15. The Local Authority shall furnish the Board with all such further information or particulars as the Board may from time to time require. 16. All maps, documents and notices deposited for inspection under these Regulations shall be available for inspection at all reasonable hours and without payment of any fee. 17. The County Council of the County in which the land or any part thereof proposed to be included in the town planning scheme is situate shall be entitled to be heard at any public local inquiry held by the Board. 18.-(1) A notice required to be served in pursuance of these Regulations shall be served : (a) by delivering it to the person on whom it is to be served, or (c) by forwarding it by post in a prepaid registered letter addressed to that person at his usual or last known place of abode, or in the case of an incorporated company or registered society addressed to the secretary of the company or society at the registered or principal office of the company or society, or (d) if addressed to the owner" or "occupier" of premises, by delivering it to some person on the premises, or if there is no person in the premises on whom it can be so served, then by affixing it to some conspicuous part of the premises : Provided also that any accidental omission to serve a notice required under these Regulations shall not render any proceedings thereunder invalid. (2) A notice required or authorised to be served under these Regulations on the owner or occupier of any land or premises may be addressed to the owner or occupier" of the land or premises (naming them) without further name or description. 66 FIRST SCHEDULE. Documents and particulars to be sent to the Scottish Board of Health after the passing of a Resolution to prepare a town planning scheme in addition to those specified in Article 3 (4). (1) Copy of each newspaper containing the advertisement required by Article 3 (2) of these Regulations. (2) A copy of suggestions received by the Local Authority for the inclusion or exclusion of lands in or from the area of the proposed scheme. (3) Where the resolution of the Local Authority extends to land not within the district of the Local Authority, a statement setting forth the reasons of the Local Authority for the inclusion of such land. (4) A statement giving such particulars as the Board may require of the acreage and general character of the land proposed to be included in the scheme. SECOND SCHEDULE. Particulars to be indicated on Map No. 2 and to be provided for in the Scheme-Article 4 (2) (3). 1. (a) The principal new streets or roads proposed within the area included in the scheme and any proposed widenings of existing streets or roads. (b) Roads, streets or ways within the area which it is proposed to stop up or divert. 2. (a) The different areas of land proposed to be reserved or allocated for the various classes of buildings which may be erected thereon, e.g., dwelling houses, public buildings, business premises, factories or workshops. (b) Land proposed to be allocated for use as open spaces either of a public or of a private nature or for areas not to be built upon. (c) The land proposed to be reserved for any other purpose. 3. The following particulars as respects each area on which buildings may be erected : (a) The number of buildings which may be erected on any area or unit of land. (b) The height and character of the buildings. (c) The building line or spaces about buildings in relation to the line of the principal new streets or roads or widenings. 4. The procedure proposed by the Local Authority for controlling from time to time as occasion may arise the more detailed development of the land included in the scheme. THIRD SCHEDULE. Maps, Documents and Information to be sent to the Board on submission of a town planning scheme for approval-Article 8 (2). (1) Six prints of the scheme and a certified copy of the resolution adopting the scheme and directing that it be submitted to the Board for approval. (2) Map No. 2. (3) A map (to be called Map No. 2a) showing the area of the land included in the Scheme so divided as to indicate as nearly as may be the portions of the land belonging to different owners and showing, as regards each parcel of land, by reference to a list of owners, the name of the owner thereof. (4) A Map (to be called No. 3) showing the particulars specified in the Second Schedule to these Regulations. (5) A copy of all Agreements relating to the scheme entered into by the Local Authority with other Local Authorities, owners and others interested. (6) Particulars of any Crown Lands and of any ancient monuments within or in the neighbourhood of the land included in the scheme. (7) A list of all Local Acts, Provisional Orders, Bye-laws or Regulations in force in the district of every Local Authority, any part of whose district is included in the Scheme, and copies of those which contain provisions affecting the Scheme with reference thereto. (8) Particulars of any proposed acquisition of land by Local Authorities under the Scheme; of works to be executed; of commons or open spaces; of any housing scheme under the Housing (Scotland) Act, 1925, or the Acts thereby repealed, completed, in course of execution, or about to be executed in the district; of enactments or other provisions which it is proposed to suspend with reasons therefor; of the acreage, population and rateable value of the districts concerned; and of the estimated cost to the Local Authority of carrying out the scheme. Given under the Official Seal of the Scottish Board of Health this ninth day of July, in the year one thousand nine hundred and twenty-six. JOHN JEFFREY, Secretary, Scottish Board of Health. Town Planning No. V., 1926. Sir, Scottish Board of Health, 125 George Street, Edinburgh, 23rd July, 1926. Town Planning (Scotland) Act, 1925. 1. I am directed to transmit, for the information of the Local Authority, copy of the Town Planning Procedure Regulations (Scotland), 1926, which the Scottish Board of Health have made in terms of the Town Planning (Scotland) Act, 1925. Resolution to prepare Scheme. 2. As the Local Authority are aware, the first step in the preparation of a town planning scheme is the passing of a resolution deciding to prepare a scheme. Where the area covered by the resolution is wholly within the area of the Local Authority, the resolution becomes at once effective. Where, however, the area includes land within the area of another Local Authority, the resolution does not have effect until it has been approved by the Board (Section 2 of the Act). Land that may be included in a Scheme. 3. The land that may be included in a town planning scheme is land which is in course of development or appears likely to be used for building purposes (Section 1 (1) of the Act). The expression "land likely to be used for building purposes is defined in Section 1 (3) of the Act and includes land likely to be used for open spaces. In addition the proviso to Section 1 (1) of the Act permits of the inclusion in the scheme in certain circumstances of land already built upon. Procedure following Resolution. 4. The Regulations enclosed herein prescribe in Part I. the procedure to be followed consequent on the passing of the resolution, and in terms of Article 13 (2) the Regulations apply to all resolutions passed since 19th August, 1919. Preparation of Draft Scheme. 5. Part II. provides that, within eighteen months from the resolution becoming effective, the Local Authority must prepare a draft town planning scheme and prescribes the procedure to be observed so that all parties interested may have an opportunity of making representations in regard to the draft. The above period of eighteen months may be extended by the Board in any particular case-see Article 14. Preparation of Final Scheme. 6. When the Local Authority have considered the various representations submitted to them on the draft scheme, they are then required, within approximately six months from the time when they adopted the draft scheme, to adopt the scheme finally and submit it to the Board for their approval. This period may, in terms of Article 14, be extended in special cases. Part III. of the Regulations details the procedure following on the adoption of the scheme in its final form, the action to be taken by the Board in their consideration of the scheme, and the steps to be observed after the Board have intimated their approval. 7. Part IV. of the Regulations contains miscellaneous provisions, including the application of the Regulations to proposals to prepare town planning schemes authorised prior to 19th August, 1919, that being the date when, in terms of the Housing, Town Planning, etc. (Scotland) Act, 1919, the requirement that the Board's authority must first be obtained to the preparation of a town planning scheme in accordance with the provisions of the Housing, Town Planning, etc., Act, 1909, was repealed. 8. The Regulations enclosed herein have been submitted in draft form to various bodies representative of Local Authorities and their officials, and the Board before issuing the Regulations have given careful consideration to the suggestions made and have embodied some of them in the Regulations as now issued. Objects of Town Planning. 9. The Board would take this opportunity of pointing out to Local Authorities, more especially those Local Authorities situated in areas where immediate development is likely to proceed, the desirability of considering proposals for town planning. From enquiries that have been addressed to the Board, it would appear that the objects of town planning are not adequately understood by some Local Authorities. These Local Authorities seem to be under the impression that a town planning scheme necessarily includes a house building scheme by the Local Authority, and also that the Local Authority will be under an obligation themselves to develop with roads the land included in the scheme. 10. This is not so. The object of a town planning scheme is to secure that the development of the area will proceed according to an ordered plan and that any development will not be carried out in any haphazard way. The town plan will shew the line of the main roads as the Local Authority conceive these should run, but it does not necessarily follow that they will fall to be made by the Local Authority. They may be made in the usual way by the person who proposes to develop the land or they may be made by the Local Authority under arrangement with the owners of the land through which the roads are to run. In this connection it may be noted that the Act empowers Local Authorities to acquire land for any purposes of the scheme (Section 8). Contents of Town Planning Scheme. 11. In preparing a town planning scheme, the town plan should shew the principal roads and, as far as practicable, the different areas that it is proposed should be utilised for various purposes, e.g., industrial areas, housing sites, open spaces, shopping centres, etc. It is recognised that it is not always feasible to forecast accurately future developments, and accordingly the Local Authority in preparing their scheme should, with reference to Article 4 (2) of the Regulations and the Second Schedule thereto, keep in view that it may be necessary to frame their proposals in somewhat general terms. The more detailed developments will, when the development can be forecast with reasonable accuracy, be for subsequent adjustment in accordance with the terms of the scheme, which should make provision for this purpose. Compensation if property injuriously affected by Scheme. 12. Where by the making of a town planning scheme the property of any person is injuriously affected, that person may claim compensation from the Local Authority (Sections 10 and 11). Such person is not entitled to obtain compensation on account of any building erected on, or contract made or other thing done with respect to, land included in a scheme, after the date of the Resolution of the Local Authority to prepare or adopt the scheme, or after the date when such Resolution takes effect, or after such other dates as are referred to in Section 10 (2) of the Act. In order to facilitate building in an area that is to be the subject of a town planning scheme, provision is made whereby, pending the preparation of a scheme, the Board may by order authorise development of the land and the proceeding with building operations (Section 4). 13. In such cases the carrying out of works in terms of an Order by the Board will not prejudice any claim for compensation in respect of property injuriously affected by the making of a town planning scheme. (Section 10 (2) (proviso (b))). Reference may also be made to the terms of Section 12 of the Act under which a Local Authority may withdraw or modify the provisions of a scheme that have given rise to a claim for compensation. Claim by Local Authority where property increased in value. 14. On the other hand, if any property is increased in value by the making of a town planning scheme, the Local Authority shall be entitled to recover from the person whose property is so increased in value one-half of the amount of the increase (Section 10 (3)). Local Authority-Assessment for Expenses-Borrowing. The 15. The Local Authority, for the purposes of the Town Planning (Scotland) Act, 1925, is the Local Authority for the purposes of the Public Health (Scotland) Act, 1897, and any expenses incurred under the Act fall to be defrayed out of the Public Health General Assessment. Local Authority may also borrow for the purposes of the Act (Section 20). The Local Authority responsible for the carrying out of a scheme will be defined in the scheme (Section 5 (2) (b) and Section 5 (3)). Town Planning obligatory on certain Burghs. 16. In terms of Section 3 of the Act, every burghal Local Authority having a population according to the 1921 census of more than 20,000 must, before 1st January, 1929, prepare and submit to the Board a town planning scheme with respect to all land within their district in regard to which a town planning scheme under the Act may be made. It is therefore essential that these Local Authorities particularly should take the enclosed Regulations into their early consideration with a view to complying with the provisions of the above Section. The need for town planning is however not confined to the areas of the larger burghs and accordingly it is hoped that all other Local Authorities will survey their areas with a view to determining whether the conditions are such as to necessitate the preparation of a town planning scheme. Necessity for co-operation between Local Authorities. 17. It will be apparent to Local Authorities that a properly conceived town planning scheme is not a matter which affects the area of one Local Authority only, but that the proposals of one Local Authority should harmonise with the proposals of adjoining Local Authorities. It is therefore very desirable that Local Authorities in the same regions should, in their consideration of this matter, keep in view the necessity of collaborating closely with each other so that their various schemes of development may be properly co-ordinated. Power is given for this purpose under Section 2 (1) (iii.) of the Act, which provides that the Local Authorities may appoint a joint Committee where they are desirous of acting jointly in the preparation of a town planning scheme. Where desired the Board would be prepared to convene meetings of interested Local Authorities for the purpose of discussing proposals for the preparation of a joint town planning scheme. Special provision for localities of historic, etc., interest. 18. Attention is directed to the special provision in Secton 1 (2) of the Act, whch permits of the preparation of a town planning scheme for an area already developed, but the existing character and features of which it is expedient to preserve on account of the special architectural, historic or artistic interest attaching to the locality. Any Local Authority desirous of preparing a town planning scheme for an area of this kind must first obtain the authority of the Board to the making of such a scheme. 19. The Board will be glad to learn in due course the result of the Local Authority's consideration of this Circular and relative Regulations. Additional copies of the Circular and Regulations may be obtained from H.M. Stationery Office, price 1d. and 3d. respectively. I am, Sir, Your obedient Servant, JOHN JEFFREY, The Clerk to the Local Authority. |