Town and Country Planning (Interim Development) (Scotland) Act 1943
| Jurisdiction | UK Non-devolved |
| Citation | 1943 c. 43 |
Town and Country Planning (Interim Development) (Scotland) Act, 1943
(6 & 7 Geo. 6.) CHAPTER 43.
An Act to bring under planning control land in Scotland which is not subject to a scheme or resolution under the Town and Country Planning (Scotland) Act, 1932; to secure more effective control of development in Scotland pending the coming into operation of planning schemes; to provide for the transfer to the Secretary of State of certain statutory functions; and for purposes connected with the matters aforesaid.
[11th November 1943]
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:—
1 Application of planning resolutions to land not already subject to planning schemes or resolutions.
(1) After the expiration of the period of three months beginning with the date of the commencement of this Act, all land which is not already the subject of a scheme in force under the principal Act or any enactment thereby repealed, or of a resolution in force under that Act to prepare or adopt such a scheme, shall be subject to a resolution to prepare a scheme under that Act, which shall be deemed to have been duly passed by the local authority for the district in which the land is situated and to have been approved by the Secretary of State and to have taken effect accordingly at the expiration of that period:
Provided that the Secretary of State may, by order made at any time before the expiration of the said period, direct that this section shall have effect in relation to any land specified in the order as if for the reference to the local authority for the district in which the land is situated there were substituted a reference to such other local authority or joint committee as may be so specified.
(2) It shall not be necessary to publish or serve upon any person notice of a resolution to prepare a scheme which takes effect by virtue of this section, or to compile a register for the purposes of the scheme to be made in pursuance thereof, and accordingly the provisions of section seven of the principal Act shall not apply in relation to any such resolution.
2 Refusal and postponement of interim development applications.
(1) The proviso to subsection (3) of section ten of the principal Act (which requires that applications for permission to develop land made under an interim development order must in certain cases be granted or granted unconditionally) shall cease to have effect.
(2) An interim development authority may, by a notice of postponement served in the prescribed manner on the applicant, postpone the consideration of any interim development application either generally or during such period as may be specified in the notice, unless the applicant shows to their satisfaction that the proposed development would be carried out immediately if the application were granted:
Provided that—
(a ) the applicant may appeal against any such notice to the Secretary of State by giving notice of appeal within twenty-eight days from the date of the service on the applicant of the notice of postponement, and the Secretary of State, if satisfied that the development would be carried out immediately if the application were granted, shall by order cancel the notice of postponement;
(b ) if with respect to any interim development application it appears to the Secretary of State that there are exceptional reasons requiring the immediate determination thereof, he may, without prejudice to his power to require the application to be referred to him for decision in accordance with the subsequent provisions of this Act, give directions requiring the interim development authority to determine the application, and, where a notice of postponement has been served with respect thereto, may by order cancel the notice.
(3) So much of subsection (3) of section ten of the principal Act as provides that any application for permission to develop land made under an interim development order shall be deemed to be granted unless it is refused within the period specified in that subsection shall cease to have effect, and any such application shall be deemed to be refused at the expiration of two months from the date of the receipt thereof unless within that period—
(a ) notice has been given to the applicant that the application has been determined by that authority or has been referred to the Secretary of State for decision in accordance with the subsequent provisions of this Act; or
(b ) the consideration of the application has been postponed by a notice of postponement under the last foregoing subsection;
and any such application of which the consideration has been so postponed for any period shall be deemed to be refused at the expiration of two months from the end of that period unless within those two months notice has been given to the applicant as aforesaid or its consideration has again been postponed by virtue of a further notice of postponement:
Provided that—
(i) any such period of two months may, at any time before the expiration thereof, be extended by agreement in writing made between the interim development authority and the applicant;
(ii) where a notice of postponement served with respect to any application is cancelled by an order made by the Secretary of State under this section, this subsection shall have effect in relation to the application as if for the reference therein to the date of the receipt of the application there were substituted a reference to the date of the order.
(4) In relation to any application which, under the provisions of this section, is deemed to be refused at the expiration of any period, the provisions of subsection (5) of section ten of the principal Act (which relates to appeals to the Secretary of State) shall have effect as if for the reference therein to the date on which the applicant received notice of the decision of the authority there were substituted a reference to the expiration of that period.
(5) Nothing in this section shall be construed as affecting the duty of an interim development authority—
(a ) to take into consideration with reasonable dispatch all interim development applications made to them, other than applications the consideration of which is postponed under the provisions of this section or which are referred to the Secretary of State for decision in accordance with the subsequent provisions of this Act; and
(b ) to give notice to the applicant of their decision upon the consideration of any such application, including, where the application is refused or granted subject to conditions, a statement of the reasons for their decision.
3 Temporary permissions for interim development.
(1) Where, on an interim development application, permission for the erection, construction or carrying out of any building or work, or for any use of any building or land, has been granted, whether before or after the commencement of this Act, for a limited period only, then, subject to the provisions of this section, the building, work or use shall not be deemed for the purposes of a scheme under the principal Act to be an existing building, an existing work or an existing use, as the case may be, by reason only of that permission.
(2) Where the period for which any such permission was granted has not expired on the date on which the scheme comes into operation, then, during the remainder of that period—
(a ) subsections (3) and (6) of section thirteen of the principal Act, and subsection (2) of section twenty of that Act (which make special provision, in the case of existing buildings, works and uses, with respect to the time for service of notice of action proposed to be taken under the said section thirteen, the recovery of expenses incurred in taking such action, and the payment of compensation in respect of any such action); and
(b ) any provision included in the scheme in accordance with paragraph (ii) of subsection (2) of section nineteen of the principal Act (which relates to the maintenance, alteration and replacement of existing buildings and the continuation of the existing use of such buildings),
shall apply in relation to the building, work or use, as the case may be, as those provisions apply in relation to existing buildings, existing works, or existing uses respectively:
Provided that, in calculating any compensation payable under the principal Act in respect of any exercise of the powers of the responsible authority under the said section thirteen in relation to the building, work or use, regard shall be had to the power of the responsible authority to take the like action, without payment of compensation, after the expiration of the said period.
(3) Where, in the exercise of any right conferred by a scheme as amended by the last foregoing subsection, a building is substituted for a building to which subsection (1) of this section applies, the foregoing provisions of this section shall have effect in relation to the substituted building as if it were the building for which it was substituted.
(4) The period for which any such permission was granted as aforesaid may be extended by the interim development authority on application made at any time before the expiration thereof; and the provisions of section six of this Act and of subsection (5) of section ten of the principal Act (which relates to appeals to the Secretary of State) shall apply to any such application as they apply to interim development applications.
(5) For the purposes of this Act, where permission for the erection, construction or carrying out of any building or work, or for any use of any...
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