Change 1 Article Choose an article Title and introductory text 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Survey of planning districts. 4A Structure plans. 5 Preparation of structure plans. 6 Publicity in connection with preparation of structure plans. 6A Consultation with other planning authorities. 7 Approval or rejection of structure plan by Secretary of State. 8 Alteration of structure plans. 9 Preparation of local plans. 10 Publicity in connection with preparation of local plans. 11 Inquiries, etc. with respect to local plans. 12 Adoption and approval of local plans. 13 Alteration of local plans. 14 Disregarding of representations with respect to development authorised by or under other enactments. 15 Default powers of Secretary of State. 16 Supplementary provisions as to structure and local plans. 17 Meaning of “development plan”. 18 Commencement of Part II and interim provisions. 18A Status of development plans. 19 Meaning of “development” and “new development”. 20 Development requiring planning permission. 21 Development orders. 21A Simplified planning zones. 21B Simplified planning zone schemes: conditions and limitations on planning permission. 21C Duration of simplified planning zone scheme. 21D Alteration of simplified planning scheme. 21E Exclusion of certain descriptions of land or development. 22 Form and content of applications. 23 Publication of notices of applications. 24 Notice etc. of applications to owners and agricultural tenants. 25 Publicity for applications affecting conservation areas. 26 Determination of applications. 26A Power of planning authority to decline to determine applications. 26B Assessment of environmental effects. 27 Conditional grant of planning permission. 27A Aftercare conditions on permission for winning and working of minerals. 28 Directions, etc. as to method of dealing with applications. 28A Permission to develop land without compliance with conditions previously attached. 29 Planning permission for development already carried out. 30 Provisions as to effect of planning permission. 30A Date of planning permission. 31 Information regarding, and registers of, applications and decisions. 31A Power of planning authorities to vary planning permission. 32 Reference of applications to Secretary of State. 33 Appeals against planning decisions. 34 Appeal in default of planning decision. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Development by local authorities and statutory undertakers with sanction of government department. 38 Limit of duration of planning permission. 39 Outline planning permission. 40 Provisions supplementary to ss. 38 and 39. 41 Termination of planning permission by reference to time limit. 41A Limit of duration of planning permission for winning and working of minerals. 42 Power to revoke or modify planning permission. 43 Unopposed revocation or modification. 44 Constitution of Planning Inquiry Commission. 45 References to a Planning Inquiry Commission. 46 Procedure on reference to a Planning Inquiry Commission. 47 Commissions to inquire into planning matters affecting Scotland and England. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Orders requiring discontinuance of use or alteration or removal of buildings or works. 49A Prohibition of resumption of winning and working of minerals. 49B Orders after suspension of winning and working of minerals. 49C Confirmation and coming into operation of suspension orders. 49D Registration of suspension orders. 49E Reviews of suspension orders. 49F Resumption of winning and working of minerals after suspension order. 49G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49H Old mining permissions. 50 Agreements regulating development or use of land. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Lists of buildings of special architectural or historic interest. 53 Control of works for demolition, alteration or extension of listed buildings 54 Provisions supplementary to s. 53. 54A Limit on duration of listed building consent. 54B [Date of listed building consent. 54C Intimation of notices etc. affecting listed buildings. 54D Application for variation or discharge of conditions. 55 Acts causing or likely to result in damage to listed buildings. 56 Building preservation notice in respect of building not listed. 56AA Power to restrict exemption of certain ecclesiastical buildings. 56A [Hazardous substances. 56B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56C Requirement of hazardous substances consent. 56D Applications for hazardous substances consent. 56DA Fees. 56E Determination of applications for hazardous substances consent. 56F References to regional planning authority and Secretary of State and appeals. 56G Deemed hazardous substances consent by virtue of authorisation of government department. 56H Grants of hazardous substances consent without compliance with conditions previously attached. 56J Power to revoke or modify hazardous substance consent. 56K Provisions as to effect of hazardous substances consent and change of control of land. 56L Offences. 56M Emergencies. 56N Registers, etc. 56O Health and safety requirements. 57 Planning permission to include appropriate provision for preservation and planting of trees. 58 Tree preservation orders. 59 Provisional tree preservation orders. 59A Trees in conservation areas. 60 Replacement of trees. 61 Control of advertisements. 62 Application for planning permission not needed for advertisements complying with regulations. 63 Proper maintenance of waste land. 63A Appeals against waste land notices. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83A Expressions used in connection with enforcement. 83B Time limits. 83C Power to require information about activities on land. 83D Penalties for non-compliance with planning contravention notice. 84 Issue of enforcement notice. 84AA Contents and effect of notice. 84AB Variation and withdrawal of enforcement notices. 84A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Appeal against enforcement notice. 86 Offence where enforcement notice not complied with. 87 Stop Notices. 87AA Enforcement of conditions. 87A Register of waste land, enforcement and stop notices. 88 Execution and cost of works required by enforcement notice. 89 Enforcement notice to have effect against subsequent development. 89A Effect of planning permission, etc., on enforcement or breach of condition notice. 90 Certificate of lawfulness of existing use or development. 90A Certificate of lawfulness of proposed use or development. 90B Certificates under sections 90 and 90A: supplementary provisions. 90C Offences. 91 Grant of certificate by Secretary of State on referred application or appeal against refusal. 91A Right to enter without warrant. 91B Right to enter under warrant. 91C Rights of entry: supplementary provisions. 92 Power to serve listed building enforcement notice. 93 Appeal against listed building enforcement notice. 94 Offence where listed building enforcement notice not complied with. 95 Execution and cost of works required by listed building enforcement notice. 95A Effect of listed building consent on listed building enforcement 96 Enforcement by, or by direction of, the Secretary of State. 97 Urgent works to preserve building. 97A Recovery of expenses of works under s. 97. 97AB Further provision as to rights of entry in relation to listed buildings. 97AC Rights of entry in relation to listed buildings: supplementary provisions. 97B Power to issue hazardous substances contravention notice. 97BA Variation of hazardous substances contravention notices. 97BB Further provision as to rights of entry in relation to hazardous substances control. 97BC Rights of entry in relation to hazardous substances control: supplementary provisions. 98 Penalties for non-compliance with tree preservation order. 99 Enforcement of duties as to replacement of trees. 99A Rights to enter without warrant. 99B Right to enter under warrant. 99C Rights of entry: supplementary provisions. 100 Enforcement of orders under sections 49, 49A and 49B. 101 Enforcement of control as to advertisements. 101A Power to remove or obliterate placards and posters. 102 Compulsory acquisition of land in connection with development and for other planning purposes. 103 Compulsory acquisition of land by Secretary of State for the Environment. 104 Compulsory acquisition of listed building in need of repair. 105 Repairs notice as preliminary to compulsory acquisition under s. 104. 106 Compensation on compulsory acquisition of listed building. 107 Minimum compensation in case of listed building deliberately left derelict. 108 Extinguishment of rights over land compulsorily acquired. 109 Acquisition of land by agreement. 110 Acquisition of land for purposes of exchange. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Disposal of land held for planning purposes. 114 Development of land held for planning purposes. 115 Special provisions as to features and buildings of architectural and historic interest. 116 Management etc. of listed buildings acquired by. . . planning authority or Secretary of State. 117 Power to override servitudes and other rights. 118 Provisions as to churches and burial grounds. 119 Use and development of land for open spaces. 120 Displacement of persons from land acquired or appropriated. 121 Modification of incorporated enactments for purposes of Part VI. 122 Interpretation of Part VI. 123 . . .. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Determination of claims. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 . 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Compensation where planning permission revoked or modified. 153A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Application of s. 153 to special cases of refusal or conditional grant of planning permission. 155 Recording and apportionment of compensation for depreciation. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156A Recovery of compensation on subsequent development. 156B Amount recoverable, and provisions for payment or remission thereof. 157 Recovery, on subsequent development, of compensation under s. 153. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Compensation in respect of orders under s. 49. 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Compensation where listed building consent revoked or modified. 162 Compensation for loss or damage caused by service of building preservation notice. 163 Compensation in respect of tree preservation orders. 164 Compensation in respect of requirement as to replanting of trees. 165 Compensation for restrictions on advertising. 166 Compensation for loss due to stop notice. 167 General provisions as to compensation for depreciation under Part VIII. 167A Regulations as to compensation in respect of orders relating to mineral working. 167B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Determination of claims for compensation. 169 Purchase notice on refusal or conditional grant of planning permission. 170 Action by. . . planning authority on whom purchase notice is served. 171 Procedure on reference of purchase notice to Secretary of State. 172 Action by Secretary of State in relation to purchase notice. 173 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission. 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Effect of Secretary of State’s action in relation to purchase notice. 176 Special provisions as to compensation where purchase notice served. 177 Purchase notice in respect of order revoking or modifying planning permission. 178 Purchase notice in respect of order requiring discontinuance of use or alteration or removal of buildings or works. 179 Purchase notice on refusal or conditional grant of listed building consent. 180 Purchase notices in other cases. 180A Public telecommunications operators. 181 Scope of these provisions. 182 Power to serve blight notice. 183 Objection to blight notice. 184 Reference of objection to Lands Tribunal. 185 Effect of valid blight notice. 186 Compensation for compulsory purchase of historic buildings and of land in clearance areas. 187 Withdrawal of blight notice. 188 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire. 189 Death of claimant after service of blight notice. 190 Power of heritable creditor to serve blight notice. 191 Saving for claimant’s right to sell whole hereditament, etc. 192 Meaning of “owner-occupier” and “resident owner-occupier”. 193 Special provisions as to partnerships. 194 “Appropriate authority” for purposes of these provisions. 195 “Appropriate enactment” for purposes of these provisions. 196 General interpretation of these provisions. 197 No withdrawal of constructive notice to treat. 198 Highways affected by development: orders by Secretary of State. 198A Highways affected by development: orders by planning authorities. 199 Footpaths and bridleways affected by development: orders by local planning authorities. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 Order extinguishing right to use vehicles on highway. 202 Provision of amenity for highway reserved to pedestrians. 203 Extinguishment of public rights of way over land held for planning purposes. 204 Procedure for making of orders by Secretary of State. 205 Procedure in anticipation of planning permission, etc. 205A Further procedure in anticipation of planning permission etc. 206 Confirmation of orders made by other authorities. 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 Concurrent proceedings in connection with highways. 209 210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210A Recovery of costs of making orders relating to roads, paths etc. 211 Meaning of “operational land”. 212 Cases in which land is to be treated as not being operational land. 213 Meaning of “the appropriate Minister”. 214 Applications for planning permission by statutory undertakers. 215 Development requiring sanction of government department. 216 Revocation or modification of permission to develop operational land. 217 Order requiring discontinuance of use etc. of operational land. 218 Acquisition of land of statutory undertakers. 219 Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers. 220 Orders under s. 219. 221 Notice for same purposes as s. 219 but given by statutory undertakers to developing authority. 222 Extension or modification of functions of statutory undertakers. 223 Procedure in relation to orders under s. 222. 224 Relief of statutory undertakers from obligations rendered impracticable. 225 Objections to orders under ss. 222 and 224. 226 Right to compensation in respect of certain decisions and orders. 227 Measure of compensation to statutory undertakers. 228 Exclusion of s. 227 at option of statutory undertakers. 229 Procedure for assessing compensation where s. 227 applies. 229A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 Special provisions as to display of advertisements on operational land. 231 Validity of development plans and certain orders, decisions and directions. 232 Proceedings for questioning validity of structure plans, etc. 233 Proceedings for questioning validity of other orders, decisions and directions. 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 Special provisions as to decisions relating to statutory undertakers. 236 Special provisions as to orders subject to special parliamentary procedure. 237 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 Grants for research and education. 241 Contributions by Ministers towards compensation paid by local authorities. 242 Contributions by local authorities and statutory undertakers. 243 Assistance for acquisition of property where objection made to blight notice in certain cases. 244 Recovery from acquiring authorities of sums paid by way of compensation. 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Sums recoverable from acquiring authorities reckonable for purposes of grant. 247 Expenses of government departments. 248 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 General provision as to receipts of Secretary of State. 250 Expenses of, and borrowing by, local authorities. 251 Power to modify Act in relation to minerals. 251A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Exercise of powers in relation to Crown land. 254 Agreements relating to Crown land. 255 Supplementary provisions as to Crown interest. 256 Application to. . . planning authorities of provisions as to planning control and enforcement. 257 Application to. . . planning authorities of provisions as to listed buildings. 257A Application to planning authorities of provisions as to hazardous substances control. 258 Special provisions as to statutory undertakers who are. . . planning authorities. 259 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Default powers of Secretary of State. 260A Interdicts restraining breaches of planning control. 261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Designation of conservation areas. 262A [Control of demolition in conservation areas. 262B [Formulation and publication of proposals for preservation and enhancement of conservation areas. 262C National Scenic Areas. 263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Rights of entry. 266 Supplementary provisions as to rights of entry. 267 Local inquiries. 267A Orders as to expenses of parties where no local inquiry held. 267B Procedure on certain appeals and applications. 268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. 269 Service of notices. 270 Power to require information as to interests in land. 271 Offences by corporations. 272 Combined applications. 273 Regulations and orders. 274 Act not excluded by special enactments. 275 Interpretation. 276 Consequential amendments. 277 Transitional provisions, savings and repeals. 278 General vesting declarations. 279 Commencement of certain provisions. 280 Commencement. 281 Citations and extent. SCHEDULES 1 AND 2 SCHEDULES 3 AND 4 SCHEDULE 5 Development Plans: Transition from Schedule 3 to Part II of this Act SCHEDULE 6 Development not Constituting New Development SCHEDULE 6A Simplified Planning Zone Schemes SCHEDULE 7 Determination of Certain Appeals by Person Appointed by Secretary of State SCHEDULE 8 Construction of References in Sections 45 and 46 to “The Responsible Minister or Ministers” SCHEDULE 9 Joint Planning Inquiry Commissions SCHEDULE 10 Control of Works for Demolition, Alteration or Extension of Listed Buildings Schedule 10a Registration of old mining permissions SCHEDULE 11 [SCHEDULE 12 Provisions as to Established use Certificates] SCHEDULE 13 Adjustment of Claim Holdings SCHEDULE 14 SCHEDULE 15 SCHEDULE 16 Condition Treated as Applicable to Rebuilding and Alterations SCHEDULE 17 Proceedings on Listed Building Purchase Notice SCHEDULE 18 Procedure in connection with Orders relating to Footpaths and Bridleways SCHEDULE 19 Provisions of this Act referred to in Sections 250, 251, 256, 257 and 259 and Paragraphs 70 and 71 of Schedule 22 SCHEDULE 20 Enactments Exempted from Section 273(6) of this Act SCHEDULE 21 Consequential Amendments SCHEDULE 22 Transitional Provisions and Savings SCHEDULE 23 Repeals SCHEDULE 24 General Vesting Declarations
What to do with it
As published
117 Power to override servitudes and other rights.
(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a. . . planning authority for planning purposes, whether done by the. . . planning authority or by a person deriving title from them, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this section applies, or involves a breach of a restriction as to the use of land arising by virtue of any deed or contract:
Provided that nothing in this subsection shall authorise interference with any right of way or right of laying down, erecting continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.
(2) This section applies to the following interests and rights, that is to say, any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(3) In respect of any interference or breach in pursuance of subsection (1) of this section, compensation shall be payable under section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 or under section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase under those Acts or the injury arises from the execution of works on land acquired under those Acts.
(4) Where a person deriving title from the. . . planning authority by whom the land in question was acquired or appropriated is liable to pay compensation by virtue of subsection (3) of this section, and fails to discharge that liability, the liability shall be enforceable against the. . . planning authority:
Provided that nothing in this subsection shall be construed as affecting any agreement between the. . . planning authority and any other person for indemnifying the. . . planning authority against any liability under this subsection.
(5) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (1) of this section.
Your wording
Your change, as a redline
117 Power to override servitudes and other rights.
(1) The erection, construction or carrying out, or maintenance, of any building or work on land which has been acquired or appropriated by a. . . planning authority for planning purposes, whether done by the. . . planning authority or by a person deriving title from them, is authorised by virtue of this section if it is done in accordance with planning permission, notwithstanding that it involves interference with an interest or right to which this section applies, or involves a breach of a restriction as to the use of land arising by virtue of any deed or contract:
Provided that nothing in this subsection shall authorise interference with any right of way or right of laying down, erecting continuing or maintaining apparatus on, under or over land, being a right vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking or a right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system.
(2) This section applies to the following interests and rights, that is to say, any servitude, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support.
(3) In respect of any interference or breach in pursuance of subsection (1) of this section, compensation shall be payable under section 61 of the Lands Clauses Consolidation (Scotland) Act 1845 or under section 6 of the Railways Clauses Consolidation (Scotland) Act 1845 to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections in respect of injurious affection where the compensation is to be estimated in connection with a purchase under those Acts or the injury arises from the execution of works on land acquired under those Acts.
(4) Where a person deriving title from the. . . planning authority by whom the land in question was acquired or appropriated is liable to pay compensation by virtue of subsection (3) of this section, and fails to discharge that liability, the liability shall be enforceable against the. . . planning authority:
Provided that nothing in this subsection shall be construed as affecting any agreement between the. . . planning authority and any other person for indemnifying the. . . planning authority against any liability under this subsection.
(5) Nothing in this section shall be construed as authorising any act or omission on the part of any person which is actionable at the instance of any person on any ground other than such an interference or breach as is mentioned in subsection (1) of this section.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.