40 Power to refer certain disputes to arbitration or to Minister.
(1) Where under this Act, or any scheme made thereunder, an appeal lies, or an application may be made, to a court of summary jurisdiction, it shall be lawful for the persons who would be parties to the appeal or application to agree in writing either that the matter in dispute shall be determined by the Minister, or that it shall be referred to the arbitration of such person as may be agreed upon or, in default of agreement, appointed by the Minister.
(2) Where under this Act, or any scheme made thereunder, an appeal lies to the Minister, or any question is to be determined by him, it shall be lawful for the persons who would be parties to the appeal, or between whom the question is raised, to agree in writing that the matter in dispute shall be referred to the arbitration of such person as may be agreed upon or, in default of agreement, appointed by the Minister.
(3) Where any such agreement as aforesaid is made, the Minister or the arbitrator, as the case may be, shall have power to make any such order or determination as, in the absence of such agreement, might have been made by the court of summary jurisdiction or by the Minister.
(4) A determination of the Minister under this section shall be final, and the parties to an arbitration under this section may, before entering on the reference, agree in writing that the award of the arbitrator shall be final on all questions, whether of law or fact, and where any such agreement is made, the provisions of the Arbitration Act, 1889, as to the power of an arbitrator to state in the form of a special case an award, or any question of law arising in the course of a reference, shall not apply.
(1) No provision contained in a scheme shall apply to any land or any building erected thereon which for the time being belongs to any statutory undertakers and is held or used by them for the purposes of their undertaking, except in so far as they may consent to any particular provision of the scheme being made applicable to any such land or building:
Provided that their consent shall not be unreasonably withheld, and any question whether or not consent is unreasonably withheld shall be decided by the Minister; but the Minister, before giving his. decision, shall, where any Government department other than the Ministry of Health are concerned with the functions of the undertakers, consult with the Secretary of State or other Minister in charge of that Department and shall, if the undertakers whose consent is sought so desire, afford them an opportunity of appearing before and being heard by one or more persons appointed for the purpose by the Minister and the Secretary of State or other Minister acting jointly.
(2) If, in connection with the giving by statutory undertakers of any consent under this Act, any question arises as to whether any or as to which Government department are concerned with the functions of any statutory undertakers the question shall be referred to and determined by the Treasury whose decision shall be final.
42 Consultation of Commissioners of Works as to schemes affecting certain buildings.
Where representations are made to the Minister that a provision in a scheme submitted for his approval will involve the removal, pulling down, or alteration of a building of special architectural or historic interest, he shall, before approving the scheme, consult with the Commissioners of Works.
43 Land in neighbourhood of Royal Palaces and Parks.
(1) Where a local authority or joint committee propose to include in a scheme any land which is situate within the prescribed distance from any of the royal palaces or parks, or where an authority propose to acquire any such land under this Act, they shall, before preparing the scheme or acquiring the land, communicate with the Commissioners of Works, and the Minister shall, before approving the scheme or authorising the acquisition of the land or the raising of any loan for the purpose, take into consideration any recommendations which he may have received from the Commissioners of Works with reference to the proposal.
(2) For the purposes of this section, " prescribed " means prescribed by regulations made by the Minister after consultation with the Commissioners of Works.
Nothing in this Act shall authorise the execution of any works whether of construction, demolition or alteration on, over or under tidal lands below high-water mark of ordinary spring tides, except with the consent of any persons whose consent would have been required if this Act had not been passed, and except in accordance with such plans and sections and subject to such restrictions and conditions as, previous to such works being commenced, have been approved by the Board of Trade in writing under the hand of one of the secretaries or assistant secretaries of the Board of Trade.
The expression " Act of Parliament " in section seven of the Telegraph Act, 1878 (which makes provision as to work done in pursuance of Acts of Parliament which involves alteration in telegraphic lines), shall be construed as including a scheme under this Act.
(1) The provisions to be inserted in a scheme with respect to securing amenity and the protection of existing amenities may include provisions for the preservation of single trees and groups of trees, and in addition may specify areas of woodland as areas to be protected under this section.
(2) Where an area is so specified, the scheme may impose an obligation on the owner, if any part of the woodland is felled, to undertake such replanting as would be in accordance with the practice of good forestry, but save as aforesaid the scheme shall not impose any control over forestry operations in the area.
(3) If any question arises between the responsible authority and the owner whether any replanting of land carried out or proposed to be carried out by the owner is or would be in accordance with the practice of good forestry, it shall, on the application of either party, be determined by the Forestry Commissioners, whose decision shall be final.
(1) Where it appears to the responsible authority that an advertisement displayed or a hoarding set up in the area to which a scheme applies seriously injures the amenity of land specified in the scheme as land to be protected under this Act in respect of advertisements, the authority may serve in the prescribed manner upon the owner of the advertisement or hoarding a notice requiring him to remove it within such period, not being less than twenty-eight days from the date of service of the notice, as may be specified therein, and where any such notice is served a copy thereof shall be served in the prescribed manner upon the owner and occupier of the land on which the advertisement or hoarding is displayed or set up.
(2) If a person upon whom a notice or a copy of a notice has been served under the last foregoing subsection on any date desires to allege that the advertisement or hoarding to which the notice relates does not seriously injure the amenity of any land specified in the scheme as aforesaid he may, by written notice served on the clerk of the court and the authority within twenty-eight days from that date, appeal to a court of summary jurisdiction for the petty sessional division or place comprising the land on which the advertisement or hoarding is displayed or set up.
(3) If on any such appeal as aforesaid the court are satisfied that the advertisement or hoarding does not seriously injure the amenity of any land specified in the scheme as aforesaid, the court shall allow the appeal, but if they are not so satisfied the court shall dismiss the appeal, so, however, that the court may by their order postpone the date for compliance with the requirements of the notice to such date, not being later than the expiration of twenty-eight days from the date of the order, as they think fit.
(4) If the owner of an advertisement or hoarding upon whom a notice has been served under subsection (1) of this section does not comply with the requirements of the notice within the period therein specified, then, unless an appeal in respect of the notice is made under this section and allowed, the authority may, at any time after the expiration of that period or, if the court on an appeal under this section postpone the date for compliance with the requirements of the notice, after the date specified in the order, enter upon the land upon which the advertisement or hoarding is displayed or set up and remove the advertisement or hoarding and recover from the owner thereof the expenses of such removal and on any proceedings for the recovery of such expenses the defendant shall not be entitled to raise by way of defence any matter which might have been raised by him on an appeal under this section.
(5) Where a scheme specifies any land in the area to which the scheme applies as land to be protected under this Act in respect of advertisements, the scheme may contain provisions enabling the responsible authority subject to such conditions as may be specified in the scheme to authorise the display of any particular class of advertisements, either unconditionally or subject to any conditions in respect of the position or manner in which, or the period during which, the advertisements may be displayed, and conferring upon any person aggrieved by a decision of the responsible authority in relation to such authorisation as aforesaid a right of appeal to a court of summary jurisdiction.
(6) The powers conferred upon a responsible authority by subsections (1) and (4) of this section shall not be exerciseable—
(i) in respect of advertisements the display of which is authorised as provided by the last foregoing subsection;
(ii) in respect of advertisements which relate solely to a trade or business carried on, or to an entertainment, meeting, auction or sale to be held, upon or in relation to the land upon which the advertisements are displayed, and which conform with any provisions contained in the scheme with respect to the size, position, and manner of display of such advertisements ;
(iii) in respect of advertisements on the door or in the window of a building which conform with any such provisions as aforesaid;
(iv) during the period of five years from the coming into operation of the scheme, in respect of hoardings erected or in use for advertising purposes before the date when the resolution to prepare or adopt the scheme took effect, or advertising stations used by advertising contractors at that date, or in respect of advertisements displayed on any such hoarding or station at any time during that period, or in respect of advertisements displayed at that date.
(7) Property shall not, for the purposes of the provisions of this Act relating to compensation and betterment, be deemed to be injuriously affected or increased in value by the provisions of this section or anything done or suffered thereunder.
(8) Save as provided by this section, a scheme shall not contain any provision prohibiting or controlling the erection or use of structures for the purpose of advertising:
Provided that the foregoing provisions of this subsection shall not render unlawful the insertion in a scheme of a provision which prohibits the erection on any land of buildings generally, or under which buildings generally could be removed from any land, if that provision is required for a purpose other than the prevention of injury to amenity by advertisements or hoardings.
(9) In this section the expression " hoarding " means any hoarding or similar structure erected or used for the purpose of advertising; and the expression " owner " means, in relation to an advertisement displayed by a person carrying on the business of an advertising contractor, that person, and means, in relation to any other advertisement, the person to whose goods, trade, business, or other concerns publicity is given by the advertisement.
(1) A local authority or a county council may, subject to the provisions of this section, appoint a committee for any of the purposes of this Act, which, in the opinion of the authority, would be better regulated and managed by means of a committee, and may delegate to the committee, with or without restrictions or conditions as they think fit, any of their powers under this Act except the power of levying a rate or borrowing money, or of relinquishing in favour of the council of the county any of their powers and duties under this Act.
(2) A committee appointed under this section shall consist of such number of persons as the appointing authority think fit, but at least three-fourths of the members of the committee shall be members of the appointing authority.
49 Expenses of, and borrowing by, local authorities.
(1) Subject to the provisions of subsection (8) of section thirty-six of this Act, any expenses incurred by a local authority or a county council under this Act shall be defrayed, in the case of the common council of the city of London, as expenses of that council chargeable to the general rate of that city, in the case of a county council, as expenses for general county purposes or as expenses for special county purposes chargeable upon such part of the county as the county council may determine, and, in the case of the council of a county borough or county district, as expenses of the council under the Public Health Acts, 1875 to 1926:
Provided that a county council, before determining that any such expenses incurred by them under so much of section thirty of this Act as authorises them to contribute towards the expenses incurred by any authority in connection with the carrying into execution of a scheme shall be defrayed as expenses for general county purposes, shall serve notice on every other local authority in the administrative county who have passed a resolution which has taken effect under section six of this Act or any similar enactment repealed by this Act. Any such local authority aggrieved by the determination of the county council may appeal to the Minister, and the decision of the Minister on an appeal under this proviso shall be final, and shall have effect as if it were the decision of the county council:
Provided further that any expenses properly incurred in or in connection with the preparation or carrying into execution of a scheme made by the common council of the city of London, where such scheme is consequential upon a scheme made by the London County Council in respect of a part of the county of London and forms part of a general proposal for planning an area comprising land in the city of London and land in the county of London, shall be defrayed by the London County Council as expenses for general county purposes, and any difference between the said common council and the London County Council under this proviso shall be referred to and determined by the Minister.
(2) A local authority or a county council may borrow for the purposes of this Act—
(a) in the case of the common council of the city of London, under the City of London Sewers Acts, 1848 to 1897;
(b) in the case of the London County Council, under and in accordance with the London County Council (Finance Consolidation) Act, 1912, as amended by any subsequent enactment;
(c) in the case of any other county council, under and in accordance with section sixty-nine of the Local Government Act, 1888, as amended by any subsequent enactment; and
(d) in the case of the council of a county borough or county district, as for the purposes of the Public Health Acts, 1875 to 1926.
50 Special provisions as to administrative county of London.
(1) A scheme which applies to any land within a metropolitan borough may, with the consent of the council of that borough, provide for that council being the responsible authority for all or any of the purposes of the scheme, so far as respects the land within the borough, and if such a scheme provides for the constitution of a joint body to act as the responsible authority for the purposes of the scheme, it may, with the like consent, provide for the representation of the council of the borough upon that joint body; but, except with the consent of the London County Council, no local authority whose area is outside the administrative county of London and no joint body of whom any such authority are a constituent authority shall, as respects any land in the said county, be a responsible authority for any purposes of a scheme.
(2) The London County Council shall, with respect to any of the following matters, that is to say :—
(a) any proposal for a resolution to prepare a scheme, or to revoke a resolution to prepare or adopt a scheme;
(b) the preparation of any scheme, supplementary order, or general development order which the council propose to make;
(c) the examination of any scheme or supplementary order which they propose to adopt;
(d) any proposal for the making, variation, or revocation of an order under section seventeen of this Act,
consult with the council of each metropolitan borough within which any land or building to be affected is situate and also, if in the opinion of the county council the council of any other metropolitan borough are concerned, with that council:
Provided that no such consultation shall be necessary in the case of a proposal for a resolution to prepare a scheme if the county council are of opinion that the matter should be dealt with forthwith as a matter of immediate urgency.
(3) Where under an interim development order or a scheme an application is made to the London County Council for permission to develop any land within a metropolitan borough pending the coming into operation of a scheme or, as the case may be, pending the coming into operation of a general development order, the county council shall, if the application is an application of any such class (being a class of application involving matters of principle) as may be specified in the order or scheme, give notice to the council of the borough not less than fourteen days before the application is to be taken into consideration, and the county council in determining the application, and the Minister in determining any appeal against their decision, shall take into account any representations made by the council of the borough.
(4) The London County Council shall consult with the common council of the city of London with respect to any of the following matters, in so far as they affect or are likely to affect any scheme made or adopted or any resolution to prepare or adopt a scheme which has been passed or is proposed to be passed by the common council of the city of London, that is to say :—
(a) any proposal for a resolution to prepare a scheme or to revoke a resolution to prepare or adopt a scheme;
(b) the preparation of any scheme which they propose to make;
(c) the examination of any scheme which they propose to adopt;
and the common council shall consult with the London County Council in such matters in so far as they affect or are likely to affect any scheme made or adopted, or any resolution to prepare or adopt a scheme which has been passed or is proposed to be passed, by the London County Council.
(5) The provisions of section seventeen of this Act shall apply in relation to any building of special architectural or historic interest which is situated within the city of London as if that city were a county borough and as if the common council of the city of London were the council of that borough, and those provisions shall apply in relation to any such building which is situate within the county of London as if that county were a county borough and as if the London County Council were the council of that borough.
(6) For the purposes of this Act the provisions of the Public Health Acts, 1875 to 1926, with respect to the purchase of land by agreement shall be deemed to extend to the city of London and the county of London.
(7) No scheme or interim development order shall suspend or affect the operation of any provision contained in the London Squares Preservation Act, 1931, or in any order made under that Act, with respect to a protected square as defined in that Act.
(8) Any expenses incurred under this Act by the council of a metropolitan borough shall be defrayed as part of the general expenses of the council, and money may be borrowed for the purposes of this Act by the council of a metropolitan borough in like manner and subject to the like conditions as for the purposes of the Metropolis Management Acts, 1855 to 1893.
(9) No scheme or order made under this Act shall, without the consent of the London County Council, provide for suspending, modifying or adapting any provision of the London Building Act, 1930, or any Act amending or extending that Act, or any byelaw or regulation made thereunder.
(1) Every officer of a council who, in consequence of the relinquishment, delegation, or transfer of any powers or duties of that council under any provision contained in sections two to five of this Act, suffers any direct pecuniary loss by determination of his appointment or by diminution or loss of fees, salary, or emoluments, and for whose compensation for that loss provision is not made by any other enactment for the time being in force, shall be entitled to recover compensation under this Act for that loss from that council.
(2) For the purposes of this section an officer of a council by or from whom any powers or duties are so relinquished, delegated, or transferred—
(a) who at any time within five years after the date of the relinquishment, delegation, or transfer, as the case may be, relinquishes office by reason of his having been required to perform duties which are not analogous to, or which are an unreasonable addition to, those which he was required to perform immediately before the said date; or
(b) whose appointment is determined or whose salary is reduced within five years after the said date because his services are not required or his duties are diminished, and not on the ground of misconduct or inefficiency,
shall be deemed, unless the contrary is shown, to have suffered a direct pecuniary loss in consequence of that relinquishment, delegation, or transfer.
(3) The provisions of section one hundred and twenty-six of the Local Government Act, 1929, and of the Eighth Schedule to that Act, shall apply in relation to claims for compensation under this Act as they apply in relation to claims for compensation under that Act, subject to the following modifications,—
(a) references to that Act shall be construed as references to this Act; and
(b) references to the appointed day shall be construed as references to the date of the relinquishment, transfer, or delegation, as the case may be,
and subject also to such other modifications, if any, as the Minister may consider to be necessary for the purpose of adapting those provisions to cases arising under this Act.
(4) In this section the expression " officer " includes servant.
(1) Where before the commencement of this Act a local authority have, in pursuance of authority given by the Minister under subsection (2) of section one of the Town Planning Act, 1925, resolved to prepare a scheme under that subsection for the limited purposes therein mentioned, they may, notwithstanding the repeal of the said subsection, prepare and make a scheme for those purposes, without prejudice, however, to their power to pass at any time a resolution to prepare or adopt with respect to the same area, or any part thereof, a scheme for any of the purposes mentioned in section one of this Act.
(2) Where an application for authority to prepare or adopt a scheme has been granted, or a resolution to prepare or adopt a scheme has taken effect, but the scheme to be prepared in pursuance of that application or resolution, or, as the case may be, the scheme so adopted, has not at the commencement of this Act come into operation, the application or resolution shall have effect as if it were a resolution passed by the authority and approved by the Minister under this Act, and the existing provisions which immediately before that date regulated the service of notices in the area in question and the procedure in connection with the preparation or adoption of schemes, and the submission of schemes to the Minister, and consideration and approval thereof by him shall, whether those provisions were contained in regulations made by the Minister under the Town Planning Act, 1925, or were contained partly in such regulations and partly in a local Act, continue to apply in relation to that scheme :
Provided that the Minister may by general or special order direct that in certain classes of case, or in any particular case, the provisions of this Act with respect to the matters aforesaid shall apply instead of such existing provisions as aforesaid to such extent, and with such modifications, as he may think fit.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say :—
" Buildings " includes structures and erections;
" Building operations " includes any road works preliminary, or incidental, to the erection of buildings;
" Classified road " means a road classified by the Minister of Transport under the Ministry of Transport Act, 1919, in Class 1 or Class 2, or in any class declared by him to be not inferior to those classes for the purposes of the Local Government Act, 1929;
" Development, " in relation to any land, includes any building operations or rebuilding operations, and any use of the land or any building thereon for a purpose which is different from the purpose for which the land or building was last being used :
Provided that—
the use of land for the purpose of agriculture, whether as arable, meadow, pasture ground or orchard, or for the purposes of a plantation or a wood, or for the growth of saleable underwood, and the use for any of those purposes of any building occupied together with land so used, shall not be deemed to be a development of that land or building; and
the use of land within the curtilage of a dwelling-house for any fresh purpose other than building operations shall not be deemed to be a development of that land if the purpose is incidental to the enjoyment of the dwelling-house as such;
" District " means, in relation to the common council of the city of London, the city of London, in relation to the London County Council, the county of London, and in relation to the council of any other county or of a borough, that county or borough;
" Fence " and " hedge " have respectively the same meanings as in the Roads Improvement Act, 1925;
" Joint committee " means a joint committee appointed under section three or under section four of this Act, or under any repealed enactment relating to town planning;
" Land " includes land covered with water and any right in or over land;
" Minerals " includes all minerals and substances in or under land of a kind ordinarily worked for removal by underground or by surface working;
" Owner " in relation to any land means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, or of any term of years therein granted or agreed to be granted by a lease or agreement the unexpired term whereof exceeds three years;
" Prescribed " means prescribed by regulations made by the Minister;
" Road " includes a drift-way and a footway;
" Statutory undertakers " means any person authorised by or under an Act of Parliament, or an order having the force of an Act of Parliament, to construct, work, or carry on any railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water, or other public undertaking;
" Scheme " means a scheme under this Act, and, save as otherwise expressly provided in this Act, includes a supplementary scheme and a scheme varying or revoking an existing scheme;
" Site " in relation to a building includes the area of any offices, out-buildings, yard, court or garden occupied or intended to be occupied therewith;
" The material date " means, in relation to any provision contained in a scheme, other than a supplementary scheme or a varying scheme, the date on which the resolution to prepare or adopt the scheme took effect or such later date as may be fixed by the scheme, either generally or for the purposes of any particular provision thereof, and. in relation to any provision contained in a supplementary scheme or a varying scheme or a supplementary order means the date on which the scheme or order came into operation, or such later date as may be fixed by the scheme or order, either generally or for the purposes of any particular provision thereof :
Provided that, where any provision of a scheme or order is revoked by a subsequent scheme or order which contains the same provision or a provision substantially to the same effect, the material date in relation to that later provision shall be the date which, if the earlier provision had continued in operation, would have been the material date in relation thereto ;
" Existing building " and " existing work " mean respectively a building or work erected, constructed or carried out before the material date, and include also a building or work—
erected, constructed or carried out in pursuance of a contract made before the material date; or
begun before, but completed after, that date; or
erected, constructed or carried out in accordance with the terms of an interim development order, whether made under this Act or any Act repealed by this Act, or of permission granted under such an order:
Provided that—
a building erected or constructed in substitution for a previous building in accordance with the provisions of the scheme relating to substituted buildings shall be deemed to be an existing building; and
a building shall not cease to be, or to be deemed to be, an existing building by reason of its alteration or extension in accordance with the provisions of the scheme relating to the alteration or extension of existing buildings, and any such alteration or extension shall itself be deemed to be part of the existing building;
" Existing use " means, in relation to any building or land, a use of that building or land for any purpose of the same or a similar character to that for which it was last used before the material date, or, in the case of a newly erected building which has not been used before that date, a use for any purpose for which it was designed, and includes in any case any use of a building or land permitted by or under an interim development order, whether made under this Act or any Act repealed by this Act:
Provided that—
if at any time after the material date the existing use of a building is discontinued for a period of eighteen months, no use of that building at any subsequent date shall be deemed to be an existing use thereof;
where at the material date a person who was using any land for the purpose of mining, quarrying, the digging of clay, gravel or sand, or the deposit of waste materials or refuse, or any other purpose of a similar nature, was entitled also to use neighbouring land for any such purpose, the user under that title of that neighbouring land for any such purpose, whether before or after the material date, shall be deemed to be an existing use.
(1) The enactments mentioned in the Fifth Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule, and, subject to the provisions of subsection (2) of section fifty-two of this Act, such of the provisions of any local Act, including any local Act passed on the same day as this Act, as modify the provisions of the Town Planning Act, 1925, in its application to a particular locality are also repealed:
Provided that—
(a) nothing in this repeal shall affect any appointment, scheme, order, regulation, or agreement made, or any approval, consent or notice given, under any enactment repealed by this Act, and any such appointment, scheme, order, regulation, agreement, approval, consent or notice may be enforced and carried into effect as if this Act had not been passed, but may be amended, varied, repealed or revoked under this Act;
(b) where at the commencement of this Act there is outstanding any claim for compensation duly made under any Act repealed by this Act, or any claim so made for any amount in respect of an increase in the value of property, or the time limited by or under any such repealed Act for making such a claim has not expired, that outstanding claim, and any such claim made within the time so limited, shall be entertained and may be enforced in the same manner in all respects as if this Act had not been passed;
(c) a reference in any document to any Act or enactment repealed as aforesaid, or to a town planning scheme under any such Act, shall be construed as a reference to this Act or the corresponding enactment in this Act, or to a scheme under this Act;
(d) the provisions of a local Act, in so far as they effect a transfer of functions exerciseable under the Town Planning Act, 1925, from one authority to another or regulate the manner in which any such functions are to be exercised where such a transfer has been so effected, shall be excepted from the repeal by this section of the provisions of local Acts;
(e) except as expressly provided in the section of this Act of which the marginal note is " Special " provisions as to the Surrey County Council " Act, 1931," nothing in this Act shall repeal or affect any provisions of the Surrey County Council Act, 1931.
(2) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section thirty-eight of the Interpretation Act, 1889, with regard to the effect of repeals.
55 Special provisions as to the Surrey County Council Act, 1931.
(1) Sections seventy-three to eighty-one and section eighty-three of the Surrey County Council Act, 1931, (in this section referred to as " the Surrey Act"), are hereby repealed:
Provided that the repeal of section eighty of the Surrey Act shall be without prejudice to the provisions of subsection (2) of section fifty-two of this Act.
(2) So much of subsection (1) of section ninety-seven of the Surrey Act as relates to any of the sections repealed by subsection (1) of this section and subsections (2) and (3) of that section ninety-seven are also hereby repealed.
(3) In the Surrey Act (except in section one hundred and seventy-four thereof) references to a town planning scheme or to a town planning scheme made or approved under or in pursuance of the Town Planning Act, 1925, shall be construed as including references to a scheme under this Act, and the words "whether under the " Town Planning Act, 1925, or the section of this Act " of which the marginal note is ' Extension of powers " 'of local authorities to make or adopt town planning " ' schemes' " in paragraph (a) of subsection (6) of section sixty-eight of the Surrey Act are hereby repealed.
(4) In subsection (8) of section ninety-six of the Surrey Act references to a joint committee appointed under section two of the Town Planning Act, 1925, shall be construed as including references to a joint committee appointed under this Act.
(5) The following section shall be substituted for section eighty-two of the Surrey Act:—
(1) A local authority may with the consent " of the Surrey Joint Planning Committee constituted under section ninety-six of this Act delegate " to that committee, with or without restrictions, " any of their powers and duties in connection " with the preparation or adoption of a town " planning scheme, other than the power to " borrow money or levy a rate, and shall pay " any expenses incurred by the said committee " in the exercise of any powers and duties so " delegated.
(2) (a) Where two or more local authorities " are desirous of acting jointly in the preparation " or adoption of a scheme, they may, with the " consent of the Surrey Joint Planning Committee, " concur in delegating to that committee with or " without restrictions any of their powers and " duties in connection with the preparation or " adoption of a town planning scheme, other than " the power to borrow money or levy a rate.
(b) The expenses incurred by the said committee in the exercise of any powers and duties " delegated under this subsection shall be paid " by the local authorities who have concurred in " the delegation, or some or one of them, as they " may agree, and if any question arises as to the " local authorities or local authority by whom, " or the proportions in which, any such expenses " are to be paid, that question shall be deter" mined by the Minister.
(c) The provisions of section fifty-eight of " the Local Government Act, 1894, with respect " to accounts and audit shall, with any necessary " modifications, apply in relation to the expenses " incurred by the said committee in the exercise " of any powers and duties delegated under this " subsection as though the said committee were " a joint committee of which the local authorities " who have concurred in the delegation were " constituent authorities.
(6) A scheme applying to land in the administrative county of Surrey may, with the consent of the Surrey Joint Planning Committee constituted under the Surrey Act, provide that the said committee or a body consisting of such number of members of the said committee, to be nominated by the said committee for the purpose, as may be specified, in the scheme, shall be the authority responsible for enforcing and carrying into effect all or any of the provisions of the scheme, and where a scheme provides for a body consisting of such persons as aforesaid being the responsible authority for any of the purposes of the scheme it may authorise that body to co-opt additional members, so however that at least three-fourths of the members of that body shall be persons who are members of the said committee.
56 Saving as to the Sandhills in the Parts of Lindsey, Lincolnshire.
Nothing in this Act shall affect the provisions of any Act of the present Session to provide, amongst other purposes, for regulating certain lands in the Parts of Lindsey, Lincolnshire, known as the Sandhills.
(1) This Act shall apply to Scotland subject to the adaptations and modifications specified in the Sixth Schedule to this Act.
(2) A copy of this Act as applying to Scotland by virtue of the provisions of the last preceding subsection, but with this section and the said Sixth Schedule omitted therefrom, shall be prepared and certified by the Clerk of the Parliaments as if it were a separate Act which had received the Royal Assent on the same day as this Act and shall be deposited with the Rolls of Parliament, and thereupon this Act shall cease to apply to Scotland and the Act as certified as aforesaid shall take effect as a separate Act of the present session and may be cited as the Town and Country Planning (Scotland) Act, 1932, and may be printed as a separate Act by the Printers to His Majesty as a chapter of the statutes of the session distinguished by the number next following the number of the chapter assigned to this Act.
(1) This Act may be cited as the Town and Country Planning Act, 1932, and, except as otherwise expressly provided, shall come into operation on the first day of April, nineteen hundred and thirty-three.
(2) This Act shall not extend to Northern Ireland.
Sections 8 and 25(3).
PART I Provisions as to the laying of Schemes before Parliament.
1 Where a scheme is approved or made by the Minister he shall cause it to be laid forthwith before both Houses of Parliament.
2 (1) A scheme which contains a provision suspending the operation of a statutory enactment, other than an enactment which is an excepted enactment for the purposes of this paragraph, shall not be capable of coming into operation until a resolution approving the suspensory provision has been passed by each House of Parliament.
(2) For the purposes of this paragraph the following are excepted enactments :—
(a) section one hundred and twelve of the Public Health Act, 1875, as extended by section fifty-one of the Public Health Acts (Amendment) Act, 1907;
(b) the Public Health (Buildings in Streets) Act, 1888 ;
(c) sections thirty to thirty-four of the Public Health Act, 1925;
(d) section five of the Roads Improvement Act, 1925;
(e) any enactment making such provision as might, by virtue of any Act of Parliament, have been made in relation to the area to which the scheme applies by means of a byelaw, order, or regulation not requiring confirmation by Parliament;
(f) any enactment which has been previously suspended by some other scheme which came or was capable of coming into operation, and any enactment having substantially the same effect as any such enactment.
3 Subject as aforesaid a scheme approved or made as aforesaid shall be capable of coming into operation in accordance with the provisions of Part II of this Schedule unless—
(1) either House of Parliament within a period of twenty-one days on which that House has sat after the scheme has been laid before it resolves that the scheme or some provision thereof ought not to come into operation; or
(2) on a motion that a provision in the scheme be approved or that the scheme or some provision thereof ought not to come into operation an undertaking is given by, or on behalf of, the Minister to modify the scheme.
4 If in the case of any scheme—
(1) a resolution to approve a suspensory provision contained in the scheme is not agreed to by either House of Parliament; or
(2) it has been resolved by either House of Parliament that the scheme or some provision contained therein ought not to come into operation; or
(3) there has in relation to the scheme been given any such undertaking as is mentioned in paragraph three of this Part of this Schedule,
the following provisions shall have effect:—.
(a) if the scheme is a scheme which was prepared or adopted by a local authority or joint committee, it may be modified by the Minister in like manner, and the like further proceedings may be taken thereon, as if the Minister had not approved it;
(b) if the scheme is a scheme which was made by the Minister, a new scheme may be made by him in like manner, and the like proceedings may be taken thereon as if the first mentioned scheme had not been made.
PART II Provisions as to the Validity and Date of Operation of Schemes.
1 So soon as may be after a scheme has, regard being had to the provisions of Part I of this Schedule, become capable of coming into operation, the local authority or joint committee by whom the scheme was prepared or adopted, or is deemed to have been prepared or adopted, shall publish in a local newspaper a notice in the prescribed form stating that the scheme has been laid before both Houses of Parliament and is capable of coming into operation and naming a place where a copy of the scheme and of any map therein referred to may be seen at all reasonable hours, and shall serve a like notice on every person to whom this Act or the regulations made by the Minister thereunder require notice to be given.
2 If any person aggrieved by a scheme desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act, or that any requirement of this Act, or of any order or regulation made thereunder, has not been complied with in relation to the scheme, he may, at any time within six weeks after the date on which the notice required by the provisions of paragraph one of this Part of this Schedule is published, make an application for the purpose to the High Court.
3 The High Court, on an application made under this Part of this Schedule—
(a) may by interim order suspend the operation of the scheme, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; and
(b) if satisfied that the scheme, or any provision contained therein, is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by any requirement of this Act, or of any order or regulation made thereunder, not having been complied with, may quash the scheme or any provision contained therein, either generally or in so far as it affects any property of the applicant.
4 Subject to the provisions of paragraphs two and three of this Part of this Schedule, the validity of a scheme shall not, either before or after it has been approved or made, be called in question in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which the notice required by the provisions of paragraph one of this Part of this Schedule is published.
5 Except by leave of the Court of Appeal no appeal shall lie to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule.
6 The validity of a provision in a scheme which has been approved by resolution passed by each House of Parliament shall not be called in question on any ground under the provisions of this Part of this Schedule or in any legal proceedings whatsoever, nor shall any such provision be suspended or quashed under the provisions of this Part of this Schedule.
PART III Provisions as to the Validity and Date op Operation of Compulsory Purchase Orders.
1 So soon as may be after a compulsory purchase order has been confirmed by the Minister the authority by whom the order was made shall publish in a local newspaper a notice in the prescribed form stating that the order has been so confirmed and naming a place where a copy of the order and of any map therein referred to may be seen at all reasonable hours and shall serve a like notice on every person who, having given notice of his objection to the order, appeared at the local inquiry in support of his objection.
2 If any person aggrieved by a compulsory purchase order desires to question the validity thereof, or of any provision contained therein, on the ground that it is not within the powers of this Act or that any requirement of this Act or of any order or regulation made thereunder has not been complied with in relation to the order, he may within six weeks after the date on which notice of its confirmation is published in accordance with the provisions of the preceding paragraph make an application for the purpose to the High Court, and upon any such application the Court—
(a) may by interim order suspend the operation of the order or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings ; and
(b) if satisfied that the order or any provision contained therein is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by any requirement of this Act or of any order or regulation made thereunder not having been complied with, may quash the order or any provision contained therein, either generally or in so far as it affects any property of the applicant.
3 Subject to the provisions of the last preceding paragraph, a compulsory purchase order shall not, either before or after it has been confirmed, be questioned in any legal proceedings whatsoever, and shall become operative at the expiration of six weeks from the date on which notice of its confirmation is published in accordance with the provisions of paragraph one of this Part of this Schedule.
4 Except by leave of the Court of Appeal, no appeal shall He to the House of Lords from a decision of the Court of Appeal under this Part of this Schedule.
5 This Part of this Schedule does not apply to an order which is provisional only until confirmed by Parliament.
SECOND SCHEDULE Matters to be dealt with by Schemes.
Section 11.
1 Streets, roads and other ways, and stopping up or diversion of existing highways including churchways.
2 Buildings, structures, and erections.
3 Open spaces, private and public.
4 The reservation of sites for places of religious worship or for houses for the residence of officiating ministers or burial places in connection therewith.
5 The reservation of land as sites for aerodromes.
6 The prohibition, regulation, and control of the deposit or disposal of waste materials and refuse.
7 Sewerage, drainage, and sewage disposal.
8 Lighting.
9 Water supply.
10 Ancillary or consequential works.
11 Extinction or variation of private rights of way and other easements.
12 Dealing with or disposal of land acquired by the responsible authority or by a local authority.
13 Power of entry and inspection.
14 Power of the responsible authority to remove, alter or demolish any obstructive work.
15 Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another.
16 Power of the responsible authority or a local authority to accept any property whether real or personal for the furtherance of the objects of any scheme, and provision for regulating the administration of any such money or property and for the exemption of any assurance with respect to money or property so accepted from enrolment under the Mortmain and Charitable Uses Act, 1888.
17 Application with the necessary modifications and adaptations of statutory enactments.
18 Carrying out and supplementing the provisions of this Act for enforcing schemes, and for that purpose imposing pecuniary penalties for breach of or failure to comply with schemes and making provision for the recovery thereof in a court of summary jurisdiction.
19 Limitation of time for operation of scheme.
20 Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested.
21 Charging on any land the value of which is increased by the operation of a scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations the provisions of any enactments dealing with charges for improvements of land.
Section 25.
PART I Provisions as to the Compulsory Acquisition of Land.
1 A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies, and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—
(a) the Lands Clauses Acts (except sections ninety-two and one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845);
(b) the Acquisition of Land (Assessment of Compensation) Act, 1919; and
(c) sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845.
2 A compulsory purchase order in respect of land forming the site of a highway which has been stopped up under a provision contained in a scheme shall not be submitted to the Minister after the expiration of twelve months from the date on which the highway was stopped up.
3 The modifications, subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919, shall be incorporated in the order are as follows :—
(i) The arbitrator shah not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the order having been made is published in accordance with the provisions of this Schedule if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining compensation or increased compensation;
(ii) No person shall be required to sell a part only of any house, building or manufactory, or of any land which forms part of a park or garden Belonging to a house, if he is willing and able to sell the whole of the house, building, manufactory, park or garden unless the arbitrator determines that in the case of a house, building or manufactory such part as is proposed to be taken can be taken without material detriment to the house, building or manufactory, or, in the case of a park or garden, that such part as aforesaid can be taken without seriously affecting the amenity or convenience of the house, and, if he so determines, he shall award compensation in respect of any loss due to the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell to the responsible authority that part of the house, building, manufactory, park or garden;
(iii) Where the land to which the order relates is land forming the site of a highway which has been stopped up under a provision contained in a scheme, any compensation payable shall be assessed on the basis that the land could not lawfully be used in any manner which, if the highway had not been stopped up, would have interfered with the right of the public to use that highway; and
(iv) Where any land to which an order relates is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for damage to be sustained by reason of severance or injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners, to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice.
4 Before submitting the order to the Minister the responsible authority shall—
(a) publish in a local newspaper a notice in the prescribed form stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and
(b) serve on every owner, lessee and occupier (except tenants for a month or a less period than a month) of any land to which the order relates, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within and the manner in which objections thereto may be made.
5 If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall, before confirming the order, cause a local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order either with or without modification :
Provided that—
(i) the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed;
(ii) the order as confirmed by the Minister shall not, unless all persons interested consent, authorise the responsible authority to purchase compulsorily any land which the order would not have authorised them so to purchase if it had been confirmed without modification.
6 For the purposes of this Schedule a notice may be served—
(i) by registered post or by delivery to or at the residence of the person to whom it is addressed; or
(ii) if the responsible authority are unable after reasonable enquiry to ascertain the name and address of the person upon whom' it should be served, by addressing it to him—
(a) by name, if his name is known; or
(b) if his name is not known, by the description of " owner" or " occupier " of the premises (naming them) to which it relates,
and by delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.
PART II Restrictions on Acquisition of Land.
1 The Minister shall not confirm an order for the compulsory purchase of any land which is the site of an ancient monument or other object of. archaeological interest, unless he is satisfied that the monument or object is not being properly protected, preserved and maintained and that its acquisition by the responsible authority is necessary for securing its protection or preservation and maintenance.
2 The Minister shall not confirm an order for the compulsory purchase of any land which belongs to any local authority within the meaning of the Local Loans Act, 1875, or to any statutory undertakers unless the land is required for the widening of an existing highway and the authority or undertakers consent :
Provided that such consent shall not be unreasonably withheld, and any question whether or not consent is unreasonably withheld shall be decided by the Minister, but the Minister, before giving his decision as to whether or not the consent of any undertakers is unreasonably withheld, shall, where any Government department other than the Ministry of Health are concerned with the functions of the undertakers, consult with the Secretary of State or other Minister in charge of that department, and shall, if the undertakers so desire, afford them an opportunity of appearing before and being heard by one or more persons appointed for the purpose by the Minister and the Secretary of State or other Minister acting jointly.
3 The Minister shall not confirm an order for the compulsory purchase of any land forming the site of a highway which has been stopped up under a provision contained in a scheme if any person who, under section one hundred and twenty-eight of the Lands Clauses Consolidation Act, 1845, is, or would upon a disposition thereof be, entitled to a right of pre-emption in respect of the land, has given notice of his desire to purchase the land, or if a right of pre-emption under the said section has been exercised in respect of the land.
4 (i) Where a scheme or an order made in connection with a scheme authorises the acquisition or appropriation of any land forming part of any common, open space, or allotment, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except—
(a) where the scheme provides for giving in exchange for such land other land, not being less in area, certified by the Minister, after consultation with the Minister of Agriculture and Fisheries, to be equally advantageous to the persons, if any, entitled to rights of common or other rights and to the public; or
(b) where such land is required for the widening of an existing highway and the Minister, after consultation with the Minister of Agriculture and Fisheries, declares that the giving in exchange of other land is unnecessary either in the interests of the persons, if any, entitled to rights of common or other rights, or of the public.
(ii) Before giving any such certificate, or making any such declaration, the Minister shall give public notice of the proposed exchange, or of his intention to make the declaration, and shall afford opportunity to all persons interested to make representations and objections in relation thereto, and shall, if necessary, cause a local inquiry to be held on the subject.
(iii) Where any scheme authorises such an exchange as aforesaid, it shall provide for vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts, and incidents as attached to the common, open space or allotment, and for discharging the part of the common, open space or allotment acquired or appropriated from all rights, trusts, and incidents to which it was previously subject.
(iv) For the purposes of this Part of this Schedule the expression " common " includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town or village green; the expression " open space" means any land laid out as a public garden, or used for the purposes of public recreation, and any disused burial ground; and the expression " allotment " means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act; and for the purposes of paragraph 2 of this Part of this Schedule the expression " highway " shall not include a bridge by which a highway is carried over or under any railway, canal or navigable waterway, or the approaches to any such bridge, or the road carried by any such bridge and approaches.
Section 37.
PART I Matters in Relation to which Regulations shall be made and effect to be secured thereby.
Paragraph 1 As to resolutions to prepare or adopt a scheme :—
(i) that the area of the proposed scheme is defined by reference to a map showing by means of boundary lines the area of the land to which the resolution applies and indicating the land in the area which is already built upon;
(ii) that notice by advertisement is given of the passing of the resolution and of facilities for inspection of the map, and for making suggestions for the inclusion or exclusion of land in or from the area of the proposed scheme;
(iii) that suggestions made within the time specified in the notice are taken into consideration by the local authority or joint committee, and if not accepted by them or withdrawn are taken into consideration by the Minister.
Paragraph 2 As to preliminary statements of proposals for development in cases where such a statement is submitted :—
(i) that a draft statement is formulated to include such particulars of the proposed development as may be prescribed and is illustrated by a map which shall indicate, so far as is practicable, the proposals for development;
(ii) that notice by advertisement is given of facilities for inspection of the draft and map and for making objections to the draft;
(iii) that objections made within the time specified in the notice are taken into consideration by the local authority or joint committee and, if not met or withdrawn, are taken into consideration by the Minister;
(iv) that the statement is not submitted to the Minister before the expiration of three months from the date when the service of notices of the taking effect of the resolution to prepare the scheme has been completed, and that the time within which the statement may be submitted is limited to a period not exceeding eighteen months from the date when the resolution took effect, with power for the Minister to extend that period where he is satisfied that there are special circumstances warranting an extension of the period;
(v) that the Minister may hold a local inquiry as to objections;
(vi) that notice by advertisement is given of the approval by the Minister of the statement.
Paragraph 3 As to the preparation or adoption of schemes :—
(i) that a draft scheme is formulated and is illustrated by a map showing so far as practicable particulars and details of the scheme and in particular proposed new roads or widening of existing roads;
(ii) that notice by advertisement is given of facilities for inspection of the draft and map and for making representations and objections as to the draft;
(iii) that representations and objections made within the period specified in the notice are taken into consideration by the local authority or joint committee.
Paragraph 4 As to the submission of schemes to the Minister and consideration and approval thereof by him :—
(i) that the time within which the scheme is to be submitted is limited to a period not exceeding, where a preliminary statement has been approved by the Minister, eighteen months from the date of approval and not exceeding, in any other case, three years from the date when the resolution to prepare or adopt a scheme took effect, with power for the Minister to extend these periods, respectively, where he is satisfied that there are special circumstances warranting an extension of period;
(ii) that notice by advertisement is given of the submission of the scheme and of facilities for inspection of the scheme and map and for making objections to the scheme;
(iii) that objections to the scheme made within the time specified in the notice are taken into consideration by the Minister;
(iv) that a local inquiry as to the scheme is held by the Minister where any objections taken into consideration by him are not met or withdrawn;
(v) that if the Minister proposes to modify the scheme a copy of the scheme as proposed to be modified is furnished to the local authority or joint committee and notice by advertisement is given by the local authority or joint committee of the intention of the Minister to approve the scheme with modifications and of facilities for inspection of the scheme and map and for making objections to the scheme as intended to be approved;
(vi) that objections to any proposed modifications of the scheme made within the time specified in the notice are taken into consideration by the Minister.
Paragraph 5 As to procedure generally in relation to the matters aforesaid :—
(i) that co-operation with persons interested in land proposed to be included in a scheme or order is secured;
(ii) that full information as to any proposal to prepare or adopt a scheme or order is given to the council of the county in which any land proposed to be included in the scheme or order is situate and to any other council concerned;
(iii) that where a resolution to prepare a scheme has taken effect the council of the county in which any land to which the resolution applies is situate are consulted with respect to the preparation of the scheme, unless the scheme is to be prepared by a joint committee of whom the county council are a constituent authority;
(iv) that where under the foregoing provisions of this Schedule provision is required to be made by regulation for notice of facilities for inspection of any document, provision is made for access to be had thereto at all reasonable hours and without payment of a fee, and for the inclusion in the notice of particulars of the time and place at which such access may be had;
(v) that where provision is required to be made as aforesaid for notice by advertisement of any document, the advertisement is published at least once during each of two successive weeks with an interval between each publication of at least six clear days in a newspaper circulating in the area to which the document relates;
(vi) that where provision is required to be made as aforesaid for notice by advertisement of facilities for making suggestions, representations, or objections as to any matter, the time for the making thereof is not limited, in the case of suggestions as to the inclusion or exclusion of land in or from a scheme, to less than fourteen days from the date of the second publication of the advertisement or, in any other case, to less than twenty-one days from that date.
PART II
As to the preparation, adoption, submission, and approval of schemes varying or revoking a previous scheme, of supplementary schemes, and supplementary orders, and of general development orders—
The provisions of paragraph 3, of sub-paragraphs (ii), (iii), (iv), (v), and (vi) of paragraph 4, and of paragraph 5 of Part I. of this Schedule shall apply in relation to the matters stated in the heading of this paragraph, provided that the regulations may reserve power to the Minister to dispense with or modify all or any of the provisions aforesaid subject to such conditions, if any, as he may impose, in any case in which, having regard to the nature of the matters dealt with in the scheme or order, he is satisfied that there is reasonable cause for the dispensation or modification, and that no person will be prejudiced thereby.
Section 54.
Session and Chapter. | Short Title. | Extent of Repeal.
15 & 16 Geo. 5. c. 16. | The Town Planning Act, 1925. | The whole Act.
17 & 18 Geo. 5. c. 23. | The Crown Lands Act, 1927. | Section twelve.
19 & 20 Geo. 5. c. 17. | The Local Government Act, 1929. | Sections forty to forty-five.
SIXTH SCHEDULE Adaptations and Modifications of this Act in its Application to Scotland.
Section 57.
1 In the title, after the word " land, " wherever it occurs, the words " in Scotland " shall be inserted.
2 Throughout this Act for the expressions set out in the first column of the following table there shall be substituted the expressions set out in the second column of that table :—
" Minister " | " Department. "
" Minister of Agriculture and Fisheries. " | " Department of Agriculture for Scotland. "
" Town Planning Act, 1925 " | " Town Planning (Scotland) Act, 1925. "
" Housing Act, 1925 " | " Housing (Scotland) Act, 1925. "
" Allotments Act, 1922 " | " Allotments (Scotland) Act, 1922. "
" Public Health Act, 1875 " | " Public Health (Scotland) Act, 1897. "
" Public Health Acts, 1875 to 1926 "
" Local Loans Act, 1875 " | " Local Authorities' Loans (Scotland) Acts, 1891 and 1893. "
" Local Government Act, 1929 " | " Local Government (Scotland) Act, 1929. "
" High Court " | " Court of Session. "
" Court of Appeal "
" A court of summary jurisdiction '' | " The sheriff. "
" The court of summary jurisdiction "
" London Gazette " | " Edinburgh Gazette."
" Arbitrator " | " Arbiter. "
" Defendant " | " Defender. "
3 There shall be omitted the words " or county councils " in subsection (1) of section three, and in subsection (1) of section four; the words " or county council " in subsection (1) of section fourteen; the words " or a county council" in subsection (2) of section eleven, in subsection (2) of section twenty-three, in subsection (2) of section thirty-four, and in subsection (1) of section forty-eight; the words " a county council " where they first occur in subsection (2) of section thirty-four; and the word " council " in subsection (1) of section twenty-two.
4 The sections and schedules specified in the first column of the following table shall be adapted and modified in manner specified in the second column of that table :—
Section. | Adaptations and Modifications.
S. 2 | For the section the following section shall be substituted :— 2 (1) Subject to the provisions of this section the local authority for the purposes of this Act shall be, in the case of a large burgh, the town council thereof, and in the case of a county (including any small burghs therein) the county council, or, if the county is in combination with another county for the purposes mentioned in subsection (7) of section ten of the Local Government (Scotland) Act, 1929, the joint county council of the combined county; and the district of the local authority shall be the burgh or the county or the combined county, as the case may be. (2) Where upon consideration of a representation by the town council of a small burgh the Department, after consultation with the county council, are of opinion that it is expedient that the town council should have power to prepare a scheme with respect to any land within the burgh the Department may, by order, transfer to the town council any of the powers and duties of the county council under this Act with respect to such land, and, where any power or duty has been so transferred, any reference in this Act to a local authority (other than in section forty-nine) shall, in relation to that power or duty, be construed as a reference to the town council. (3) The Department may at any time revoke, vary, or amend any order made by them under this section. (4) Any order made under this section may contain such incidental supplementary and consequential provisions as appear necessary for the purpose of the order.
S. 3 | Subsection (7) shall be omitted.
S. 5 | In subsection (1) there shall be omitted, paragraph (a), the words " or (b), " the words " in the case of a local authority " and the words " council or " wherever they occur; in subsection (2) the words " county council or " shall be omitted and for the words " subsections (2) to (7) " there shall be substituted the words " subsections (2) to (6). "
S. 7 | In subsection (1) for the words from " serve in the prescribed manner" to the end of the subsection there shall be substituted the words " serve in the " prescribed manner a like notice on the owner " (according to the valuation roll) of every land " and heritage to which the resolution applies.
" In this subsection the expression ' the valuation " roll' means the valuation roll for the year " current at the time when the notice is given, or, " if the notice is given after the fifteenth day of " May and before the first day of October in " any year, the valuation roll for the preceding " year"; in subsection (2) for paragraph (c) there shall be substituted the following paragraph:— (c) in the case of a notice to be served on an owner, a direction that the recipient of the notice will, if he is not at the time the owner of the property, transmit it to the owner ; and subsection (3) shall be omitted.
S. 11 | At the end of subsection (2) there shall be added the words " or (c) in the case of a scheme which " applies to land within a small burgh, specify " the town council of the burgh as the responsible " authority for all or certain purposes of the " scheme as respects such land or part thereof. "
S. 12 | In paragraph (d) of subsection (1) for the word " tenements " there shall be substituted the word " tenancies. "
S. 13 | In subsection (4) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words " by giving notice of appeal, " and the words " for the petty sessional division or place within which the property " to which the notice relates is situated " shall be omitted; and in subsection (5) for the words " court by whom an order is made under this " subsection may, if they think fit, direct that the " order" there shall be substituted the words " sheriff may, if he thinks fit, direct that an order " made by him under this subsection."
At the end of subsection (5) there shall be added the words " The sheriff shall make such order in regard " to the expenses of an appeal under subsection (4) " of this section as he may think proper."
S. 17 | In subsection (1) for the words " the council of any " county borough or county district " there shall be substituted the words " the local authority of any " district," the words "or, as respects a building in " such a county district, the council of the county " comprising that district " shall be omitted, and for the words " of that council " there shall be substituted the words " of the local authority " ; and in subsections (3) and (5) for the word " council " wherever it occurs there shall be substituted the words " local authority. "
S. 18 | For the word " council " there shall be substituted the words " local authority. "
S. 21 | In subsection (5) for the words " real or personal " there shall be substituted the words " heritable or " moveable "; in the proviso to subsection (8) for the words " where a disposition is by way of lease " or tenancy agreement " there shall be substituted the words " a claim made on the granting " of a lease or tack which is " and the words "the claim" shall be omitted; and for subsection (11) there shall be substituted the following subsection:— " (11) In this section the " expression ' disposition ' means a disposition by " way of feu or sale (including a sale in consideration of a ground annual or other similar " periodical payment) or the grant of a lease or " tack for a period of not less than three years, " and references to the person who gives a notice " under subsection (1) of this section shall, where " the property to which the notice relates has, " since the notice was given, been the subject of " transmission otherwise than by disposition, be " construed as references to the person to whom " the property was last so transmitted before the " date on which a disposition takes effect or a " change of use takes place."
S. 25 | In subsection (1) for the words " for the purposes of those Acts " there shall be substituted the words " having power to acquire land for the purposes of " that Act" and for the words " repairable by the inhabitants at large" there shall be substituted the words " maintainable at the public expense. "
S. 26 | For the words " the common council of the city of " London or the council of any county, county " borough or county district," there shall be substituted the words " the town council of any burgh or any county council. "
S. 27 | In subsection (1) for the words " declaring the street " to be a highway repairable by the inhabitants at " large " there shall be substituted the words " taking over the road or street as a highway " maintainable at the public expense"; and in subsection (2) the words " and providing proper means of lighting therefor " shall be omitted.
S. 29 | The section shall be omitted.
S. 30 | For the section there shall be substituted the following section:— 30 It shall be lawful for the town council of any burgh or any county council to contribute towards the expenses incurred by any authority in or in connection with matters preliminary to the preparation of a scheme or in or in connection with the preparation or carrying into execution of a scheme whether made under this Act or any Act repealed by this Act.
S. 32 | For the words from " in such manner " to the end of the section there shall be substituted the words " either in the repayment of debt or for any other " purpose for which capital money may be properly " applied."
S. 34 | In subsection (1) for the words from " and shall have power " to the end of the subsection there shall be substituted the words and if the agreement shall " have been recorded in the appropriate register " of sasines, it shall be enforceable at the instance " of the authority against persons deriving title " to the land from the person with whom it was " entered into : Provided that no such agreement shall at any " time be enforceable against a third party who " shall have in bona fide onerously acquired right " (whether completed by infeftment or not) to " the land prior to the agreement being recorded " as aforesaid or against any person deriving title " from such third party.
S. 35 | In subsection (7) for the words " includes a county council " there shall be substituted the words " means the town council of any burgh or any " county council. "
S. 36 | In subsection (2) the words from " or in the case of ' to the end of the subsection shall be omitted, and in subsection (4) for the words from " the Minister may by order " to the end of the subsection there shall be substituted the words " the " Department may, if they think fit, themselves " act in the place and at the expense of the authority or may, with the approval of the Lord " Advocate, apply by summary petition to either " division of the Court of Session or during vacation " or recess to the Lord Ordinary on the Bills for " an order on the authority to do all things neces-" sary for remedying their default and for carrying " into execution the scheme: and such division " or Lord Ordinary are hereby authorised and " directed to do in such petition and to dispose " of the expenses of the proceedings as to the said " division or Lord Ordinary shall appear to be " just. "
Subsection (8) shall be omitted.
S. 38 | Subsection (3) shall be omitted.
S. 39 | For the section there shall be substituted the following section:— Stated case to Court of Session. 39 Where under the provisions of a scheme an appeal is submitted to the Department, the Department may, on the application of any party to the appeal at any stage of the proceedings, and shall, if so directed by either division of the Court of Session, state a case on any question of law arising in the appeal for the opinion of either division of the Court of Session, and the procedure in the stated case shall be such as may be prescribed by Act of Sederunt: and the provisions of any scheme made before the commencement of this Act under which an appeal on any question of law shall he to the Court of Session against a decision of the Department shall cease to have effect.
S. 40 | For subsection (4) there shall be substituted the following subsection:— (4) A determination of the " Department or of an arbiter under this section " shall be final.
S. 41 | In the proviso to subsection (1) for the words from " any Government department " to the end of the subsection there shall be substituted the words " any other Government department are concerned " with the functions of the undertakers, consult " with that department and shall, if the under" takers whose consent is sought so desire, afford " them an opportunity of appearing before and " being heard by one or more persons appointed " for the purpose by the Department and the " other Government department concerned acting " jointly."
S. 47 | In subsection (2) for the words " by written notice served on the clerk of the court and the authority " there shall be substituted the words " by giving notice of appeal, " and the words " for the petty " sessional division or place comprising the land " on which the advertisement or hoarding is " displayed or set up " shall be omitted; and in subsections (3) and (4) for the word " court, " wherever it occurs, there shall be substituted the word " sheriff. "
S. 48 | In subsection (1) the words "or of relinquishing in " favour of the council of the county any of their " powers and duties under this Act" shall be omitted; and in subsection (2) the word " local " shall be substituted for the word " appointing " wherever it occurs.
S. 49 | For the section the following section shall be substituted :— 49 (1) Any expenses incurred by a local authority under this Act shall be defrayed as if they were expenses incurred by the authority under the Public Health (Scotland) Act, 1897 : Provided that, where expenses incurred by the town council of a small burgh under this Act are included in the sum for which a rate is levied by the council, the amount of the contribution payable by the town council on account of the expenditure of the county council under this Act shall be only such sum, if any, as will together with the amount of the aforesaid expenses of the town council amount to the sum which the town council would have been required to contribute if such expenses of the town council had been included in the expenditure of the county council under this Act. (2) A local authority may borrow for the purposes of this Act in accordance with the provisions of section twenty-three of the Local Government (Scotland) Act, 1929.
S. 50 | For the section the following section shall be substituted:— Expenses of town councils of small burghs and of county councils not being local authorities under this Act. 50 Any expenses incurred under this Act by the town council of a small burgh or by a county council who are not a local authority within the meaning of this Act, shall be defrayed out of such rate payable by owners and occupiers in equal shares as the council may determine and such council may borrow for any of the purposes of this Act.
S. 51 | In subsection (1) the word " relinquishment " shall be omitted, and in subsection (2) the word " relinquished " and the word " relinquishment " wherever it occurs shall be omitted.
For subsection (3) the following subsection shall be substituted:— (3) The provisions of the Second Schedule to the Rating (Scotland) Act, 1926, and of paragraph (i) of subsection (1) of section seven of the Local Government (Scotland) Act, 1929, shall apply in relation to claims for compensation under this Act as they apply in relation to claims for compensation under those Acts subject to such modifications as the Secretary of State may by order provide for the purpose of adapting those provisions to cases arising under this Act.
S. 53 | For the definition of " owner " there shall be substituted the following definition :— ' Owner ' includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking.
After the definition of " development " there shall be inserted the following definitions :— ' Department ' means the Department of Health for Scotland. ' Large burgh ' and ' small burgh ' have the respective meanings assigned to them in the Local Government (Scotland) Act, 1929.
The definitions of " district " and " road " shall be omitted.
S. 54 | Paragraph (e) of the proviso to subsection (1) shall be omitted.
S. 55 | For the section the following section shall be substituted— Department to have regard to powers of Dean of Guild Court. 55 In approving any scheme, or exercising or performing any other powers or duties under this Act, the Department shall have regard to the powers and jurisdiction of the dean of guild court in burghs
S. 56 | The section shall be omitted.
S. 58 | For the section there shall be substituted the following section:— Short title and commencement. 58 This Act may be cited as the Town and Country Planning (Scotland) Act, 1932, and, except as otherwise expressly provided, shall come into operation on the first day of April nineteen hundred and thirty-three.
Sch. I. | For sub-paragraphs (2)' (a), (b), and (d) of paragraph 2 of Part I. there shall be substituted respectively the following paragraphs :— (a) subsection (1) of section thirty-two of the Public Health (Scotland) Act, 1897; (b) section one hundred and fifty-eight of the Burgh Police (Scotland) Act, 1892, as extended by subsection (2) (h) of section one hundred and four of the Burgh Police (Scotland) Act, 1903; (d) section five of the Roads Improvement Act, 1925, as applied to Scotland by section twelve of that Act; and sub-paragraph (2) (c) shall be omitted.
In paragraph 2 of Part II., and in paragraph 2 of Part III., after the words " for the purpose, " there shall be inserted the words " by summary petition. "
Sch. II. | In paragraph 1 for the word " churchways " there shall be substituted the words " kirk roads, " in paragraph 11 for the word " easements," there shall be substituted the word " servitudes " in paragraph 16 for the words " real or personal " theref shall bej substituted the words " heritable or moveable, " and the words from " and for the exemption" to the end of the paragraph shall be omitted, and in paragraph 18 for the words " recovery thereof in a court of summary jurisdiction " there shall be substituted the words " recovery thereof by summary proceedings before the sheriff. "
Sch. III. | In paragraph 1 of Part I. for the words " sections ninety-two and one hundred and " twenty-seven to one hundred and thirty-two of " the Lands Clauses Consolidation Act, 1845" and the words " sections seventy-seven to eighty" five of the Railways Clauses Consolidation Act, " 1845 " there shall be substituted respectively the words " sections ninety and one hundred and " twenty to one hundred and twenty-five of the " Lands Clauses Consolidation (Scotland) Act, " 1845", and the words " sections seventy to " seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 " ; in paragraph 3 of the said Part I. the word " and" shall be inserted at the end of sub-paragraph (ii) and sub-paragraph (iv) (together with the word " and " preceding it) shall be omitted.
In the proviso to paragraph 2 of Part II. for the words " any Government department," to the end of the paragraph, there shall be substituted the words " any other Government department " are concerned with the functions of the under" takers, consult with that department and shall, " if the undertakers so desire, afford them an " opportunity of appearing before and being " heard by one or more persons appointed for the " purpose by the Department and the other " Government department concerned acting " jointly."
In paragraph 3 of Part II. for the words " section one hundred and twenty-eight of the " Lands Clauses Consolidation Act, 1845," there shall be substituted the words " section one hundred and twenty-one of the Lands Clauses " Consolidation (Scotland) Act, 1845."
For sub-paragraph (iv) of paragraph 4 of Part II there shall be substituted the following sub-paragraph :— (iv) For the purposes of this Part of " this Schedule the expression ' common' includes " any town or village green; and the expression " ' open space' means any land laid out as a public " garden or used for the purposes of public recreation and any disused burial ground ; and for " the purposes of paragraph 2 of this Part of this " Schedule the expression ' highway' shall not " include a bridge by which a highway is carried over " or under any railway, canal or navigable water, " or the approaches to any such bridge, or the road " carried by any such bridge and approaches.
Sch. IV. | For sub-paragraphs (ii) and (iii) of paragraph 5 there shall be substituted the following sub-paragraphs:— (ii) that full information as to any proposal to prepare or adopt a scheme or order is given to the local authority of any district and to the town council of any small burgh in which land proposed to be included in the scheme or order is situate, or which such land immediately adjoins; (iii) that where a resolution to prepare a scheme for land which is wholly or partly within a small burgh has taken effect, the town council, unless the resolution was passed by that council, are consulted with respect to the preparation of the scheme.
Sch. V. | For the Schedule there shall be substituted the following Schedule:— FIFTH SCHEDULE Enactments Repealed. Session and Chapter. | Short Title. | Extent of Repeal. 15 & 16 Geo. 6. c. 17. | The Town Planning (Scotland) Act, 1925. | The whole Act. 17 & 18 Geo. 5. c. 23. | The Crown Lands Act, 1927 | Section twelve.
5 Where any pronoun or verb is used in relation to an expression in the singular or the plural for which an expression in the plural or the singular, as the case may be, is directed by the foregoing provisions of this Schedule to be substituted, the plural of the pronoun or verb shall be substituted for the singular or the singular for the plural, as the case may be.
6 Where any section, or any subsection or paragraph of a section or Schedule, is by this Schedule or by section fifty-seven of this Act directed to be omitted, any subsequent sections or any subsequent subsections or paragraphs in the section or Schedule shall be renumbered to run consecutively, and references in this Act to any section, subsection or paragraph so renumbered shall be amended accordingly."