Town and Country Planning (Scotland) Act 1947

Town and Country Planning (Scotland) Act 1947[a]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make fresh provision with respect to Scotland for planning the development and use of land, for the grant of permission to develop land and for other powers of control over the use of land; to confer on public authorities additional powers in respect of the acquisition and development of land for planning and other purposes, and to amend the law relating to compensation in respect of the compulsory acquisition of land; to provide for payments out of central funds in respect of depreciation occasioned by planning restrictions; to secure the recovery for the benefit of the community of development charges in respect of certain new development; to provide for the payment of grants out of central funds in respect of expenses of local planning authorities in connection with the matters aforesaid; and for purposes connected with the matters aforesaid.
Citation10 & 11 Geo. 6. c. 53
Territorial extent Scotland[b]
Dates
Royal assent13 August 1947
Commencement1 July 1948[c]
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Relates to
Status: Partially repealed
Text of statute as originally enacted
Revised text of statute as amended
Text of the Town and Country Planning (Scotland) Act 1947 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Town and Country Planning (Scotland) Act 1947 (10 & 11 Geo. 6. c. 53) is an act of the Parliament of the United Kingdom that made fresh provision relating to planning the development and use of land in Scotland.[1]

The Town and Country Planning Act 1947 (10 & 11 Geo. 6. c. 51) made equivalent provision for England and Wales.

Provisions

Repealed enactments

Section 109(2) of the act repealed 28 enactments, listed in parts I and II of the ninth schedule to the act, respectively.[2]

Part I - as from the passing of the act
Citation Short title Extent of repeal
8 & 9 Geo. 6. c. 33 Town and Country Planning (Scotland) Act 1945 In section twenty-three, in subsection (2) the words from "and section fifty-three" to the end of the subsection; in section twenty-five, in paragraph (b) of subsection (2), the words from "including," to the end of the paragraph; sections fifty-three to fifty-eight; in section sixty-one, the words "except in so far as is otherwise provided by this Act"; in the Sixth Schedule, in sub-paragraph (4) of paragraph 1, the words "(and as amended by Part II of this Act)", and in sub-paragraph (1) of paragraph 5 the words "or the amount of any sum payable as a supplement thereto" and the words "together, if any sum is payable as a supplement thereto, with the amount of that sum"; and the Seventh and Eighth Schedules.
8 & 9 Geo. 6. c. 43 Requisitioned Land and War Works Act 1945 In section forty-one, subsection (7), and paragraph (c) of subsection (8).
9 & 10 Geo. 6. c. 68 New Towns Act 1946 In section four, in subsection (7) the words from "and that Part II" to the end of the subsection, and in section twenty-five, paragraph (d) of subsection (6).
9 & 10 Geo. 6. c. 70 Civil Aviation Act 1946 In the Third Schedule, paragraph 10, and sub-paragraph (c) of paragraph 14; in the Fourth Schedule, paragraphs 4 and 5, paragraph (b) of the proviso to paragraph 6, and sub-paragraphs (b) to (d) of paragraph 14; and in the Sixth Schedule, paragraphs 2 and 3, paragraph (o) of the proviso to paragraph 4, and sub-paragraphs (a) to (c) of paragraph 8.
Part II - as from the appointed day
Citation Short title Extent of repeal
52 & 53 Vict. c. 27 Advertising Stations (Rating) Act 1889 Section five.
3 Edw. 7. c. 33 Burgh Police (Scotland) Act 1903 Sections seventy-six, seventy-seven and seventy-eight, and paragraph (b) of section ninety-three.
7 Edw. 7. c. 27 Advertisements Regulation Act 1907 The whole act.
15 & 16 Geo. 5. c. 52 Advertisements Regulation Act 1925 The whole act.
15 & 16 Geo. 5. c. 68 Roads Improvement Act 1925 In section five, the proviso to subsection (7), and in section twelve, in paragraph (a) the words from "and a reference" to the end of the paragraph.
18 & 19 Geo. 5. c. 32 Petroleum (Consolidation) Act 1928 Section eleven and paragraph (2) of section twenty-four.
20 & 21 Geo. 5. c. 40 Housing (Scotland) Act 1930 In section twelve, in subsection (2), the words "and of any planning scheme in operation in the area."

In section eighteen, in subsection (2), and in section twenty-one, in subsection (3), the words "and of any town planning scheme in operation in the area." In section forty-nine, in subsection (1), the definition of "town planning scheme".

21 & 22 Geo. 5. c. 16 Ancient Monuments Act 1931 Section two and in section sixteen, in subsection (1), the words from "the Town Planning (Scotland) Act, 1925" to the words "the Town Planning Act, 1925", and subsection (4).
22 & 23 Geo. 5. c. 49 Town and Country Planning (Scotland) Act 1932 The whole act.
25 & 26 Geo. 5. c. 41 Housing (Scotland) Act 1935 In section seventeen, in subsection (3), the words "and of any planning scheme in operation in the area."

In the Fifth Schedule, in Part I, in the subsection substituted for subsection (2) of section twelve of the Housing (Scotland) Act 1930, the words "and of any planning scheme in operation in the area." Part II of the Fifth Schedule so far as relating to section forty-nine of the Housing (Scotland) Act 1930.

25 & 26 Geo. 5. c. 47 Restriction of Ribbon Development Act 1935 Sections one to three; sections five to twelve; in paragraph (a) of subsection (3) of section thirteen the words from "or which is for the time being" to the end of that paragraph; section fifteen; subsection (2) of section nineteen; subsection (1) of section twenty-three; subsection (1) of section twenty-four except the definitions of "building", "chief officer of police", "land", "middle of the road", "Minister", "owner", "place of public resort", "proposed road", "road", and "statutory undertakers", and subsection (2) of that section; and the First, Second and Third Schedules.
1 Edw. 8 & 1 Geo. 6. c. 5 Trunk Roads Act 1936 Subsections (2) to (5) of section four, and in the Fourth Schedule, paragraphs 1 to 4, and in paragraph 5, the words from "subject to restrictions in force" to the words "expenses incurred in so doing", and the proviso to that paragraph.
2 & 3 Geo. 6. c. 22 Camps Act 1939 Subsection (2) of section three; in section seven, in paragraph (a), the words from "for references to the Town and Country Planning Act, 1925," to the words "Town and Country Planning (Scotland) Act, 1932".
2 & 3 Geo. 6. c. 31 Civil Defence Act 1939 Section seventy, and in section ninety-one, in subsection (17), the words from "and for any reference to the Town and Country Planning Act, 1932," to the words "the Town and Country Planning (Scotland) Act, 1932".
6 & 7 Geo. 6. c. 34 Restriction of Ribbon Development (Temporary Development) Act 1943 The whole act.
6 & 7 Geo. 6. c. 43 Town and Country Planning (Interim Development) (Scotland) Act 1943 The whole act except section thirteen.
9 & 10 Geo. 6. c. 18 Statutory Orders (Special Procedure) Act 1945 The Second Schedule so far as relating to sections thirteen to fifteen, thirty-four and thirty-five of, and the Second and Third Schedules to, the Town and Country Planning (Scotland) Act 1945.
8 & 9 Geo. 6. c. 33 Town and Country Planning (Scotland) Act 1945 Sections one to seventeen; subsections (3) and (7) of section nineteen; section twenty; sections thirty to forty-five; section forty-seven; section forty-nine; section fifty A except subsection (4); sections fifty-one and fifty-two; section sixty; in subsection (1) of section sixty-two the definitions of "clearing", "first local advertisement", "interim development application", "interim development authority", "loan charges", "local highway authority", "planning scheme", "purchase order providing for expedited completion", "Valuation Office", "valuation roll" and "war damage"; sub-paragraphs (1)(a), (1)(b) and (1)(d) of paragraph 1 and the word "or," at the end of sub-paragraph (a2) and sub-paragraph (b) of paragraph 3 of the First Schedule; the Second and Third Schedules; the Fifth Schedule except paragraph 8; and in paragraph 12 of the Sixth Schedule the words from "and references to the confirmation," to the end of the paragraph.
8 & 9 Geo. 6. c. 36 Distribution of Industry Act 1945 Sections six, nine and ten.
9 & 10 Geo. 6. c. 30 Trunk Roads Act 1946 In section three, the proviso to subsection (2), and subsection (3); in section four, in subsection (2), the words from "and without prejudice" to the end of the subsection; in section eight, subsection (2); in section twelve, subsection (2); in section fourteen, subsection (2); and in the Third Schedule, in the amendment of section four of the Trunk Roads Act 1936, the words from the beginning to "as the case may be".
9 & 10 Geo. 6. c. 35 Building Restrictions (War-Time Contraventions) Act 1946 Subsection (2) of section four.
9 & 10 Geo. 6. c. 49 Acquisition of Land (Authorisation Procedure) Act 1946 The Fourth Schedule so far as relating to the Town and Country Planning (Scotland) Act 1932.
9 & 10 Geo. 6. c. 68 New Towns Act 1946 Subsections (3) and (4) of section three, and the Third Schedule.
10 & 11 Geo. 6. c. 42 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Paragraph (f) of subsection (4) of section one; in section two, in subsection (1), the words "or of the Town and Country Planning (Scotland) Act 1945"; and in subsection (4) the words "the Town and Country Planning (Scotland) Act, 1945"; and in the Second Schedule, in paragraph 8, the words from "for subsection (4) of section seventeen of the Town and Country Planning (Scotland) Act, 1945" to the end of the paragraph.

Subsequent developments

The majority of the provisions of the act were repealed by section 277 of, and schedule 23 to, the Town and Country Planning (Scotland) Act 1972 (1972 c. 52), which received royal assent on 27 July 1972.[3] Sections 44(1) and 45 were subsequently repealed by the Roads (Scotland) Act 1984 (1984 c. 54).[4]

Notes

  1. ^ Section 114(1).
  2. ^ Section 114(3).
  3. ^ Section 114(2).

References

  1. ^ de Smith, S. A. (1948). "Town and Country Planning Act, 1947". The Modern Law Review. 11 (1): 72–81. ISSN 0026-7961.
  2. ^ "Town and Country Planning (Scotland) Act 1947", legislation.gov.uk, The National Archives, Geo6/10-11 c. 53
  3. ^ "Town and Country Planning (Scotland) Act 1972", legislation.gov.uk, The National Archives, 1972 c. 52
  4. ^ "Roads (Scotland) Act 1984", legislation.gov.uk, The National Archives, 1984 c. 54
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