Planning Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Planning Bill

Planning Bill
Schedule 12 — Application of Act to Scotland: modifications
190

“open space” means any land laid out as a public garden, or used
for the purposes of public recreation, or land which is a disused
burial ground;”.
16
Section 132 applies as if—
(a)
in subsection (1), for “, open space or fuel or field garden allotment”
5
there were substituted “or open space”, and
(b)
in subsection (12), for the words from “common” to “1981” there
were substituted—
“common” and “open space” have the same meanings as in section
131 (as modified by paragraph 15);”.
10
17
Section 134 applies as if—
(a)
for subsection (4) there were substituted—
“(4)
This subsection applies to—
(a)
an owner, lessee, tenant (whatever the tenancy
period) or occupier of the order land,
15
(b)
a person known by the prospective purchaser (after
diligent inquiry)—
(i)
to be interested in the order land, or
(ii)
to have power to sell and convey the order
land,
20
(c)
a person who, if the order were fully implemented,
the prospective purchaser thinks would or might be
entitled—
(i)
as a result of the implementing of the order,
(ii)
as a result of the order’s having been
25
implemented, or
(iii)
as a result of use of the order land once the
order has been implemented,

to make a relevant claim.
(4A)
In subsection (4)(c) “relevant claim” means a claim arising by
30
virtue of paragraph 1 of the Second Schedule to the
Acquisition of Land (Authorisation Procedure) (Scotland)
Act 1947 (c. 42).
(4B)
An expression that appears in subsection (4)(b) of this section
and also in section 17 of the Lands Clauses Consolidation
35
(Scotland) Act 1845 (c. 19) has in subsection (4)(b) the
meaning that it has in section 17 of that Act.”, and
(b)
in subsection (7)(d) the words “only in accordance with section 118”
were omitted.
18
Section 137(7) applies as if the reference to Part 11 of TCPA 1990 were a
40
reference to Part 10 of the Town and Country Planning (Scotland) Act 1997
(c. 8).
19
Section 150 applies as if—
(a)
for paragraph (c), there were substituted—
“(c)
section 10 of the Water (Scotland) Act 1980
45
(compensation for damage resulting from exercise of
statutory powers)”, and
(b)
paragraph (d) were omitted.

Planning Bill
Schedule 12 — Application of Act to Scotland: modifications
191

20
Section 151 applies as if—
(a)
in subsection (4), the reference to the Lands Tribunal were a
reference to the Lands Tribunal for Scotland,
(b)
for subsections (5) and (6) there were substituted—
“(5)
Section 6 of the Railway Clauses Consolidation (Scotland)
5
Act 1845 (which makes the construction of the railway subject
to that Act and the Lands Clauses Consolidation (Scotland)
Act 1845) applies in relation to authorised works as it applies
in relation to the construction of a railway.
(6)
Any rule or principle applied to the construction of section 6
10
of the Railway Clauses Consolidation (Scotland) Act 1845
must be applied to the construction of subsection (3) of this
section (with any necessary modifications).”, and
(c)
in subsection (7)—
(i)
the reference to Part 1 of the Land Compensation Act 1973
15
were a reference to Part 1 of the Land Compensation
(Scotland) Act 1973, and
(ii)
in paragraph (c), for “17” there were substituted “15”.
21
Section 163 applies as if the references to a justice of the peace were
references to a sheriff.
20
22
Section 164 applies as if—
(a)
in subsection (4), the reference to chattels were a reference to
moveable property,
(b)
in subsection (5), the reference to the Lands Tribunal were a
reference to the Lands Tribunal for Scotland, and
25
(c)
in subsection (6), the reference to sections 2 and 4 of the Land
Compensation Act 1961 (c. 33) were a reference to sections 9 and 11
of the Land Compensation (Scotland) Act 1963 (c. 51).
23
Section 169 applies as if—
(a)
in subsection (3)—
30
(i)
for the words from “the”, where it first occurs, to “(c.49)”
there were substituted “subsections (5) to (9) of section 135 of
the Town and Country Planning (Scotland) Act 1997 (c. 8)
(which relate to the execution and cost of certain works)”, and
(ii)
the words from “section 276” to the end were omitted,
35
(b)
in subsection (4), for “section 289” there were substituted “subsection
(5) of section 135”, and
(c)
subsection (5) were omitted.
24
Section 170 applies as if—
(a)
the references to an injunction were references to an interdict, and
40
(b)
in subsection (4), the references to the High Court and a county court
were references to the Court of Session and the sheriff.
25
Section 228(5) applies as if the reference to section 233 of the Local
Government Act 1972 (c. 70) were a reference to section 192 of the Local
Government (Scotland) Act 1973 (c. 65).
45
26
Section 234 applies as if—
(a)
for the definition of “building” there were substituted—

Planning Bill
Schedule 13 — Repeals
192

““building” has the meaning given by section 277(1) of the Town
and Country Planning (Scotland) Act 1997 (c. 8);”,
(b)
for the definition of “land” there were substituted—
““land” includes land covered with water and any building (as
defined in section 277(1) of the Town and Country Planning
5
(Scotland) Act 1997) and in relation to Part 7 must be read in
accordance with section 158;”,
(c)
for the definition of “local planning authority” there were
substituted—
““local planning authority” means a planning authority within the
10
meaning of section 1 of the Town and Country Planning
(Scotland) Act 1997;”,
(d)
in the definition of “planning permission”, the reference to Part 3 of
TCPA 1990 were a reference to Part 3 of the Town and Country
Planning (Scotland) Act 1997, and
15
(e)
in the definition of “use”, the reference to section 336(1) of TCPA 1990
were a reference to section 277(1) of the Town and Country Planning
(Scotland) Act 1997.
27
Part 1 of Schedule 5 applies as if paragraphs 4 to 6, 8, 9, 16 to 32 and 38 were
omitted.
20
Schedule 13
Section 237

Repeals

Reference
Extent of repeal

Forestry Act 1967 (c. 10)
In paragraph 2 of Schedule 3—

(a)
the words from “section 77” to “(for

25

Scotland)”, and

(b)
“the said section 77 or (for Scotland)”.

Town and Country Planning
Section 61A(1).

Act 1990 (c. 8)
Section 198(3), (4), (6), (8) and (9).

Section 199.

30

Section 201.

Section 202(3).

Sections 203 to 205.

Section 212(4).

In section 284(3)(a), “for planning permission”.

35

In Schedule 1, paragraph 17.

In Schedule 1A, paragraph 9.

In Schedule 4A, paragraph 2(4) and (5).

Environmental Protection Act
In Schedule 13, paragraph 10.

1990 (c. 43)

40

Planning and Compensation
Section 6(6).

Act 1991 (c. 34)
In Schedule 18, in Part 1, the entries for sections

203 and 204 of the Town and Country

Planning Act 1990.

Planning and Compulsory
Section 15(2)(a) and (c).

45

Purchase Act 2004 (c. 5)
Section 17(1) and (2).

Section 18(4) to (6).

Planning Bill
Schedule 13 — Repeals
193

Reference
Extent of repeal

Planning and Compulsory
Section 42(3).

Purchase Act 2004 (c. 5)—
Sections 46 to 48.

cont.
Section 53.

Section 122(5)(a).

5

In section 122(6), “(a),”.

In Schedule 6, paragraph 5.

Greater London Authority Act
Section 36.

2007 (c. 24)