- Acquisition Act 1947
means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
- Act of 1990
means the Town and Country Planning Act 1990
- advertisement
means any word, letter, model, sign, placard, board, notice awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the foregoing provisions of this definition), includes any hoarding or similar structure used or designed, or adapted for use and anything else used, or designed or adapted principally for use,, for the display of advertisements, and references to the display of advertisements shall be construed accordingly;
- aftercare condition
has the meaning assigned to it by section 27A(2) of this Act;
- agricultural holding
has the same meaning as in the Agricultural Holdings (Scotland) Act 1991;
- agricultural unit
means land which is occupied as a unit for agricultural purposes, including any dwellinghouse or other building occupied by the same person for the purpose of farming the land;
- agriculture
includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
- alternative enactment
means any enactment which is not contained in this Part of this Act....
- application
includes a submission.
- appropriate consultations
means consultations with the Health and Safety Executive and with such persons or bodies as may be prescribed
- at a material date
means at either of the following dates, that is to say—
- authorised
means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.
- authority to whom Part II of the Act of 1959 applies
means a body of any of the descriptions specified in Schedule 4 to the Act of 1959;
- blight notice
means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973
- breach of condition notice
has the meaning given in section 87AA of this Act;
- breach of planning control
has the meaning given in section 83A of this Act;
- bridleway
has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;
- building operations
has the meaning given by section 19 of this Act;
- building or works
includes waste materials, refuse and other matters deposited on land, and references to the erection or construction of buildings or works shall be construed accordingly and references to the removal of buildings or works include demolition of buildings and filling in of trenches;
- burial ground
includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment, and includes part of a burial ground;
- caravan site
has the meaning assigned to it by section 1(4) of the Caravan Sites and Control of Development Act 1960;
- charge
means any such feu-duty, ground annual or rent or other payment or incumbrance as is mentioned in the words introductory to sections 107 to 111 of the said Act of 1845.
- commission
means a Joint Planning Inquiry Commission constituted under section 47 of this Act;
- common
includes any town or village green;
- compensation for depreciation
means so much of any compensation payable under the preceding provisions of this Part of this Act as is payable in respect of loss or damage consisting of depreciation of the value of an interest in land.
- conditions
includes limitations;
- conservation area
means an area designated under section 262 of this Act;
- contravention of hazardous substances control
has the meaning assigned to it by section 56L(2) of this Act;
- cottar
has the same meaning as in section 28(4) of the Crofters (Scotland) Act 1955;
- crofter
has the same meaning as in section 3(2) of the Crofters (Scotland) Act 1955;
- Crown interest
means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;
- Crown land
means land in which there is a Crown interest;
- date of service
has the same meaning as in section 192 of this Act.
- depositing of mineral waste
means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;
- depositing of refuse or waste materials
includes the depositing of mineral waste;
- development
has the meaning assigned to it by section 19 of this Act, and “develop” shall be construed accordingly;
- development order
has the meaning assigned to it by section 21 of this Act;
- enactment
includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament, including an order or scheme confirmed by Parliament;
- enforcement notice
means a notice under section 84 of this Act;
- engineering operations
includes the formation or laying out of means of access to roads;
- enterprise zone scheme
means a scheme or modified scheme having effect to grant planning permission by virtue of Schedule 32 to the Local Government, Planning and Land Act 1980;
- excepted works
means works authorised by planning permission granted or deemed to be granted in pursuance of an application under this Act and works for which listed building consent has been given under this Act.
- feu charter
includes a feu contract and any other instrument by which land is feued;
- fish farming
means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc);
- footpath
has the same meaning as in section 47 of the Countryside (Scotland) Act 1967;
- forestry
means the growing of a utilisable crop of timber.
- functions
includes powers and duties;
- general development order
means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.
- government department
includes any Minister of the Crown;
- hazardous substances consent
means consent required by section 56C of this Act;
- hazardous substances contravention notice
has the meaning assigned to it by section 97B(3) of this Act;
- hereditament
means the aggregate of the lands and heritages (not being agricultural lands and heritages within the meaning of section 7 of the Valuation and Rating (Scotland) Act 1956) which form the subject of a single entry in the valuation roll for the time being in force for a valuation area;
- heritable security
means— (a) a heritable security within the meaning of the Conveyancing (Scotland) Act 1924 exclusive of a security by way of ground annual and a real burdenad factum praestandumbut inclusive of a security constituted by way ofex facieabsolute disposition;
- inland waters
means waters which do not form part of the sea or of any creek, bay or estuary or of any river as far as the tide flows;
- land
includes land covered with water and any building as defined by this section, and, in relation to the acquisition of land under Part VI of this Act, includes any interest in land and any servitude or right in or over land;
- Lands Tribunal
means Lands Tribunal for Scotland;
- lease
includes a sub-lease, but does not include an option to take a lease;
- listed building
has the meaning assigned to it by section 52(7) of this Act;
- listed building consent
has the meaning assigned to it by section 53(2) of this Act;
- listed building enforcement notice
has the meaning assigned to it by section 92 of this Act;
- listed building purchase notice
has the meaning assigned to it by section 179 of this Act;
- local authority
means a council constituted under section 2 of the Local Government etc.
- local enactment
means a local or private Act, or an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure;
- local roads authority
has the same meaning as in Roads (Scotland) Act 1984;
- material development
means any development other than— and in this subsection “general development order” means a development order made as a general order applicable (subject to such exceptions as may be specified therein) to all land in Scotland.
- means of access
includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a road;
- mineral-working deposit
has the meaning assigned to it by section 251(1A) of this Act;
- minerals
includes all substancesof a kind ordinarily worked for removal by underground or surface working;
- Minister
means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.
- monument
includes a tombstone or other memorial and any fixtures or furnishings.
- National Scenic Area
has the meaning assigned to it by section 262C of this Act.... • “open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
- official form
means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and • “owner” in relation to any land means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired portion of which is not less than seven years.
- old mining permission
means any planning permission for development— which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to this Act (development authorised under interim development orders after 10th November 1943).
- open space
means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
- operational land
has the meaning assigned to it by section 211 of this Act;
- outline planning permission
means planning permission granted, in accordance with the provisions of regulations under this Act ora development order, with the reservation for subsequent approval by the... planning authority or the Secretary of State of matters (referred to in this section as “reserved matters”) not particularised in the application.
- person
includes any body of persons corporate or unincorporate) in relation to any of these provisions.
- planning contravention notice
has the meaning given in section 83C of this Act;
- planning decision
means a decision made on an application under Part III of this Act;
- planning permission
means permission under Part III of this Act,...;
- planning permission granted for a limited period
has the meaning assigned to it by section 27(2) of this Act;
- prescribed
means prescribed by regulations made by the Secretary of State and the Secretary of State for the Environment jointly in the exercise of their respective powers under this Act and the Act of 1990.
- private interest
means an interest which is not a Crown interest.
- proceeding giving rise to compensation
means— (a) except in relation to compensation under section 226(3) of this Act, the particular action (that is to say, the decision, order, extinguishment of a right, imposition of a requirement, or acquisition) in respect of which compensation falls to be assessed, as distinct from any development or project in connection with which that action may have been taken;
- purchase notice
has the meaning assigned to it by section 169 of this Act;
- referred matter
means a matter referred to a commission under that section.
- relevant activity
means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
- restoration condition
has the meaning assigned to it by section 27A(2) of this Act;
- road
has the same meaning as in the Roads (Scotland) Act 1984;
- short tenancy
means a tenancy for a year or from year to year or any lesser interest, and “long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).
- site licence
means a licence under Part I of the Caravan Sites and Control of Development Act 1960 authorising the use of land as a caravan site and “owner” and “agricultural holding” have the same meanings as in section 24 of this Act.
- special enactment
means a local enactment, or a provision contained in an Act other than a local or private Act, being a local enactment or provision authorising the compulsory acquisition of land specifically identified therein;
- specified operation
means any of the following, that is to say—
- statutory undertakers
means persons authorised by any enactment, to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of...,..., hydraulic power or water, and “statutory undertaking” shall be construed accordingly;
- steps for the protection of the environment
has the meaning assigned to it by section 49B(3) of this Act • “stop notice” has the meaning assigned to it by section 87 of this Act;
- stop notice
has the meaning assigned to it by section 87 of this Act;
- tank
includes any cage and any other structure for use in fish farming.
- the Act of 1945
means the Town and Country Planning (Scotland) Act 1945;
- the Act of 1947
means the Town and Country Planning (Scotland) Act 1947;
- the Act of 1954
means the Town and Country Planning (Scotland) Act 1954;
- the Act of 1959
means the Town and Country Planning (Scotland) Act 1959;
- the Act of 1969
means the Town and Country Planning (Scotland) Act 1969;
- the aftercare period
means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed;
- the appointed day
means 1st July 1948;
- the appropriate Minister
has the meaning assigned to it by section 213 of this Act;
- the appropriate person
means—
- the claimant
has the meaning assigned to it by section 182(4) of this Act;
- the court
means the Court of Session or the sheriff.
- the land
means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner or lessee serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned or occupied with it, being land as to which the owner or lessee claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.
- the Ministers
means the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England acting jointly;
- the relevant interest
means the owner’s or lessee’s interest in the land or, if the purchase notice is confirmed by the Secretary of State in respect of only part of the land, the owner’s or lessee’s interest in that part;
- the relevant provisions
has the same meaning as in section 170 of this Act.
- the Royal Commission
means the Royal Commission on the Ancient and Historical Monuments of Scotland;
- the specified descriptions
means the descriptions contained in subsection (1)(a) to (i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973
- the statutory maximum
means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act 1975;
- the winning and working of minerals
includes the extraction of minerals from a mineral working deposit.
- these provisions
means the provisions of this section and of those sections, “the specified descriptions” means the descriptions contained in subsection (1)(a) to (i) of this section and “blight notice” means a notice served under section 182 or 190 of this Act. or section 73 of the Land Compensation (Scotland) Act 1973
- tree preservation order
has the meaning assigned to it by section 58 of this Act;
- Valuation Office
means the Valuation Office of the Inland Revenue Department;
- war damage
has the same meaning as in the War Damage Act 1943.