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(2) After section 245 there is inserted the following section— | |
“245A Enforcement in relation to the Crown | |
(1) No act or omission done or suffered by or on behalf of the Crown | |
constitutes an offence under this Act. | |
(2) A planning authority must not take any step for the purposes of | 5 |
enforcement in relation to Crown land unless it has the consent of the | |
appropriate authority. | |
(3) The appropriate authority may give consent under subsection (2) | |
subject to such conditions as it thinks appropriate. | |
(4) A step taken for the purposes of enforcement is anything done in | 10 |
connection with the enforcement of anything required to be done or | |
prohibited by or under this Act. | |
(5) A step taken for the purposes of enforcement includes— | |
(a) entering land, | |
(b) initiating proceedings, | 15 |
(c) the making of an application. | |
(6) A step taken for the purposes of enforcement does not include— | |
(a) service of a notice, | |
(b) the making of an order (other than a court order).”. | |
(3) In the Town and Country Planning (Scotland) Act 1997, after section 245A | 20 |
(inserted by subsection (2) above) there is inserted the following section— | |
“245B References to an interest in land | |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest. | |
(2) Anything which requires or is permitted to be done by or in relation to | 25 |
the owner of the interest in land must be done by or in relation to the | |
appropriate authority. | |
(3) An interest in land includes an interest only as occupier of the land.”. | |
(4) In the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 | |
(c. 9) after section 73C (inserted by Schedule 5) there are inserted the following | 30 |
sections— | |
“73D Enforcement in relation to the Crown | |
(1) No act or omission done or suffered by or on behalf of the Crown | |
constitutes an offence under this Act. | |
(2) A planning authority must not take any step for the purposes of | 35 |
enforcement in relation to Crown land unless it has the consent of the | |
appropriate authority. | |
(3) The appropriate authority may give consent under subsection (2) | |
subject to such conditions as it thinks appropriate. | |
(4) A step taken for the purposes of enforcement is anything done in | 40 |
connection with the enforcement of anything required to be done or | |
prohibited by or under this Act. | |
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(5) A step taken for the purposes of enforcement includes— | |
(a) entering land, | |
(b) initiating proceedings, | |
(c) the making of an application. | |
(6) A step taken for the purposes of enforcement does not include— | 5 |
(a) service of a notice, | |
(b) the making of an order (other than a court order). | |
73E Reference to an interest in land | |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest. | 10 |
(2) Anything which requires or is permitted to be done by or in relation to | |
the owner of the interest in land must be done by or in relation to the | |
appropriate authority. | |
(3) An interest in land includes an interest only as occupier of the land.”. | |
(5) In the Planning (Hazardous Substances) (Scotland) Act 1997, after section 30A | 15 |
(inserted by section 85(3)) there are inserted the following sections— | |
“30B Enforcement in relation to the Crown | |
(1) No act or omission done or suffered by or on behalf of the Crown | |
constitutes an offence under this Act. | |
(2) A planning authority must not take any step for the purposes of | 20 |
enforcement in relation to Crown land unless it has the consent of the | |
appropriate authority. | |
(3) The appropriate authority may give consent under subsection (2) | |
subject to such conditions as it thinks appropriate. | |
(4) A step taken for the purposes of enforcement is anything done in | 25 |
connection with the enforcement of anything required to be done or | |
prohibited by or under this Act. | |
(5) A step taken for the purposes of enforcement includes— | |
(a) entering land, | |
(b) initiating proceedings, | 30 |
(c) the making of an application. | |
(6) A step taken for the purposes of enforcement does not include— | |
(a) service of a notice, | |
(b) the making of an order (other than a court order). | |
30C Reference to an interest in land | 35 |
(1) Subsection (2) applies to the extent that an interest in land is a Crown | |
interest. | |
(2) Anything which requires or is permitted to be done by or in relation to | |
the owner of the interest in land must be done by or in relation to the | |
appropriate authority. | 40 |
(3) An interest in land includes an interest only as occupier of the land.”. | |
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Trees | |
90 Tree preservation orders affecting land where Forestry Commissioners | |
interested: Scotland | |
(1) In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 162 | |
(orders affecting land where Forestry Commissioners interested) is amended | 5 |
as follows. | |
(2) In subsection (2)— | |
(a) after paragraph (a) leave out “or”, | |
(b) after paragraph (b), insert “or— | |
(c) it has been placed at their disposal.”. | 10 |
(3) In subsection (3), leave out from “in accordance with” to the end and insert— | |
“(a) in accordance with a plan of operations or other working plan | |
approved by the Forestry Commissioners, and for the time | |
being in force, under a forestry dedication agreement or under | |
the conditions of a grant or loan made under section 1 of the | 15 |
Forestry Act 1979; or | |
(b) by the Forestry Commissioners on land placed at their | |
disposal.”. | |
(4) After subsection (4)(a)— | |
(a) leave out “and”, | 20 |
(b) insert the following paragraph— | |
“(ab) land placed at the disposal of the Forestry Commissioners is | |
land placed at their disposal under the Forestry Act 1967;”. | |
91 Trees in conservation areas in Scotland: acts of Crown | |
In the Town and Country Planning (Scotland) Act 1997, after section 172(4) | 25 |
(preservation of trees in conservation areas) there are inserted the following | |
subsections— | |
“(5) An emanation of the Crown must not, in relation to a tree to which this | |
section applies, do an act mentioned in subsection (1) above unless— | |
(a) the first condition is satisfied, and | 30 |
(b) either the second or third condition is satisfied. | |
(6) The first condition is that the emanation serves notice of an intention to | |
do the act (with sufficient particulars to identify the tree) on the | |
planning authority in whose area the tree is situated. | |
(7) The second condition is that the act is done with the consent of the | 35 |
authority. | |
(8) The third condition is that the act is done— | |
(a) after the end of the period of six weeks starting with the date of | |
the notice, and | |
(b) before the end of the period of two years starting with that | 40 |
date.”. | |
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Miscellaneous | |
92 Old mining permissions: Scotland | |
(1) Subsection (2) applies if— | |
(a) an old mining permission relates to land which is Crown land, and | |
(b) the permission has not been registered in pursuance of Part 2 of | 5 |
Schedule 8 to the Town and Country Planning (Scotland) Act 1997. | |
(2) Paragraph 10 of that Schedule and that Part apply to the old mining permission | |
subject to the following modifications— | |
(a) in sub-paragraph (3) of that paragraph, for “16th May 1991” there is | |
substituted “the date of commencement of section 92(2) of the Planning | 10 |
and Compulsory Purchase Act 2003”, | |
(b) in paragraph 13(3) of that Part, for “24 January 1992” there is | |
substituted “the date of commencement of section 92(2) of the Planning | |
and Compulsory Purchase Act 2003”. | |
(3) “Old mining permission” must be construed in accordance with paragraph 10 | 15 |
and Part 2 of that Schedule. | |
(4) “Crown land” must be construed in accordance with Part 12 of the Town and | |
Country Planning (Scotland) Act 1997. | |
93 Subordinate legislation: Scotland | |
(1) The Scottish Ministers may by order provide that relevant subordinate | 20 |
legislation applies to the Crown. | |
(2) The order may modify such subordinate legislation to the extent that the | |
Scottish Ministers think appropriate for the purposes of its application to the | |
Crown. | |
(3) Relevant subordinate legislation is an instrument which— | 25 |
(a) is made under or (wholly or in part) for the purposes of any of the | |
Scottish planning Acts, | |
(b) is made before the commencement of section 85 of this Act, and | |
(c) is specified in the order. | |
Part 8 | 30 |
Compulsory purchase | |
Acquisition of land for development | |
94 Compulsory acquisition of land for development etc | |
(1) Section 226 of the principal Act (compulsory acquisition of land for | |
development and other planning purposes) is amended as follows. | 35 |
(2) In subsection (1)— | |
(a) the first “which” is omitted; | |
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(b) for paragraph (a) there is substituted the following paragraph— | |
“(a) if the authority think that the acquisition will facilitate | |
the carrying out of development, re-development or | |
improvement on or in relation to the land,”; | |
(c) in paragraph (b) at the beginning there is inserted “which”. | 5 |
(3) After subsection (1) there is inserted the following subsection— | |
“(1A) But a local authority must not exercise the power under paragraph (a) | |
of subsection (1) unless they think that the development, re- | |
development or improvement is likely to contribute to the achievement | |
of any one or more of the following objects— | 10 |
(a) the promotion or improvement of the economic well-being of | |
their area; | |
(b) the promotion or improvement of the social well-being of their | |
area; | |
(c) the promotion or improvement of the environmental well-being | 15 |
of their area.” | |
(4) Subsection (2) is omitted. | |
(5) Nothing in this section affects a compulsory purchase order made before the | |
commencement of this section. | |
Authorisation of compulsory acquisition | 20 |
95 Procedure for authorisation by authority other than a Minister | |
(1) The Acquisition of Land Act 1981 (c. 67) (the “1981 Act”) is amended as follows. | |
(2) In section 6 (service of documents), in subsection (4)— | |
(a) after “lessee” in each place there is inserted “, tenant”, | |
(b) after ““lessee” there is inserted “, “tenant””. | 25 |
(3) In section 7 (interpretation), after subsection (2) there is added— | |
“(3) But an instrument containing regulations made for the purposes of | |
section 13A or paragraph 4A of Schedule 1 is subject to annulment in | |
pursuance of a resolution of either House of Parliament.” | |
(4) In section 11 (notices in newspapers), after subsection (2) there is added— | 30 |
“(3) In addition, the acquiring authority shall affix a notice in the prescribed | |
form to a conspicuous object or objects on or near the land comprised | |
in the order. | |
(4) The notice under subsection (3) must— | |
(a) be addressed to persons occupying or having an interest in the | 35 |
land, and | |
(b) set out each of the matters mentioned in subsection (2) (but | |
reading the reference there to first publication of the notice as a | |
reference to the day when the notice under subsection (3) is first | |
affixed).” | 40 |
(5) In section 12 (notices to owners, lessees and occupiers)— | |
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(a) in subsection (1), for the words from “owner” to “order” (where it first | |
appears) there is substituted “qualifying person”, | |
(b) for subsection (2) there is substituted— | |
“(2) A person is a qualifying person, in relation to land comprised in | |
an order, if— | 5 |
(a) he is an owner, lessee, tenant (whatever the tenancy | |
period) or occupier of the land, or | |
(b) he falls within subsection (2A). | |
(2A) A person falls within this subsection if he is— | |
(a) a person to whom the acquiring authority would, if | 10 |
proceeding under section 5(1) of the Compulsory | |
Purchase Act 1965, be required to give a notice to treat, | |
or | |
(b) a person the acquiring authority thinks is likely to be | |
entitled to make a relevant claim if the order is | 15 |
confirmed and the compulsory purchase takes place, so | |
far as he is known to the acquiring authority after | |
making diligent inquiry. | |
(2B) A relevant claim is a claim for compensation under section 10 of | |
the Compulsory Purchase Act 1965 (compensation for injurious | 20 |
affection).” | |
(6) For section 13 (confirmation of compulsory purchase order) there are | |
substituted the following sections— | |
“13 Confirmation of order: no objections | |
(1) The confirming authority may confirm a compulsory purchase order | 25 |
with or without modifications if it is satisfied— | |
(a) that the notice requirements have been complied with, and | |
(b) that one of the conditions in subsection (2) is satisfied. | |
(2) The conditions are— | |
(a) no relevant objection is made, | 30 |
(b) every relevant objection made is either withdrawn or | |
disregarded. | |
(3) The confirming authority may require every person who makes a | |
relevant objection to state the grounds of the objection in writing. | |
(4) If the confirming authority is satisfied that an objection relates | 35 |
exclusively to matters which can be dealt with by the tribunal by whom | |
the compensation is to be assessed it may disregard the objection. | |
(5) The notice requirements are the requirements under sections 11 and 12 | |
to publish, affix and serve notices in connection with the compulsory | |
purchase order. | 40 |
(6) A relevant objection is an objection by a person who is a qualifying | |
person for the purposes of section 12(2), but if such a person qualifies | |
only by virtue of section 12(2A)(b) and the confirming authority thinks | |
that he is not likely to be entitled to make a relevant claim his objection | |
is not a relevant objection. | 45 |
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(7) Disregarded means disregarded under subsection (4) or under any | |
other power to disregard a relevant objection contained in the | |
enactment providing for the compulsory purchase. | |
13A Confirmation of order: remaining objections | |
(1) This section applies to the confirmation of a compulsory purchase | 5 |
order if a relevant objection is made which is neither— | |
(a) withdrawn, nor | |
(b) disregarded, | |
(a remaining objection). | |
(2) The confirming authority may proceed under the written | 10 |
representations procedure— | |
(a) if the order is not subject to special parliamentary procedure, | |
(b) in the case of an order to which section 16 applies, if a certificate | |
has been given under subsection (2) of that section, and | |
(c) if every person who has made a remaining objection consents in | 15 |
the prescribed manner. | |
(3) If subsection (2) does not apply or if the confirming authority decides | |
not to proceed under that subsection, it must either— | |
(a) cause a public local inquiry to be held, or | |
(b) give every person who has made a remaining objection an | 20 |
opportunity of appearing before and being heard by a person | |
appointed by the confirming authority for the purpose. | |
(4) If a person who has made a remaining objection takes the opportunity | |
to appear before a person appointed under subsection (3)(b) the | |
confirming authority must give the acquiring authority and any other | 25 |
person it thinks appropriate the opportunity to be heard at the same | |
time. | |
(5) The confirming authority may confirm the order with or without | |
modifications if it has considered the objection and either — | |
(a) it has followed the written representations procedure, or | 30 |
(b) in a case which falls within subsection (3), if an inquiry was held | |
or a person was appointed under subsection (3)(b), it has | |
considered the report of the person who held the inquiry or who | |
was so appointed. | |
(6) The written representations procedure is such procedure as is | 35 |
prescribed for the purposes of this section including provision | |
affording an opportunity to— | |
(a) every person who has made a remaining objection, | |
(b) the acquiring authority, and | |
(c) any other person the confirming authority thinks appropriate, | 40 |
to make written representations as to whether the order should be | |
confirmed. | |
(7) Relevant objection and disregarded must be construed in accordance | |
with section 13. | |
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