Town and Country Planning (Scotland) Act 1954, and the Town and Country Planning (Scotland) Acts, 1947 and 1951, the Town and Country Planning Act 1953
| Jurisdiction | UK Non-devolved |
| Citation | 1954 c. 73 |
| Year | 1954 |
Town and Country Planning (Scotland) Act, 1954
(2 & 3 Eliz. 2) 73
An Act to make provision with respect to Scotland for compensation and other payments by reference to claims for payments under section fifty-five of the Town and Country Planning (Scotland) Act, 1947; to make further provision as to the acquisition of land by public authorities, as to compensation in respect of orders revoking or modifying permission to develop land and in respect of damage to requisitioned land, as to development charges, as to Exchequer grants under the said Act of 1947, and as to payments under section fifty-six of that Act, and to amend other provisions of that Act; to make further provision for the modification of mining leases and orders granting working rights; to make further provision for the assessment under section one hundred and eight of the Lands Clauses Consolidation (Scotland) Act, 1845, of the consideration payable in respect of the discharge of acquired land from feu-duty and ground annuals and other burdens; to provide for the transfer of the functions in Scotland of the Central Land Board, on the dissolution of that Board, to the Secretary of State; and for purposes connected with the matters aforesaid.
Be it enacted by the Queen'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:—
Part I
Special Payments for Depreciation of Land Values
1 Payments by reference to established claims.
(1) The provisions of this Part of this Act shall have effect for requiring payments to be made by the Central Land Board, by reference to claims established under Part V of the Town and Country Planning (Scotland) Act, 1947 (in this Act referred to as ‘the principal Act’), in cases where the land, or part of the land, in respect of which such a claim was established, or the interest in land to which such a claim related, or the benefit, or part of the benefit, of such a claim, has before the commencement of this Act been the subject of an act or event such as is specified in any of those provisions.
(2) The claims referred to in the preceding subsection are claims for payments under the scheme which, but for the provisions of section two of the Town and Country Planning Act, 1953 (in this Act referred to as ‘the Act of 1953’), would have fallen to be made under section fifty-five of the principal Act (which provided for payments in respect of depreciation of land values in accordance with a scheme to be made under that section).
(3) A claim for such a payment in respect of an interest in land shall for the purposes of this Act be taken to have been established in respect of that land under Part V of the principal Act if an amount was determined under the said Part V, or is so determined after the commencement of this Act, as being the development value of the interest to which the claim related, and payment in respect of that interest would not have been excluded—
(a ) by section sixty of the principal Act (which excluded claims where the development value was small in proportion to the area, or to the restricted value, of the land), or
(b ) by any of sections seventy-nine to eighty-two of the principal Act (which relate to certain land belonging to local authorities, local planning authorities, development corporations and statutory undertakers, and to land held for charitable purposes), or
(c ) by section eighty-one of the principal Act as applied by regulations under section eighty-six of that Act (which relates to the National Coal Board).
(4) In this Act the expression ‘established claim’ means a claim which by virtue of the last preceding subsection is to be taken to have been established as mentioned in that subsection, and references to the establishment of a claim shall be construed accordingly; and the expression ‘the claim area’, in relation to an established claim, means the land in respect of which the claim is by virtue of that subsection to be taken to have been established.
(5) References in this Act to the benefit of an established claim—
(a ) in relation to any time before the passing of the Act of 1953, whether before or after the making of the claim, or before or after the establishment thereof, shall be construed as references to the prospective right, under and subject to the provisions of the scheme referred to in subsection (2) of this section, to receive a payment in respect of the interest in land to which the claim related, and
(b ) in relation to any time after the passing of the Act of 1953 (whether before or after the commencement of this Act), shall be construed as references to such prospective right to the satisfaction of the claim as subsisted immediately before the commencement of this Act by virtue of section two of that Act,
and references to part of the benefit of an established claim shall be construed accordingly.
(6) References in this Act to the amount of an established claim are references to the amount determined, whether before or after the commencement of this Act, under Part V of the principal Act as being the development value of the interest in land to which the claim related:
Provided that the provisions of the First Schedule to this Act shall have effect for the purpose of determining that amount; and where that amount was determined at a time before the commencement of this Act as an amount less or greater than it would have been if those provisions had at that time had effect in relation thereto, that determination shall be deemed not to have been made.
2 Claim holdings, their areas and values, andapportionment of values between parts of areas.
(1) Subject to the provisions of this Act, references therein to a claim holding are references to the benefit of an established claim, references to the area of a claim holding are references to the land which, in relation to the established claim constituting that holding, is the claim area, and references to the value of a claim holding are references to the amount of the established claim constituting that holding.
(2) The provisions—
(a ) of the Second Schedule to this Act, relating to cases where a claim holding was assigned to the Central Land Board, and
(b ) of the Third Schedule to this Act, relating to cases where a claim holding related to an interest in land and a payment has become, or becomes, payable under section fifty-six of the principal Act (which provides for payments in respect of certain war-damaged land) in respect of the like interest in the whole or part of that land with or without any other land,
shall have effect for extinguishing the claim holding, or reducing the value thereof, or for treating the claim holding as divided into two or more claim holdings and extinguishing any of those holdings or reducing the value thereof.
(3) Where by virtue of any transmission of part of the benefit of an established claim different persons became entitled to different parts of that benefit, then, as from the date of that transmission (in this subsection referred to as ‘the relevant transmission’), each of those different parts shall be treated as having constituted a separate claim holding, and the area and value of each of those separate holdings at any material time after the relevant transmission shall be taken to have been such as may, on the occasion of an apportionment affecting that holding falling to be made for any of the purposes of this Act, be determined by the authority making the apportionment or, where that authority's determination is referred to the Lands Tribunal under any provision of this Act, by that Tribunal, to be just and appropriate in all the circumstances; and in making their determination the authority or Tribunal shall in particular have regard to the following principles, that is to say—
(a ) that the aggregate of the values of all claim holdings representing parts of the benefit of the same established claim shall not exceed the amount of that established claim;
(b ) that, subject to the preceding paragraph, where a claim holding representing part only of the benefit of an established claim has been assigned to the Central Land Board within the meaning of the Second Schedule to this Act, otherwise than as is mentioned in paragraph 2 of that Schedule, and by virtue of that Schedule any deduction falls to be made from the value of that claim holding by reference to an amount due by way of development charge, the value of that holding at the time of the assignation shall not be taken to have been less than the amount secured by the assignation;
(c ) that, in the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant transmission, not being a claim holding to which paragraph (d ) of this subsection applies—
(d ) that where any person who has been entitled to a claim holding representing part only of the benefit of an established claim—
(i) at any time while so entitled has also been entitled to the interest in land to which...
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