) to (11) apply even if the inquiry does not take place.
(13) The power to make rules under—
(a) paragraph (a) of subsection (6) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,
(b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.