Town and Country Planning (Scotland) Act 1932

JurisdictionUK Non-devolved
Citation1932 c. 49


Town and Country Planning (Scotland) Act, 1932

(22 & 23 Geo. 5.) CHAPTER 49.

An Act to authorise the making of schemes with respect to the development and planning of land in Scotland, whether urban or rural, and in that connection to repeal and re-enact with amendments, the enactments relating to town planning; to provide for the protection of rural amenities and the preservation of buildings and other objects of interest or beauty; to facilitate the acquisition of land in Scotland for garden cities; and to make other provision in connection with the matters aforesaid.

[12th July 1932]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Scope of Planning Schemes.

Scope of Planning Schemes.

S-1 Scope of planning schemes.

1 Scope of planning schemes.

1. A scheme may be made under this Act with respect to any land, whether there are or are not buildings thereon, with the general object of controlling the development of the land comprised in the area to which the scheme applies, of securing proper sanitary conditions, amenity and convenience, and of preserving existing buildings or other objects of architectural, historic or artistic interest and places of natural interest or beauty, and generally of protecting existing amenities whether in urban or rural portions of the area.

Authorities.

Authorities.

S-2 Local authority for purposes of Act.

2 Local authority for purposes of Act.

(1) Subject to the provisions of this section, the local authority for the purposes of this Act shall be, in the case of a large burgh, the town council thereof, and in the case of a county (including any small burghs therein) the county council, or, if the county is in combination with another county for the purposes mentioned in subsection (7) of section ten of the Local Government (Scotland) Act, 1929 , the joint county council of the combined county; and the district of the local authority shall be the burgh or the county or the combined county, as the case may be.

(2) Where, upon consideration of a representation by the town council of a small burgh, the Department, after consultation with the county council, are of opinion that it is expedient that the town council should have power to prepare a scheme with respect to any land within the burgh, the Department may, by order, transfer to the town council any of the powers and duties of the county council under this Act with respect to such land, and, where any power or duty has been so transferred, any reference in this Act to a local authority (other than in section forty-eight) shall, in relation to that power or duty, be construed as a reference to the town council.

(3) The Department may at any time revoke, vary, or amend any order made by them under this section.

(4) Any order made under this section may contain such incidental supplementary and consequential provisions as appear necessary for the purpose of the order.

S-3 Appointment of joint committees.

3 Appointment of joint committees.

(1) Where two or more authorities, being local authorities, are desirous of acting jointly in the preparation or adoption of a scheme, they may concur in appointing a joint committee for the purpose and in delegating, with or without restrictions, to that committee any powers, other than the power to borrow money or levy a rate, which any of the constituent authorities might exercise for the purpose, and in imposing on that committee any duties which any of the constituent authorities are required to discharge for the purpose.

(2) Every person appointed to represent a constituent authority on a joint committee must be a member of one at least of the constituent authorities, but the same person may be appointed to represent two or more of those authorities.

(3) A constituent authority may appoint their representative on a joint committee to serve as such for so long as he holds office as a member of any one of the constituent authorities, or for any shorter period.

(4) A joint committee may, with the consent of a majority of the constituent authorities, co-opt persons, whether members of a constituent authority or not, to serve as additional members of the committee, so, however, that at least three-fourths of the members of the joint committee shall be persons who are appointed members of that committee.

(5) A joint committee may appoint such and so many sub-committees, consisting either wholly or partly of members of the committee, as the committee think fit, so, however, that at least three-fourths of the members of a sub-committee shall be persons who are appointed members of the joint committee.

(6) The expenses of a joint committee shall be defrayed by the constituent authorities, or some or one of them, as they may agree, and if any question arises as to the authorities or authority by whom, or the proportions in which, any such expenses are to be defrayed, that question shall be determined by the Department.

S-4 Combination of authorities for purposes of schemes.

4 Combination of authorities for purposes of schemes.

(1) If it appears to the Department to be expedient that two or more authorities, being local authorities, should act jointly in the preparation or adoption of a scheme, they may, at the request of any one or more of them, by order provide for the constitution of a joint committee for the purpose and transfer to the committee any powers, other than the power to borrow money or levy a rate, and duties which any of the constituent authorities might exercise and discharge for the purpose:

Provided that, before making any such order, the Department shall, unless all the authorities affected thereby assent to the making thereof, cause a local inquiry to be held.

(2) An order under this section may provide for the application, with any necessary modifications, to the committee thereby constituted of any of the provisions of the last preceding section, and may, if it appears to the Department to be necessary, provide for the dissolution of any joint committee constituted under the foregoing provisions of this Act or any repealed enactment relating to town planning.

S-5 Power to alter constitution of joint committees.

5 Power to alter constitution of joint committees.

(1) Where a joint committee have been appointed, whether under section three or section four of this Act or under any repealed enactment relating to town planning, any local authority whose district adjoins the district of any of the constituent authorities shall at any time, if they desire to be represented on the joint committee and, if the Department consider that they ought to be so represented, be entitled to appoint such number of additional members of the committee and shall delegate to the committee such powers, other than the power to borrow money or levy a rate, and duties as may be agreed with the joint committee or, failing agreement, may be determined by the Department, and if at any time it appears to the Department to be expedient that any such local authority as aforesaid who have not claimed to be represented on the joint committee should be so represented, they may by order make such alteration in the constitution of the committee and transfer to the committee such of the powers, other than as aforesaid, and duties of the said local authority as they think fit.

(2) A local authority who by virtue of this section become represented on a joint committee shall for the purposes of subsections (2) to (6) of section three of this Act be deemed to be a constituent authority, but the alteration so made in the constitution of the committee shall not affect the identity of the committee, the validity of any previous proceedings thereof or the validity of any resolution previously passed by any of the constituent authorities.

Procedure with respect to Schemes.

Procedure with respect to Schemes.

S-6 Preparation or adoption of schemes.

6 Preparation or adoption of schemes.

(1) Subject to the provisions of this section, a local authority or a joint committee duly authorised in that behalf may, by resolution, decide—

(a ) to prepare a scheme with respect to any land within, or in the neighbourhood of, the district of the authority or, as the case may be, the districts of the constituent authorities; or

(b ) to adopt, with or without modifications, a scheme proposed by all or any of the owners of any such land.

(2) A resolution passed under the foregoing subsection shall not take effect unless and until it is approved by the Department, and the Department in giving their approval may vary the extent of the land to be included in the area to which the resolution is to apply, but the Department shall not approve any such resolution unless they are satisfied—

(a ) in the case of any land already built upon, that public improvements are likely to be made, or other development is likely to take place, within such a period of time and on such a scale as to make the inclusion of the land in a scheme expedient, or that the land comprises buildings or other objects of architectural, historic, or artistic interest, or that the land is so situate that the general object of the scheme would be better secured by its inclusion;

(b ) in the case of land which is neither already built upon nor in course of development, nor likely to be developed, that the land is so situated in relation to land which is already built upon, or in course of development, or on which development is likely to take place, as to make its inclusion in a scheme expedient, or that it comprises objects or places of natural interest or beauty:

Provided that nothing contained in this subsection shall prevent the Department from approving a resolution adopting a scheme comprising land in respect of which they are not satisfied...

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