Town and Country Planning (Scotland) Act 1997

s.101 Notice requiring purchase of blighted land.

s.102 Counter-notice objecting to blight notice.

s.103 Further counter-notice where certain proposals have come into force.

s.121 “Appropriate enactment” for purposes of Chapter II.

s.122 General interpretation of Chapter II.

28 other sections in this Part — procedural and definitional

s.088 Circumstances in which purchase notices may be served.

s.089 Circumstances in which land incapable of reasonably beneficial use.

s.091 Procedure on reference of purchase notice to Secretary of State.

s.093 Power to refuse to confirm purchase notice where land has restricted use by virtue of previous planning permission.

s.094 Effect of Secretary of State’s action in relation to purchase notice.

s.095 Special provisions as to compensation where purchase notice served.

s.096 Counter-notice requiring purchase of remainder of agricultural unit.

s.097 Effect of counter-notice under section 96.

s.098 Provisions supplemental to sections 96 and 97.

s.099 Interpretation of Chapter I.

s.104 Reference of objection to Lands Tribunal: general.

s.105 Effect of valid blight notice.

s.106 Effect on powers of compulsory acquisition of counter-notice disclaiming intention to acquire.

s.107 Withdrawal of blight notice.

s.108 Special provisions as to compensation for acquisition in pursuance of blight notice.

s.109 Inclusion in blight notice of requirement to purchase part of agricultural unit unaffected by blight.

s.110 Objection to section 109 notice.

s.111 Effect of section 109 notice.

s.112 Powers of successors in respect of blight notice.

s.113 Power of heritable creditor to serve blight notice.

s.114 Prohibition on service of simultaneous notices under sections 101, 112 and 113.

s.115 Special provisions as to partnerships.

s.116 Power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served.

s.116 Power of Secretary of State to acquire land identified in national policy statements where blight notice served

s.117 Saving for claimant’s right to sell whole hereditament, etc.

s.118 No withdrawal of constructive notice to treat.

s.119 Meaning of “owner-occupier” and “resident owner-occupier”.

s.120 “Appropriate authority” for purposes of Chapter II.

Part 6

Enforcement

32 of 43 sections shown

s.123 Expressions used in connection with enforcement.

s.125 Power to require information about activities on land.

amended 7 times (opens in a new tab)

s.126 Penalties for non-compliance with planning contravention notice. Prosecution

Fail to comply with planning contravention noticeAny Person
Fail to comply with planning contravention notice (or give false statement)Any Person

Unlimited fine · amended 2 times (opens in a new tab)

s.128 Contents and effect of notice. Regulated

Other duties (1) — Crown / regulator

Local Authority must issue detailed and clear enforcement noticesLocal authority

s.130 Appeal against enforcement notice.

s.131 Appeals: supplementary provisions.

s.133 Grant or modification of planning permission on appeal against enforcement notice.

s.134 Validity of enforcement notices.

s.135 Execution and cost of works required by enforcement notice. Prosecution

Wilfully obstruct enforcement action under planning noticeAny Person
Wilfully obstruct planning authority’s enforcement workAny Person

Fine up to £1,000 · amended 6 times (opens in a new tab)

s.136 Offence where enforcement notice not complied with. Prosecution

Fail to comply with planning enforcement noticeAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.136 Fixed penalty notice where enforcement notice not complied with

amended 2 times

s.137 Effect of planning permission etc. on enforcement or breach of condition notice.

s.138 Enforcement notice to have effect against subsequent development. Prosecution

Rebuild removed structures without planning permissionAny Person
Unauthorised reinstatement of works after an enforcement noticeAny Person

Fine up to £5,000 · amended 3 times (opens in a new tab)

s.140 Stop notices.

s.141 Stop notices: supplementary provisions.

s.143 Compensation for loss due to stop notice.

s.144 Penalties for contravention of stop notice. Prosecution

Contravene a stop noticeAny Person
Fail to comply with a stop noticeAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.144 Temporary stop notices

amended 2 times

s.144 Temporary stop notices: restrictions Regulated

Other duties (1) — Crown / regulator

Local Authority must follow restrictions when issuing temporary stop noticesLocal authority

amended 2 times

s.144 Temporary stop notices: offences Prosecution

Fail to comply with a temporary stop noticeAny Person
Ignore a temporary stop notice on developmentAny Person

Unlimited fine · amended 2 times

s.144 Temporary stop notices: compensation

amended 2 times

s.145 Enforcement of conditions. Prosecution

Fail to comply with a breach of condition noticeAny Person

Unlimited fine · amended 3 times (opens in a new tab)

s.145 Fixed penalty notice where breach of condition notice not complied with

amended 3 times

s.146 Interdicts restraining breaches of planning control.

s.147 Enforcement etc. : register of notices Regulated

Other duties (1) — Crown / regulator

Local planning authorities must maintain a public register of noticesLocal authority

s.148 Penalties for contravention of orders under section 71 and Schedule 8. Prosecution

Breach planning control orders (section 71 / Schedule 8)Any Person
Use land in breach of planning enforcement orderAny Person

Unlimited fine

s.150 Certificate of lawfulness of existing use or development.

s.153 Offences. Imprisonment

Submit false or misleading information for planning certificateAny Person

s.154 Appeals against refusal or failure to give decision on application.

s.155 Further provisions as to appeals to the Secretary of State. Regulated

Other duties (1) — Crown / regulator

Secretary of State must notify planning authorities of appeal decisionsCrown / Minister / Government department

s.156 Right to enter without warrant.

amended 5 times (opens in a new tab)

s.158 Rights of entry: supplementary provisions. Imprisonment

Obstruct a planning inspector’s entryAny Person

11 other sections in this Part — procedural and definitional

s.124 Time limits.

s.127 Issue of enforcement notice.

s.129 Variation and withdrawal of enforcement notice.

s.132 General provisions relating to determination of appeals.

s.139 Power of Secretary of State to serve enforcement notice.

s.142 Power of the Secretary of State to serve stop notice.

s.149 Enforcement of orders under section 71 and Schedule 8.

s.151 Certificate of lawfulness of proposed use or development.

s.152 Certificates under sections 150 and 151: supplementary provisions.

s.157 Right to enter under warrant.

s.158 Enforcement charters

Part 7

Special Controls

24 of 31 sections shown

s.159 Planning permission to include appropriate provision for preservation and planting of trees. Regulated

Other duties (1) — Crown / regulator

Local authorities must ensure tree preservation and planting in planning grantsLocal authority

s.160 Power to make tree preservation orders.

amended 7 times (opens in a new tab)

s.161 Form of and procedure applicable to orders.

s.161 Imminent danger to trees: entry to affix copy of tree preservation order

amended 3 times

s.162 Tree preservation: Forestry Commissioners

s.163 Provisional tree preservation orders.

s.164 Power for Secretary of State to make tree preservation orders.

s.166 Compensation in respect of requirement as to replanting of trees.

s.167 Replacement of trees. Regulated

Replace protected trees that are removed, destroyed, or dieLandlord

s.168 Enforcement of duties as to replacement of trees.

s.169 Appeal against section 168 notice.

amended 10 times (opens in a new tab)

s.170 Execution and cost of works required by section 168 notice. Prosecution

Obstruct planning authority’s tree‑plantingAny Person

Fine up to £1,000

s.171 Penalties for non-compliance with tree preservation order. Prosecution

Breach of tree preservation orderAny Person
Cut down or damage a protected tree without permissionAny Person

Unlimited fine

s.172 Preservation of trees in conservation areas. Regulated

Damage or remove trees in a conservation area without consentAny Person
Unauthorised work on protected trees in conservation areasAny Person

s.174 Enforcement of controls as respects trees in conservation areas. Regulated

Replace trees removed or destroyed in conservation areasLandlord

s.175 Register of section 172 notices. Regulated

Other duties (1) — Crown / regulator

Planning authority must maintain a public register of tree noticesLocal authority

s.178 Rights of entry: supplementary provisions. Prosecution

Obstruct a planning inspector’s right of entryAny Person

Fine up to £1,000

s.180 Appeal against notice under section 179.

s.181 Register of notices under section 179. Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain a public register of land maintenance noticesLocal authority

s.182 Regulations controlling display of advertisements. Regulated

Other duties (1) — Crown / regulator

Secretary of State must create regulations for advertisement displaysCrown / Minister / Government department

s.183 Power to make different advertisement regulations for different areas. Regulated

Other duties (1) — Crown / regulator

Secretary of State must follow specific procedures when restricting advertisingCrown / Minister / Government department

s.184 Planning permission not needed for advertisements complying with regulations.

s.186 Enforcement of control as to advertisements. Prosecution

Display advertisement contrary to planning regulationsAny Person
Display advertisement in breach of regulationsAny Person

Unlimited fine · amended 5 times (opens in a new tab)

s.s.a159 Forestry and woodland strategy Regulated

Other duties (1) — Crown / regulator

Planning authorities must prepare and publish a forestry and woodland strategyLocal authority

7 other sections in this Part — procedural and definitional

s.165 Compensation in respect of tree preservation orders.

s.173 Power to disapply section 172.

s.176 Rights to enter without warrant.

s.177 Right to enter under warrant.

s.179 Notice requiring proper maintenance of land.

s.185 Repayment of expense of removing prohibited advertisements.

s.187 Power to remove or obliterate placards and posters.

Part 8

Acquisition and Appropriation of Land for Planning Purposes etc.

11 of 14 sections shown

s.188 Acquisition of land by agreement.

s.189 Compulsory acquisition of land in connection with development and for other planning purposes.

s.190 Compulsory acquisition of land by Secretary of State for the Environment.

s.191 Disposal of land held for planning purposes.

s.193 Development of land held for planning purposes.

s.194 Extinguishment of rights over land compulsorily acquired.

amended 13 times (opens in a new tab)

s.195 General vesting declarations.

s.196 Power to override servitudes and other rights.

s.197 Provisions as to churches and burial grounds.

s.198 Use and development of land for open spaces.

s.199 Displacement of persons from land acquired or appropriated. Regulated

Other duties (1) — Crown / regulator

Local Authority must provide alternative housing for displaced residentsLocal authority

3 other sections in this Part — procedural and definitional

s.192 Disposal by Secretary of State of land acquired under section 190.

s.200 Modification of incorporated enactments for purposes of this Part.

s.201 Interpretation of this Part.

Part 9

Roads, Footpaths and Rights of Way

8 of 12 sections shown

s.202 Roads affected by development: orders by Secretary of State.

s.203 Order extinguishing right to use vehicles on road.

amended 7 times (opens in a new tab)

s.205 Provision of amenity for road reserved to pedestrians.

s.206 Extinguishment of public rights of way over land held for planning purposes.

s.207 Roads affected by development: orders by planning authorities.

s.208 Footpaths and bridleways affected by development: orders by planning authorities.

s.211 Concurrent proceedings in connection with roads.

amended 9 times (opens in a new tab)

s.212 Electronic communications apparatus.

4 other sections in this Part — procedural and definitional

s.204 Compensation for orders under section 203.

s.209 Procedure for making and confirming orders by Secretary of State and planning authorities.

s.210 Recovery of costs of making orders.

s.213 Temporary stopping up of roads, footpaths and bridleways for mineral workings.

Part 10

Statutory Undertakers

20 of 23 sections shown

s.214 Meaning of “statutory undertakers”.

amended 9 times (opens in a new tab)

s.215 Meaning of “operational land”.

amended 9 times (opens in a new tab)

s.216 Cases in which land is to be treated as not being operational land.

s.217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.218 Applications for planning permission by statutory undertakers.

s.220 Development requiring authorisation of government department.

s.221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

s.224 Extinguishment of rights of statutory undertakers: preliminary notices.

s.225 Extinguishment of rights of telecommunications code system operators: preliminary notices.

s.226 Notice for same purposes as sections 224 and 225 but given by undertakers to developing authority.

s.227 Orders under sections 224 and 225.

s.228 Extension or modification of functions of statutory undertakers.

s.229 Procedure in relation to orders under section 228. Regulated

Other duties (1) — Crown / regulator

Planning authority must publish notice of representation on undertaker functionsLocal authority

s.230 Relief of statutory undertakers from obligations rendered impracticable. Regulated

Publicise representations for relief from statutory obligationsStatutory Undertaker

s.231 Objections to orders under sections 228 and 230.

amended 11 times (opens in a new tab)

s.232 Right to compensation in respect of certain decisions and orders.

s.233 Measure of compensation to statutory undertakers etc.

s.235 Procedure for assessing compensation.

amended 19 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.219 Conditional grants of planning permission.

s.234 Exclusion of section 233 at option of statutory undertakers.

s.236 Special provisions as to display of advertisements on operational land.

Part 11

Validity

4 of 5 sections shown

s.237 Validity of development plans and certain orders, decisions and directions.

s.238 Proceedings for questioning validity of development plans and certain schemes and orders.

amended 17 times (opens in a new tab)

s.239 Proceedings for questioning the validity of other orders, decisions and directions.

s.240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

amended 10 times (opens in a new tab)

1 other section in this Part — procedural and definitional

s.241 Special provisions as to orders subject to special parliamentary procedure.

Part 12

Crown Land

13 of 16 sections shown

s.242 Preliminary definitions.

s.242 Urgent Crown development: application

amended 10 times

s.243 Control of development on Crown land: special enforcement notices.

s.244 Supplementary provisions as to special enforcement notices.

s.245 Exercise of powers in relation to Crown land.

s.245 Enforcement in relation to the Crown Regulated

Other duties (1) — Crown / regulator

Local authorities must obtain consent before enforcing on Crown landLocal authority

amended 1 time

s.245 References to an interest in land

amended 1 time

s.246 Agreements relating to Crown land.

s.247 Supplementary provisions as to Crown interest.

s.247 Applications for planning permission by Crown

amended 2 times

s.248 Application for planning permission etc. in anticipation of disposal of Crown land.

s.249 Tree preservation orders in anticipation of disposal of Crown land.

s.250 Requirement of planning permission for continuance of use instituted by the Crown.

amended 23 times (opens in a new tab)

3 other sections in this Part — procedural and definitional

s.241 Application to the Crown

s.251 Enforcement in respect of war-time breaches of planning control by the Crown.

s.251 National planning improvement co-ordinator

Part 13

Financial Provisions

6 of 11 sections shown

s.252 Fees for planning applications etc.

s.253 Grants for research and education.

s.253 Grants for advice and assistance

amended 1 time

s.254 Contributions by Ministers towards compensation paid by planning authorities.

s.255 Contributions by local authorities and statutory undertakers.

s.261 Expenses of, and borrowing by, local authorities.

5 other sections in this Part — procedural and definitional

s.256 Assistance for acquisition of property where objection made to blight notice in certain cases.

s.257 Recovery from acquiring authorities of sums paid by way of compensation.

s.258 Sums recoverable from acquiring authorities reckonable for purposes of grant.

s.259 Financial provision.

s.260 General provision as to receipts of Secretary of State.

Part 14

Miscellaneous and General Provisions

24 of 28 sections shown

s.262 Power to modify Act in relation to minerals.

s.263 Application of certain provisions to planning authorities.

s.263 National Scenic Areas

amended 3 times

s.263 National Scenic Areas: report on consultation Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must report on National Scenic Area consultationsCrown / Minister / Government department

amended 3 times

s.264 Natural Heritage Areas.

s.264 National Parks Regulated

Other duties (1) — Crown / regulator

Authorities must follow the National Park Plan for planning decisionsLocal authority

amended 1 time

s.265 Local inquiries. Imprisonment

Fail to attend or produce documents for a local planning inquiryAny Person
Fail to attend planning inquiry or produce documentsAny Person

3 months imprisonment · amended 1 time (opens in a new tab)

s.265 Planning inquiries to be held in public subject to certain exceptions

amended 1 time

s.266 Orders as to expenses of parties where no local inquiry held.

s.267 Appeals and applications under this Act: procedure etc.

s.269 Rights of entry.

s.270 Supplementary provisions as to rights of entry. Prosecution

Obstruct a person exercising entry powersAny Person

Fine up to £1,000 · amended 3 times (opens in a new tab)

s.270 Rights of entry: Crown land

amended 3 times

s.270 Equal opportunities Regulated

Other duties (1) — Crown / regulator

Ministers and planning authorities must promote equal opportunitiesCrown / Minister / Government department

amended 3 times

s.271 Service of notices.

amended 20 times (opens in a new tab)

s.271 Service of notices on the Crown

amended 8 times

s.272 Power to require information as to interests in land. Prosecution

Fail to provide or misstate required land‑interest informationOccupier
Fail to reply to council request for land interest infoOccupier

Unlimited fine · amended 7 times (opens in a new tab)

s.272 Information as to interests in Crown land

amended 7 times

s.273 Offences by corporations. Imprisonment

Personal liability for company directors and officersDirector or Officer

2 years imprisonment · amended 3 times (opens in a new tab)

s.275 Regulations and orders.

s.275 Further provision as regards regulations: inquiries etc.

amended 20 times

s.275 Directions

amended 20 times

s.276 Act not excluded by special enactments.