Town and Country Planning (General Development) (Scotland) Order, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/1361 |
| Year | 1959 |
1959 No. 1361 (S. 79)
PLANNING AND CONTROL OF DEVELOPMENT
The Town and Country Planning (General Development) (Scotland) Order, 19597thAugust 1959
13thAugust 1959
16thAugust 1959
In exercise of the powers conferred on me by section 11 of the Town and Country Planning (Scotland) Act, 1947(a) and sections 8, 35 and 36 of the Town and Country Planning (Scotland) Act, 1959(b), and of all other powers enabling me in that behalf, I hereby order as follows:—
Application, citation and commencement
1.—(1) This order shall apply to all land in Scotland:
Provided that in the event of a special development order being made in relation to any such land this order shall apply thereto to such extent only and subject to such modifications as may be specified in the special order.
(2) This order may be cited as the Town and Country Planning (General Development) (Scotland) Order, 1959, and the Town and Country Planning (General Development) (Scotland) Order, 1950(c), the Town and Country Planning (General Development) (Scotland) (Amendment) Order, 1958(d), and this order may be cited together as the Town and Country Planning (General Development) (Scotland) Orders, 1950 to 1959.
(3) This order shall come into operation on the 16th day of August, 1959.
Interpretation
2.—(1) In this order, unless the context otherwise requires, the following expressions having the meanings respectively assigned to them, namely:—
"the Act of 1959" means the Town and Country Planning (Scotland) Act, 1959, and
"the parties directly concerned" has the meaning assigned to that expression by subsection (10) of section 5,
and a section referred to by number is the section so numbered in the Act of 1959.
(2) The Interpretation Act, 1889(e) shall apply to the interpretation of this order as it applies to the interpretation of an Act of Parliament.
Application for and issue of certificates
3.—(1) An application to a local planning authority for a certificate under section 5 shall be in writing and shall (as well as complying with the require-
(b) 7 & 8 Eliz. 2. c. 70.
(c) S.I. 1950/942 (1950 II, p. 1107).
(d) S.I. 1958/1653 (1958 II, p. 2331).
(e) 52 & 53 Vict. c. 63.
ments of subsection (3) of section 5) include a plan or map sufficient to identify the land to which the application relates.
(2) The time within which a certificate is to be issued by a local planning authority shall, subject to the provisions of subsection (4) of section 5, be the period of two months from the date of receipt of such an application by them.
(3) If a local planning authority issue a certificate otherwise than for the class or classes of development specified in the application made to them, or contrary to representations in writing made to them by a party directly concerned, they shall in that certificate include a statement in writing of their reasons for so doing and of the rights of appeal to the Secretary of State given by section 6 and this order.
(4) The local planning authority shall send a copy of every certificate issued by them to the town council of every burgh in which is situated any part of the land to which the certificate relates.
Appeals
4.—(1) The time for giving notice of an appeal under section 6 shall be the period of one month from the date of receipt of the certificate or of the expiry of the time or extended period mentioned in subsection (3) of that section, as the case may be.
(2) Notice of appeal shall be given in writing to the Secretary of State and a copy of such notice shall be sent by the appellant (a) to the local planning authority, and (b) to the other of the parties directly concerned.
(3) The appellant shall within one month of giving notice of appeal, or such longer period as the Secretary of State may in any particular case allow, furnish to the Secretary of State one copy of the application to the local planning authority, and of the certificate (if any) issued by the local planning authority, together with a statement of the grounds of appeal.
(4) If an appellant does not within the time limited under the last preceding paragraph furnish to the Secretary of State the copies of the documents thereby required, the appeal shall be treated as withdrawn.
Information as to certificates, etc.
5. A local planning authority shall, on a request in writing by any person appearing to them to have an interest in land which is the subject of a certificate under section 5 or section 7 or of an application for such a certificate, furnish to such person (a) the name and address of the applicant for the certificate and the date of the application, and (b) a copy of the certificate, if any.
Publication of general requirements
6. If a local planning authority on issuing a certificate specify conditions by reference to general requirements formulated by them under subsection (6) of section 5, the authority shall supply with such certificate and every copy thereof a copy of those requirements (or of so much thereof as is relevant to the certificate) unless, before the certificate is issued the requirements in question have been made available to the public by depositing them for public inspection at all reasonable hours at the offices of the local planning authority and at the offices of every town council or district council within the area of that authority.
7.—(1) Where a public authority possessing compulsory purchase powers—
(a) propose to acquire the dominium utile of any land (where the land or part thereof does not consist or form part...
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