87A Register of waste land, enforcement and stop notices.
(1) Every . . . planning authority shall, with respect to notices under section 63 of this Act, enforcement notices , breach of condition notices and stop notices which have been served in relation to land in their district, keep a register—
(a) in such manner; and
(b) containing such information,
as may be prescribed; and there may also be prescribed circumstances in which an entry in the register shall be deleted.
(2) Every register kept under this section shall be available for inspection by the public at all reasonable hours.
88 Execution and cost of works required by enforcement notice.
(1) If, within the period specified in an enforcement notice for compliance therewith, or within such extended period as the. . . planning authority may allow, any steps required by the notice to be taken . . .have not been taken, the. . . planning authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so; and if that person, having been entitled to appeal to the Secretary of State failed to make such an appeal, he shall not be entitled in proceedings under this subsection to dispute the validity of the action taken in accordance with the notice by the. . . planning authority.
(1A) In computing the amount of the expenses which may be recovered by them under subsection (1) above, a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.
(2) Any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with an enforcement notice served in respect of any breach of planning control . . .and any sums paid by the owner or lessee of any land under subsection (1) of this section in respect of expenses incurred by the. . . planning authority in taking steps required by such a notice to be taken, shall be recoverable from the person by whom the breach of planning control was committed.
(3) If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is proventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.
(4) A planning authority taking steps under subsection (1) above may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.
(5) Where a planning authority seek, under subsection (1) above, to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—
(a) he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person; and
(b) he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid; but a planning authority who by reason of the foregoing provisions of this subsection have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.
(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
89 Enforcement notice to have effect against subsequent development.
(1) Compliance with an enforcement notice, whether in respect of—
(a) the removal or alteration of any building or works; or
(b) the discontinuance of any use of land,
or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.
(2) Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.
(3) Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were removedor altered.
(4) a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
89A Effect of planning permission, etc., on enforcement or breach of condition notice.
(1) Where, after the service of—
(a) a copy of an enforcement notice; or
(b) a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.
(2) Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.
(3) The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.
90 Certificate of lawfulness of existing use or development.
(1) If any person wishes to ascertain whether—
(a) any existing use of buildings or other land is lawful;
(b) any operations which have been carried out in, on, over or under land are lawful; or
(c) any other matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful,
he may make an application for the purpose to the planning authority specifying the land and describing the use, operations or other matter.
(2) For the purposes of this Act, uses and operations are lawful at any time if—
(a) no enforcement action may then be taken in respect of them (whether because they did not involve development or require planning permission or because the time for enforcement action has expired or for any other reason); and
(b) they do not constitute a contravention of any of the requirements of any enforcement notice then in force.
(3) For the purposes of this Act, any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted is lawful at any time if—
(a) the time for taking enforcement action in respect of the failure has then expired; and
(b) it does not constitute a contravention of any of the requirements of any enforcement notice or breach of condition notice then in force.
(4) If, on an application under this section, the planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matter described in the application, or that description as modified by the planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refuse the application.
(5) A certificate under this section shall—
(a) specify the land to which it relates;
(b) describe the use, operations or other matter in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);
(c) give the reasons for determining the use, operations or other thing to be lawful; and
(d) specify the date of the application for the certificate.
(6) The lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.
(7) A certificate under this section in respect of any use shall also have effect, for the purposes of the following enactments, as if it were a grant of planning permission—
(a) section 3(3) of the Caravan Sites and Control of Development Act 1960;
(b) section 5(2) of the Control of Pollution Act 1974; and
(c) section 36(2)(a) of the Environmental Protection Act 1990.
90A Certificate of lawfulness of proposed use or development.
(1) If any person wishes to ascertain whether—
(a) any proposed use of buildings or other land; or
(b) any operations proposed to be carried out in, on, over or under land,
would be lawful, he may make an application for the purpose to the planning authority specifying the land and describing the use or operations in question.
(2) If, on an application under this section, the planning authority are provided with information satisfying them that the use or operations described in the application would be lawful if instituted or begun at the time of the application they shall issue a certificate to that effect; and in any other case they shall refuse the application.
(3) A certificate under this section shall—
(a) specify the land to which it relates;
(b) describe the use or operations in question (in the case of any use falling within one of the classes specified in an order under section 19(2)(f) of this Act, identifying it by reference to that class);
(c) give the reasons for determining the use or operations to be lawful; and
(d) specify the date of the application for the certificate.
(4) There shall be an irrefutable presumption as to the lawfulness of any use or operations for which a certificate is in force under this section unless there is a material change, before the use is instituted or the operations are begun, in any of the matters relevant to determining such lawfulness.
90B Certificates under sections 90 and 90A: supplementary provisions.
(1) An application for a certificate under section 90 or 90A of this Act shall be made in such manner as may be prescribed by regulations under this Act or a development order and shall include such particulars, and be verified by such evidence, as may be required by such regulations or such an order or by any directions given under such regulations or such an order or by the planning authority.
(2) Provision may be made by such regulations or a development order for regulating the manner in which applications for certificates under those sections are to be dealt with by planning authorities.
(3) In particular, such regulations or such an order may provide for requiring the authority—
(a) to give to any applicant within such time as may be prescribed by the regulations or the order such notice as may be so prescribed as to the manner in which his application has been dealt with; and
(b) to give to the Secretary of State and to such other persons as may be prescribed by or under the regulations or the order, such information as may be so prescribed with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.
(4) A certificate under either of those sections may be issued—
(a) for the whole or part of the land specified in the application; and
(b) where the application specifies two or more uses, operations or other things, for all of them or some one or more of them,
and shall be in such form as may be prescribed by such regulations or a development order.
(5) A certificate under section 90 or 90A shall not affect any matter constituting a failure to comply with any condition or limitation subject to which planning permission has been granted unless that matter is described in the certificate.
(6) In section 31 of this Act references to applications for planning permission shall include references to applications for certificates under section 90 or 90A of this Act.
(7) A planning authority may revoke a certificate under either of those sections if, on the application for the certificate—
(a) a statement was made or document used which was false in a material particular; or
(b) any material information was withheld.
(8) Provision may be made by such regulations or a development order for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.
(1) If any person, for the purpose of procuring a particular decision on an application (whether by himself or another) for the issue of a certificate under section 90 or 90A of this Act—
(a) knowingly or recklessly makes a statement which is false or misleading in a material particular;
(b) with intent to deceive, uses any document which is false or misleading in a material particular; or
(c) with intent to deceive, withholds any material information,
he shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) of this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
91 Grant of certificate by Secretary of State on referred application or appeal against refusal.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where an application is made to a. . . planning authority for a certificate under section 90 or 90A and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—
(a) if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and
(b) if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Before determining an. . . appeal under this section the Secretary of State shall, if either the. . . appellant. . . or the. . . planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.
(7) Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants a certificate under section 90 or 90A of this Act, the Secretary of State or that person shall give notice to the planning authority of that fact.
(1) Any person duly authorised in writing by a planning authority may at any reasonable hour enter any land—
(a) to ascertain whether there is or has been any breach of planning control on the land or any other land;
(b) to determine whether any of the powers conferred on a planning authority by sections 84 to 91 or 100 of this Act should be exercised in relation to the land or any other land;
(c) to determine how any such power should be exercised in relation to the land or any other land;
(d) to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to the land or any other land,
if there are reasonable grounds for entering for the purpose in question.
(2) Any person duly authorised in writing by the Secretary of State may at any reasonable hour enter any land to determine whether an enforcement notice should be issued in relation to the land or any other land, if there are reasonable grounds for entering for that purpose.
(3) The Secretary of State shall not so authorise any person without consulting the planning authority.
(4) Admission to any building used as a dwellinghouse shall not be demanded as of right by virtue of subsection (1) or (2) of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the building.
(1) If the sheriff is satisfied —
(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 91A(1) or (2) of this Act; and
(b) that—
(i) admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii) the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
(2) For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3) A warrant authorises entry on one occasion only and that entry must be—
(a) within one month from the date of the issue of the warrant; and
(b) at a reasonable hour, unless the case is one of urgency.
(1) A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 91A or 91B of this Act (referred to in this section as “a right of entry”)—
(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b) may take with him such other persons as may be necessary; and
(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
(4) The provisions of section 168 of this Act shall apply in relation to compensation under subsection (3) of this section as they apply in relation to compensation under Part VIII of this Act.
(5) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
92 Power to serve listed building enforcement notice.
(1) Where it appears to the. . . planning authority that any works have been, or are being, executed to a listed building in their district and are such as to involve a contravention of section 53(1) or (4) of this Act, then,. . . , they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice—
(a) specifying the alleged contravention; and
(b) specifying one of the following sets of steps—
(i) the steps required to restore the building to its former state;
(ii) the steps required to bring the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with;
(iii) subject to subsection (1A) below, the steps required to alleviate, in a manner acceptable to the planning authority, the effects of works executed without listed building consent; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) A planning authority may specify steps under sub-paragraph (iii) of paragraph (b) of subsection (1) above, if, but only if, it appears to them either—
(a) that complete restoration of the building to its former state is not reasonably practicable; or
(b) that such restoration is undesirable, having regard to the desirability of preserving—
(i) the character of the building; or
(ii) its features of architectural or historical interest.
(2) a notice under this section is in this Act referred to as a “listed building enforcement notice”.
(2A) Where such steps as are mentioned in subsection (1)(b)(iii) above have been taken in relation to works carried out on a building, listed building consent shall be deemed to have been granted in respect of those works as alleviated.
(3) a listed building enforcement notice shall be served on the owner, on the lessee and on the occupier of the building to which it relates and on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.
(3A) Service under subsection (3) above shall be effected by the service of a copy of the notice; and references in this Act to service of listed building enforcement notices shall be so construed.
(4) A listed building enforcement notice—
(a) shall specify the date upon which it is to take effect, and, subject to section 93(3) of this Act, shall take effect on that date, and
(b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps,
and, where different periods apply to different steps, references in this Part of this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.
(5) The planning authority may—
(a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
(b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 92(4) of this Act,
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
(5A) The planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it
(6) Every. . . planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.
93 Appeal against listed building enforcement notice.
(1) a person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—
(a) that the building is not of special architectural or historic interest;
(b) that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;
(ba) that those matters (if they occurred) do not constitute such a contravention;
(c) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;
(d) that listed building consent ought to be granted for the works, or that any relevent condition of such consent which has been granted ought to be discharged, or different conditions substituted;
(e) that the notice was not served as required by section 92(3) of this Act
(f) that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;
(g) that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed;
(h) that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to its former state.
(i) that the steps specified under sub-paragraph (ii) of section 92(1)(b) of this Act exceed what is necessary to bring the building to the state mentioned in that sub-paragraph;
(j) that the steps specified under sub-paragraph (iii) of the said section 92(1)(b) exceed what may reasonably be required in terms of that sub-paragraph;
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) An appeal under this section shall be made either—
(a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or
(b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.
(2A) The provisions of subsections (2A) to (2D) of section 85 of this Act (which relates to appeals against enforcement notices) shall apply to appeals under this section as they apply to appeals under that section.
(3) Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal.
(4) On an appeal under this section,—
(a) the Secretary of State may—
(i) correct any defect, error or misdescription in the listed building enforcement notice; or
(ii) vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 92(3) of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.
(5) On the determination of an appeal under this section the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice . . ., and the Secretary of State may—
(a) grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous;
(b) . . .
(c) if he thinks fit, exercise his power under section 52 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (8) of that section to direct that that subsection shall no longer apply to the building.
(6) Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.
(7) The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.
(8) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.
94 Offence where listed building enforcement notice not complied with.
(1) Where, after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is for the time being owner of the land is in breach of the duty under this subsection.
(2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
(3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(4) In proceedings against any person for an offence under this section, it shall be a defence for him to show—
(a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
(b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,0; and
(b) on conviction on indictment, to a fine.
(6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
95 Execution and cost of works required by listed building enforcement notice.
(1) If, within the period allowed for compliance with a listed building enforcement notice, any steps required by the notice to be taken have not been taken, the authority may enter on the land and take those steps, and may recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so.
(2) Any expenses incurred by the owner, lessee or occupier of a building for the purpose of complying with a listed building enforcement notice, and any sums paid by the owner or lessee of a building under subsection (1) of this section in respect of expenses incurred by the. . . planning authority in taking steps required by such a notice to be taken, shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.
(3) The provisions of section 88(3) and (4) of this Act shall apply in relation to a listed building enforcement notice as they apply in relation to an enforcement notice; and any regulations made by virtue of this subsection may provide for the charging on the land on which the building stands of any expenses recoverable by a. . . planning authority under subsection (1) of this section.
(4) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
95A Effect of listed building consent on listed building enforcement
(1) If, after the issue of a listed building enforcement notice, consent is granted under section 53(2A) of this Act for the retention of any work to which the listed building enforcement notice relates, the notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent.
(2) If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted, the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition.
(3) The preceding provisions of this section shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect.
96 Enforcement by, or by direction of, the Secretary of State.
(1) If it appears to the Secretary of State, after consultation with the. . . planning authority, to be expedient that a listed building enforcement notice should be served in respect of any land, he. . . may himself serve such a notice; and any notice so served by the Secretary of State shall have the like effect as a notice served by the. . . planning authority.
(2) In relation to a listed building enforcement notice served by the Secretary of State, the provisions of sections 94(3) and 95 of this Act shall apply as if for any reference therein to the. . . planning authority there were substituted a reference to the Secretary of State.
(1) Where it appears to the planning authority or the Secretary of State that works are urgently necessary for the preservation of—
(a) a listed building, or
(b) a building in respect of which a direction has been given by the Secretary of State that this section shall apply,
they or he may, subject to the following provisions of this section, execute the works, which may consist of or include works for affording temporary support or shelter for the building.
(2) The ground on which the Secretary of State may give a direction that this section shall apply to a building is that the building is in a conservation area and it appears to him that its preservation is important for maintaining the character or appearance of the conservation area.
(3) If the building is occupied works may be carried out only to those parts which are not in use; and no action may be taken in respect of an excepted building within the meaning of section 56(2) of this Act.
(4) The owner of the building shall be given not less than 7 days’ notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out.
(1) This section has effect for enabling the expenses of works executed under section 97 of this Act to be recovered.
(2) The planning authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of the works.
(3) Where the works consist of or include works for affording temporary support or shelter for the building—
(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used, and
(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.
(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—
(a) that some or all of the works were unnecessary for the preservation of the building,
(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time, or
(c) that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship,
and the Secretary of State shall determine to what extent the representations are justified.
(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—
(a) to the owner of the building, and
(b) to the planning authority, if they carried out the works.
97AB Further provision as to rights of entry in relation to listed buildings.
(1) The provisions of this section and of section 97AC of this Act shall apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to listed buildings and listed buildings control.
(2) If the sheriff is satisfied—
(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and
(b) that—
(i) admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii) the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
(3) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(4) A warrant authorises entry on one occasion only and that entry must be—
(a) within one month from the date of the issue of the warrant; and
(b) at a reasonable hour, unless the case is one of urgency.
97AC Rights of entry in relation to listed buildings: supplementary provisions.
(1) Subject to subsection (2) of this section, a person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97AB of this Act (referred to in this section as “a right of entry”),—
(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b) may take with him such other persons as may be necessary; and
(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2) Admission to any land which is occupied shall not be demanded as of right by virtue of section 265 of this section unless 24 hours’ notice of the intended entry has been given to the occupier of the land.
(3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(5) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(6) Subsection (5) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(7) A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(8) No person shall carry out any works in exercise of a power conferred under section 97 of this Act unless notice of his intention to do so was included in the notice required by subsection (2) of this section.
(9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 97 of this Act if—
(a) the land in question is held by statutory undertakers; and
(b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(10) Section 213(1) of this Act applies for the purposes of subsection (9) of this section as it applies for the purposes of section 266(6)(b) of this Act.
97B Power to issue hazardous substances contravention notice.
(1) Subject to subsection (2) below, where it appears to the planning authority that there is or has been a contravention of hazardous substances control they may issue a hazardous substances contravention notice if they consider it expedient to do so having regard to any material consideration.
(2) A planning authority shall not issue a hazardous substances contravention notice where it appears to them that a contravention of hazardous substances control can be avoided only by the taking of action amounting to a breach of a statutory duty.
(3) In this Act “hazardous substances contravention notice” means a notice—
(a) specifying an alleged contravention of hazardous substances control; and
(b) requiring such steps as may be specified in the notice to be taken to remedy wholly or partly the contravention.
(4) A copy of a hazardous substances contravention notice shall be served—
(a) on the owner, the lessee and the occupier of the land to which it relates; and
(b) on such other persons as may be prescribed.
(5) A hazardous substances contravention notice shall also specify—
(a) a date not less than 28 days from the date of service of copies of the notice as the date on which it is to take effect;
(b) in respect of each of the steps required to be taken to remedy the contravention of hazardous substances control, the period from the notice taking effect within which the step is to be taken.
(6) Where a planning authority issue a hazardous substances contravention notice the steps required by the notice may, without prejudice to the generality of subsection (3)(b) above, if the authority think it expedient, include a requirement that the hazardous substance be removed from the land.
(7) Where a notice includes such a requirement, it may also contain a direction that at the end of such period as may be specified in the notice any hazardous substances consent for the presence of the substance shall cease to have effect or, if it relates to more than one substance, shall cease to have effect so far as it relates to the substance which is required to be removed.
(8) The planning authority may withdraw a hazardous substances contravention notice (without prejudice to their power to issue another) at any time before or after it takes effect.
(9) If they do so, they shall forthwith give notice of the withdrawal to every person who was served with a copy of the notice or would, if the notice were re-issued, be served with a copy of it.
(10) The Secretary of State may by regulations—
(a) specify matters which are to be included in hazardous substances contravention notices, in addition to those which are required to be included in them by this section;
(b) provide—
(i) for appeals to him against hazardous substances contravention notices;
(ii) for the persons by whom, grounds upon which and time within which such an appeal may be brought;
(iii) for the procedure to be followed on such appeals;
(iv) for the directions that may be given on such an appeal;
(v) for the application to such appeals, subject to such modifications as the regulations may specify, of any of the provisions of sections 85, 231(3) and 233 of this Act;
(c) direct that any of the provisions of sections 86 to 89A and 166 of this Act shall have effect in relation to hazardous substances contravention notices subject to such modifications as he may specify in the regulations;
(d) make such other provision as he considers necessary orexpedient in relation to hazardous substances contravention notices.
(11) If any person appeals against a hazardous substances contravention notice, the notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(12) Regulations under this section may make different provisions for different cases or descriptions of cases.
97BA Variation of hazardous substances contravention notices.
(1) A planning authority may waive or relax any requirement of a hazardous substances contravention notice issued by them and, in particular, may extend any period specified in accordance with section 97B(5)(b) of this Act in the notice.
(2) The powers conferred by subsection (1) of this section may be exercised before or after the notice takes effect.
(3) The planning authority shall, immediately after exercising those powers, give notice of the exercise to every person who has been served with a copy of the hazardous substances contravention notice or would, if the notice were re-issued, be served with a copy of it.
97BB Further provision as to rights of entry in relation to hazardous substances control.
(1) The provisions of this section and of section 97BC of this Act apply, in place of the provisions of section 266 of this Act, to rights of entry exercised under section 265 of this Act in relation to applications for hazardous substances consent and hazardous substances control.
(2) If the sheriff is satisfied—
(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 265 of this Act; and
(b) that—
(i) admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii) the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
(2) For the purposes of subsection (2)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3) A warrant authorises entry on one occasion only and that entry must be—
(a) within one month from the date of the issue of the warrant; and
(b) at a reasonable hour, unless the case is one of urgency.
97BC Rights of entry in relation to hazardous substances control: supplementary provisions.
(1) A person authorised to enter any land in pursuance of a right of entry conferred under or by virtue of section 265 or 97BB of this Act (referred to in this section as “a right of entry”)—
(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b) may take with him such other persons as may be necessary; and
(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 168 of this Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part VIII of this Act.
(4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.
(5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.
(6) A person who is guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(7) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 265(8) of this Act if—
(a) the land in question is held by statutory undertakers; and
(b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
(8) Section 213(1) of this Act applies for the purposes of subsection (7) of this section as it applies for the purposes of section 266(6)(b) of this Act.
98 Penalties for non-compliance with tree preservation order.
(1) If any person, in contravention of a tree preservation order, cuts down, uproots or wilfully destroys a tree, or wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it, he shall be guilty of an offence and shall be liable—
(a) on summary conviction to a fine not exceeding £20,0;
(b) on conviction on indictment, to a fine,
and, in determining the amount of any fine to be imposed on a person convicted . . ., the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(2) If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1) of this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) This section shall apply to an offence under section 59A above as it applies to a contravention of a tree preservation order.
99 Enforcement of duties as to replacement of trees.
(1) If it appears to the. . . planning authority that the provisions of section 60 of this Act, or any conditions of a consent given under a tree preservation order which require the replacement of trees, are not complied with in the case of any tree or trees, that authority may, at any time within two years from the date on which the failure to comply with the said provisions or conditions came to their knowledge, serve on the owner of the land a notice requiring him, within such period as may be specified in the notice, to plant a tree or trees of such size and species as may be so specified.
(2) A notice under subsection (1) of this section shall specify a period at the end of which it is to take effect, being a period of not less than twenty-eight days beginning with the date of service of the notice.
(3) a person on whom a notice under this section is served may, either by giving written notice to the Secretary of State before the end of the period specified in accordance with subsection (2) of this section, or by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before the end of that period,, appeal to the Secretary of State against the notice on any of the following grounds—
(a) that the provisions of the said section 60 or the conditions aforesaid are not applicable or have been complied with;
(ab) that in all the circumstances of the case the duty imposed by the said section 60(1) should be dispensed with in relation to any tree;
(b) that the requirements of the notice are unreasonable in respect of the period or the size or species of trees specified therein;
(c) that the planting of a tree or trees in accordance with the notice is not required in the interests of amenity or would be contrary to the practice of good forestry;
(d) that the place on which the tree is or trees are required to be planted is unsuitable for that purpose;
and the provisions of section 85(2) to (2D), (3) and (4)(a) of this Act, and of so much of section 85(5) of this Act as enables the Secretary of State to give directions, shall apply in relation to any such appeal as they apply in relation to an appeal against an enforcement notice.
(4) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under subsection (3) of this section.
(5) In section 88 of this Act, and in regulations in force under that section, references to an enforcement notice and an enforcement notice served in respect of any breach of planning control shall include references to a notice under this section; and in relation to such a notice the reference in subsection (2) of that section to the person by whom the breach of planning control was committed shall be construed as a reference to any person, other than the owner, responsible for the cutting down, destruction or removal of the original tree or trees.
(6) Any person who wilfully obstructs a person acting in the exercise of the power under section 88(1) of this Act (as applied by subsection (5) of this section) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) Any person duly authorised in writing by a planning authority may enter any land for the purpose of—
(a) surveying it in connection with making or confirming a tree preservation order with respect to the land;
(b) ascertaining whether an offence under section 59A or 98 of this Act has been committed on the land; or
(c) determining whether a notice under section 99 should be served on the owner of the land,
if there are reasonable grounds for entering for the purpose in question.
(2) Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land if there are reasonable grounds for entering for that purpose.
(3) Any person who is duly authorised in writing by a planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under sections 57 to 60 and 99 of this Act.
(4) Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 163 of this Act.
(5) Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under section 58 or 99 of this Act.
(6) The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the planning authority.
(7) Admission shall not be demanded as of right—
(a) by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or
(b) by virtue of subsection (3), (4) or (5) to any land which is occupied,
unless 24 hours’ notice of the intended entry has been given to the occupier.
(8) Any right to enter by virtue of this section shall be exercised at a reasonable hour.
(1) If the sheriff is satisfied—
(a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 99A(1) or (2) of this Act; and
(b) that—
(i) admission to the land has been refused, or a refusal is reasonably apprehended; or
(ii) the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing by a planning authority or, as the case may be, the Secretary of State to enter the land.
(2) For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
(3) A warrant authorises entry on one occasion only and that entry must be—
(a) within one month from the date of the issue of the warrant; and
(b) at a reasonable hour, unless the case is one of urgency.
(1) Any power conferred under or by virtue of section 99A or 99B to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil.
(2) A person authorised to enter land in the exercise of a right of entry—
(a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;
(b) may take with him such other persons as may be necessary; and
(c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.
(3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) If any damage is caused to land or moveable property in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State.
100 Enforcement of orders under sections 49, 49A and 49B.
(1) Any person who, without the grant of planning permission in that behalf,—
(a) uses land, or causes or permits land to be used,—
(i) for any purpose for which an order under section 49 of this Act has required that its use shall be discontinued; or
(ii) in contravention of any condition imposed by such an order by virtue of subsection (1) of that section; or
(b) resumes, or causes or permits to be resumed, development consisting of the winning and working of minerals or involving the depositing of mineral waste the resumption of which an order under section 49A of this Act has prohibited; or
(c) contravenes, or causes or permits to be contravened, any such requirement as is specified in section 49A(3) or (4) of this Act,
shall be guilty of an offence.
(2) Any person who contravenes any requirement of a suspension order or a supplementary suspension order or who causes or permits any requirement of such an order to be contravened shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment, to a fine.
(4) If—
(a) any step required by an order under section 49 of this Act to be taken for the alteration or removal of any buildings or works or any plant or machinery; or
(b) any step required by an order under section 49A of this Act to be taken—
(i) for the alteration or removal of plant or machinery; or
(ii) for the removal or alleviation of any injury to amenity; or
(c) any step for the protection of the environment required to be taken by a suspension order or a supplementary suspension order,
has not been taken within the period specified in the order, or within such extended period as the planning authority may allow, the planning authority may enter the land and take that step, and may recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
(5) A planning authority taking any step in terms of subsection (4) of this section may sell any materials removed by them from any land unless those materials are claimed by the owner within three days of their removal by the planning authority; and where such materials have been sold the planning authority shall, after deducting therefrom any expenses recoverable by them from the owner, pay him the proceeds of such sale.
(6) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable measures and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.
(7) If any person charged with an offence under this section alleges that the commission of the offence was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
(1) The matters for which provision may be made by regulations under section 61 of this Act shall include provision for enabling the. . . planning authority to require the removal of any advertisement which is being displayed in contravention of the regulations, or the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations, and for that purpose for applying any of the provisions of this Part of this Act with respect to enforcement notices or the provisions of section 166 of this Act, subject to such adaptations and modifications as may be specified in the regulations.
(2) Without prejudice to any provisions included in regulations made under section 61 of this Act by virtue of subsection (1) of this section, if any person displays an advertisement in contravention of the provisions of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed by the regulations, not exceeding level 3 on the standard scale and, in the case of a continuing offence, one-tenth of level 3 on the standard scale for each day during which the offence continues after conviction.
(3) For the purposes of subsection (2) of this section, and without prejudice to the generality thereof, a person shall be deemed to display an advertisement if—
(a) the advertisement is displayed on land of which he is the owner or occupier; or
(b) the advertisement gives publicity to his goods, trade, business or other concerns:
Provided that a person shall not be guilty of an offence under that subsection by reason only that an advertisement is displayed on land of which he is the owner or occupier, or that his goods, trade, business or other concerns are given publicity by the advertisement, if he proves that it was displayed without his knowledge or consent.
101A Power to remove or obliterate placards and posters.
(1) Subject to the provisions of this section, a planning authority may remove or obliterate any placard or poster—
(a) which is displayed in their area; and
(b) which in their opinion is so displayed in contravention of regulations made under section 61 of this Act.
(2) Subsection (1) of this section does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.
(3) Subject to subsection (4) of this section, where a placard or poster identifies the person who displayed it or caused it to be displayed, the planning authority shall not exercise any power conferred by subsection (1) of this section unless they have first given him notice in writing—
(a) that in their opinion it is displayed in contravention of regulations made under section 61 of this Act; and
(b) that they intend to remove or obliterate it on the expiry of a period specified in the notice.
(4) Subsection (3) of this section does not apply if—
(a) the placard or poster does not give his address; and
(b) the authority do not know it and are unable to ascertain it after reasonable inquiry.
(5) The period specified in a notice under subsection (3) of this section must be not less than two days from the date of service of the notice.
(6) Any person duly authorised in writing by the planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred by this section if—
(a) the land is unoccupied; and
(b) it would be impossible to exercise the power without entering the land.
102 Compulsory acquisition of land in connection with development and for other planning purposes.
(1) A local authority . . . shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
(a) any land within their area which is suitable for and is required in order to secure the carrying out of one or more of the following activities, namely, development, redevelopment and improvement;
(b) any land which is in their area and which is required for a purpose which it is necessary to achieve in the interests of the proper planning of an area in which the land is situated.
(1A) A local authority and the Secretary of State in considering for the purposes of subsection (1)(a) above whether land is suitable for development, re-development or improvement shall have regard—
(a) to the provisions of the development plan, so far as material;
(b) to whether planning permission for any development on the land is in force; and
(c) to any other consideration which, on an application for planning permission for development on the land, would be material for the purpose of determining that application.
(1B) Where a local authority exercise their powers under subsection (1) above in relation to any land, they shall, on being authorised to do so by the Secretary of State, have power to acquire compulsorily—
(a) any land adjoining that land which is required for the purposes of executing works for facilitating its development or use; or
(b) where the land forms part of a common or open space, any land which is required for the purpose of being given in exchange for the land which is being acquired.
(1C) It is immaterial by whom the local authority propose any activity or purpose mentioned in subsection (1) or (1B)(a) above is to be undertaken or achieved (and in particular the local authority need not propose to undertake that activity or achieve that purpose themselves).
(2) Where under subsection (1) of this section the Secretary of State has power to authorise a local authority to whom this section applies to acquire any land compulsorily he may, after the requisite consultation, authorise the land to be so acquired by another authority, being a local authority within the meaning of this Act.
(3) Before giving an authorisation under subsection (2) of this section, the Secretary of State shall consult the local authority within whose area the land is situated.
(4) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect as if this section had been in force immediately before the commencement of that Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Compulsory acquisition of land by Secretary of State for the Environment.
(1) The Secretary of State for the Environment may acquire compulsorily any land necessary for the public service.
(2) The power of acquiring land compulsorily under this section shall include power to acquire a servitude or other right over land by the grant of a new right:
Provided that this subsection shall not apply to a servitude or other right over any land which would for the purposes of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 form part of a common or open space.
(3) The said Act of 1947 shall apply to any compulsory acquisition by the Secretary of State for the Environment under this section as it applies to a compulsory acquisition by another Minister in a case falling within section 1(1) of that Act.
104 Compulsory acquisition of listed building in need of repair.
(1) Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, the Secretary of State may authorise the. . . planning authority for the district in which the building is situated to acquire compulsorily under this section the building and any land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.
(2) Where it appears to the Secretary of State, in the case of a building to which this section applies, that reasonable steps are not being taken for properly preserving it, he may be authorised under this section to acquire compulsorily the building and any land comprising or contiguous or adjacent to it which appears to him to be required for the purpose mentioned in subsection (1) of this section.
(3) This section applies to any listed building, not being an excepted building as defined in section 56(2) of this Act.
(4) The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.
(5) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory acquisition of land under this section and accordingly shall have effect—
(a) as if this section had been in force immediately before the commencement of that Act; and
(b) as if references therein to the Minister of Transport and to the enactments specified in section 1(1)(b) of that Act included respectively references to the Secretary of State and to the provisions of this section.
(6) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within twenty-eight days after the service of the notice required to be served under paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order prohibiting further proceedings on the compulsory purchase order; and, if the sheriff is satisfied that reasonable steps have been taken for properly preserving the building, he shall make an order accordingly.
(7) Any person aggrieved by the decision of the sheriff on an application under subsection (6) of this section may appeal against the decision to the Court of Session, but on a question of law only.
105 Repairs notice as preliminary to compulsory acquisition under s. 104.
(1) Neither a. . . planning authority nor the Secretary of State shall start the compulsory purchase of a building under section 104 of this Act unless at least two months previously they have served on the owner of the building, and not withdrawn, a notice under this section (in this section referred to as a “repairs notice”)—
(a) specifying the works which they consider reasonably necessary for the proper preservation of the building; and
(b) explaining the effect of sections 104 to 107 of this Act.
(2) Where a. . . planning authority or the Secretary of State have served a repairs notice, the demolition of the building thereafter shall not prevent them from being authorised under section 104 of this Act to acquire compulsorily the site of the building, if the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished.
(3) A. . . planning authority or the Secretary of State may at any time withdraw a repairs notice served by them; and if they do so, they shall forthwith give notice of the withdrawal to the person who was served with the notice.
(4) For the purposes of this section a compulsory acquisition is started when the. . . planning authority or the Secretary of State, as the case may be, serve the notice required by paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.
106 Compensation on compulsory acquisition of listed building.
Subject to section 107 of this Act, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which, immediately before the date of the compulsory purchase order, was listed, it shall be assumed that listed building consent would be granted for any works for the alteration or extension of the building.. . . . . ..
107 Minimum compensation in case of listed building deliberately left derelict.
(1) A. . . planning authority proposing to acquire a building compulsorily under section 104 of this Act, if they are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or re-development of the site or any adjoining site, may make a direction for minimum compensation.
(2) Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 104 of this Act, he may, if he is satisfied as mentioned in subsection (1) of this section, include a direction for minimum compensation in the compulsory purchase order.
(3) The notice required to be served in accordance with paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (notices stating effect of compulsory purchase order or, as the case may be, draft order) shall, without prejudice to so much of that paragraph as requires the notice to state the effect of the order, include a statement that the authority have made. . . a direction for minimum compensation or, as the case may be, that the Secretary of State has included such a direction in the draft order prepared by him in accordance with paragraph 7 of that Schedule and shall in either case explain the meaning of the expression “direction for minimum compensation”.
(4) a direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation (Scotland) Act 1963 or this Act, that planning permission would not be granted for any development or re-development of the site of the building and that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair; and if a compulsory purchase order is confirmed or made with the inclusion of such a direction, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.
(5) Where a. . . planning authority make a direction for minimum compensation, or the Secretary of State includes such a direction in a draft compulsory purchase order prepared by him, any person having an interest in the building may, within twenty-eight days after the service of the notice required by paragraph 3(b) of Schedule 1 to the said Act of 1947, apply to the sheriff for an order that the. . . planning authority’s direction for minimum compensation be reversed or, as the case may be, that such a direction be not included in the compulsory purchase order as made by the Secretary of State; and if the sheriff is satisfied that the building has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1) of this section, he shall make the order applied for.
(6) a person aggrieved by the decision of the sheriff on an application under subsection (5) of this section may appeal against the decision to the Court of Session, but on a question of law only.
(7) The rights conferred by subsections (5) and (6) of this section shall not prejudice those conferred by section 104(6) and (7) of this Act.