|
| |
|
(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 |
| |
| |
(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— |
| |
| |
(b) | initiating proceedings, |
| 15 |
(c) | the making of an application. |
| |
(6) | A step taken for the purposes of enforcement does not include— |
| |
| |
(b) | the making of an order (other than a court order).”. |
| |
(3) | In the Town and Country Planning (Scotland) Act 1997 (c. 8), 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| “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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(5) | A step taken for the purposes of enforcement includes— |
| |
| |
(b) | initiating proceedings, |
| |
(c) | the making of an application. |
| |
(6) | A step taken for the purposes of enforcement does not include— |
| 5 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(b) | initiating proceedings, |
| 30 |
(c) | the making of an application. |
| |
(6) | A step taken for the purposes of enforcement does not include— |
| |
| |
(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 |
| |
| |
(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 |
| |
| 40 |
(3) | An interest in land includes an interest only as occupier of the land.”. |
| |
|
| |
|
| |
|
| |
90 | Tree preservation orders affecting land where Forestry Commissioners |
| |
| |
(1) | In the Town and Country Planning (Scotland) Act 1997 (c. 8), section 162 |
| |
(orders affecting land where Forestry Commissioners interested) is amended |
| 5 |
| |
| |
(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 |
| |
(b) | by the Forestry Commissioners on land placed at their |
| |
| |
(4) | After subsection (4)(a)— |
| |
| 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 |
| |
| |
“(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 |
| |
(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 |
| |
| |
(b) | before the end of the period of two years starting with that |
| 40 |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
(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 |
| |
| |
(b) | is made before the commencement of section 85 of this Act, and |
| |
(c) | is specified in the order. |
| |
| 30 |
| |
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 |
| |
(a) | the first “which” is omitted; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | the promotion or improvement of the social well-being of their |
| |
| |
(c) | the promotion or improvement of the environmental well-being |
| 15 |
| |
(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 |
| |
| |
(4) | The notice under subsection (3) must— |
| |
(a) | be addressed to persons occupying or having an interest in the |
| 35 |
| |
(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 |
| |
| 40 |
(5) | In section 12 (notices to owners, lessees and occupiers)— |
| |
|
| |
|
| |
|
(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 |
| |
| 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, |
| |
| |
(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 |
| |
| |
(2B) | A relevant claim is a claim for compensation under section 10 of |
| |
the Compulsory Purchase Act 1965 (compensation for injurious |
| 20 |
| |
(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. |
| |
| |
(a) | no relevant objection is made, |
| 30 |
(b) | every relevant objection made is either withdrawn or |
| |
| |
(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 |
| |
| 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 |
|
| |
|
| |
|
(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— |
| |
| |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(7) | Relevant objection and disregarded must be construed in accordance |
| |
| |
|
| |
|