Legalize
Legalize / United Kingdom / Public General Act

Town and Country Planning Act 1971

Type Public General Act
Publication 1971-10-28
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

(a) a development plan approved or made under Part I of Schedule 5 to this Act or the Greater London development plan may include proposals relating to the use of Crown land and any power to acquire land compulsorily under Part VI of this Act may be exercised in relation to any interest therein which is for the time being held otherwise than by or on behalf of the Crown ;

6

After section 279 there shall be inserted the following sections:—

(279A) Where, in accordance with the provisions of Part IIL Part IV or Part V of this Act, a local planning authority are required to have regard to the provisions of the development plan in relation to the exercise of any of their functions, then, in relation to the exercise of those functions during any period before such a plan has become operative with respect to the area of that authority, the authority— (a) shall have regard to any directions which may be or have been given to them by the Secretary of State as to the provisions to be included in such a plan ; and (b) subject to any such directions, shall have regard to the provisions which in their opinion will be required to be so included for securing the proper planning of their area.

and section 3(6) of this Act shall have effect in relation to any reference to the local planning authority in the said section 279A.

7

For section 280(1)(a) there shall be substituted:—

(a) the preparation, approval, making or amendment of a development plan relating to the land under Schedule 5 to this Act, including the carrying out of any survey under that Schedule;

8

In section 290(1), for the definition of " development plan there shall be substituted:—

  • ' development plan ' has the meaning assigned to it by paragraphs 1 and 8 of Schedule 5 to this Act, and includes a plan made in accordance with sub-paragraph (5) of the said paragraph 1 ;
9

In Schedule 2, in paragraph 5, for the words " structure plans and local plans " there shall be substituted the words " development plans ".

10

In Schedule 3, in paragraph 7, there shall be added at the end the words " ; and in particular the Secretary of State shall make regulations under this paragraph with respect to any application which the local planning authority consider should be granted for permission for development inconsistent with the Greater London development plan referred to in paragraph 8(3) (or, as respects any period before that plan becomes operative, with the initial development plan referred to in paragraph 8(2)) of Schedule 5 to this Act

11

In Part I of Schedule 21 after the words " Schedules 1 and 2 " there shall be inserted the words " Part I of Schedule 5 ".

SCHEDULE 7

1

Until the repeal of Part I of Schedule 5 to this Act and, where applicable, paragraph 8 of that Schedule as respects any district (whether the whole or part of the area of a local planning authority), proposals for any alterations or additions to a development plan in force in the area consisting of or comprising that district shall not without the approval of the Secretary of State be submitted to him under paragraph 3 or 9 of that Schedule.

2

On the repeal of the said Part I and, where applicable, the said paragraph 8 as respects any district, the development plan which was in force in the area consisting of or comprising that district immediately before the repeal takes effect (hereafter in this Schedule referred to as "the old development plan") shall, subject to the following provisions of this Schedule, continue in force as respects that district and be treated for the purposes of this Act, any other enactment relating to town and country planning, the Land Compensation Act 1961, the Land Commission Act 1967 and the Highways Act 1959 as being comprised in, or as being, the development plan therefor.

3

Subject to the following provisions of this Schedule, where by virtue of paragraph 2 of this Schedule the old development plan for any district is treated as being comprised in a development plan for that district and there is a conflict between any of its provisions and those of the structure plan for that district, the provisions of the structure plan shall be taken to prevail for the purposes of Parts III, IV, V, VI, VII and IX of this Act and Schedule 11 to this Act.

4

Where a structure plan is in force in any district, but no local plan is in force in that district, a street authorisation map prepared in pursuance of the Town and Country Planning (Development Plans) Regulations 1965 or the Town and Country Planning (Development Plans for Greater London) Regulations 1966 for any area consisting of or comprising that district shall—

  • (a) if in force immediately before the structure plan comes into force be treated for the purposes of this Act as having been adopted as a local plan by the local planning authority ;
  • (b) if immediately before the structure plan comes into force it was under consideration by the Secretary of State be treated for those purposes as having been so adopted on being approved by the Secretary of State.
5

Where a structure plan is in force in any district, but no local plan is in force in that district, then, for any of the purposes of the Land Compensation Act 1961—

  • (a) the development plan or current development plan shall as respects that district be taken as being whichever of the following plans gives rise to those assumptions as to the grant of planning permission which are more favourable to the owner of the land acquired, for that purpose, that is to say, the structure plan, so far as applicable to the district, and any alterations thereto, together with the Secretary of State's notice of approval of the plan and alterations, and the old development plan ;
  • (b) land situated in an area defined in the. current development plan as an area of comprehensive development shall be taken to be situated in whichever of the following areas leads to such assumptions as aforesaid, that is to say, any area wholly or partly within that district selected by the structure plan as an action area and the area so defined in the old development plan.
6

Subject to paragraph 7 of this Schedule, the Secretary of State may by order wholly or partly revoke a development plan continued in force under this Schedule whether in its application to the whole of the area of a local planning authority or in its application to part of that area and make such consequential amendments to the plan as appear to him to be necessary or expedient.

7

Before making an order with respect to a development plan under paragraph 6 of this Schedule, the Secretary of State shall consult with the local planning authority for the area to which the plan relates or, where the area is a London borough, with the council of that borough and the Greater London Council.

8

Any reference in the preceding provisions of this Schedule to a development plan shall as respects any district in Greater London, be construed as a reference to the initial development plan within the meaning of paragraph 8 of Schedule 5 to this Act, the Greater London development plan and any development plan prepared for the area consisting of or comprising that district by the council of the relevant London borough.

9

Any reference in paragraphs 1 and 2 of this Schedule to the repeal of Part I of Schedule 5 to this Act or paragraph 8 of that Schedule shall, in a case where that repeal is brought into force by an order under section 21 of this Act on different days, be construed as a reference to a repeal of such of the provisions of the said Part I or the said paragraph 8 as may be specified in the order.

10

In relation to any development plan continued in force by virtue of this Schedule, sections 242 and 244 of this Act shall have effect with the same substitutions as are specified in paragraphs 2 and 3 of Schedule 6 to this Act.

SCHEDULE 8

PART I — Development not Ranking for Compensation under s.169

1

The carrying out of any of the following works, that is to say—

  • (a) the rebuilding, as often as occasion may require, of any building which was in existence on the appointed day, or of any building which was in existence before that day but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;
  • (b) the rebuilding, as often as occasion may require, of any building erected after the appointed day which was in existence at a material date ;
  • (c) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building, or which do not materially affect the external appearance of the building and (in either case) are works for making good war damage,

so long as (in the case of works falling within any of the preceding sub-paragraphs) the cubic content of the original building is not exceeded—

  • (i) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater ; and
  • (ii) in any other case, by more than one-tenth.
2

The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.

PART II — Development Ranking for Compensation under s.169

3

The enlargement, improvement or other alteration, as often as occasion may require, of any such building as is mentioned in paragraph 1(a) or (b) of this Schedule, or any building substituted for such a building by the carrying out of any such operations as are mentioned in that paragraph, so long as the cubic content of the original building is not increased or exceeded—

  • (a) in the case of a dwellinghouse, by more than one-tenth or 1,750 cubic feet, whichever is the greater ; and
  • (b) in any other case, by more than one-tenth.
4

The carrying out, on land which was used for the purposes of agriculture or forestry at a material date, of any building or other operations required for the purposes of that use, other than operations for the erection, enlargement, improvement or alteration of dwellinghouses or of buildings used for the purposes of market gardens, nursery grounds or timber yards or for other purposes not connected with general farming operations or with the cultivation or felling of trees.

5

The winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works thereon which are occupied or used for those purposes.

6

In the case of a building or other land which, at a material date, was used for a purpose falling within any general class specified in the Town and Country Planning (Use Classes for Third Schedule Purposes) Order 1948, or which having been unoccupied on and at all times since the appointed day, was last used (otherwise than before 7th January 1937) for any such purpose, the use of that building or land for any other purpose falling within the same general class.

7

In the case of any building or other land which, at a material date, was in the occupation of a person by whom it was used as to part only for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding one-tenth of the cubic content of the part of the building used for that purpose on the appointed day, or on the day thereafter when the building began to be so used, or, as the case may be, one-tenth of the area of the land so used on that day.

8

The deposit of waste materials or refuse in connection with the working of minerals, on any land comprised in a site which at a material date was being used for that purpose, so far as may be reasonably required in connection with the working of those minerals.

PART III — Supplementary Provisions

9

Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

10

Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

11

For the purposes of paragraph 3 of this Schedule—

  • (a) the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building ; and
  • (b) where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.
12

In this Schedule " at a material date" means at either of the following dates, that is to say—

  • (a) the appointed day ; and
  • (b) the date by reference to which this Schedule falls to be applied in the particular case in question :
13
  • (1) In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of this Schedule, any reference in this Schedule to, the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.
  • (2) This paragraph has effect subject to section 278(4) of this Act.

SCHEDULE 9

Determination of appeals by appointed person

1
  • (1) An appeal to which this Schedule applies, being an appeal of a prescribed class, shall, except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State, be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.
  • (2) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.
  • (3) This paragraph shall not affect any provision contained in this Act or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

Powers and duties of person determining appeal

2
  • (1) A person appointed under this Schedule to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—
  • (a) in relation to appeals under section 36 subsections (3) and (5) of that section ;
  • (b) in relation to appeals under section 88 subsections (4) to (6) of that section ;
  • (c) in relation to appeals under section 95 subsections (2) and (3) of that section ;
  • (d) in relation to appeals under section 97 subsections (4) and (5) of that section ;
  • (e) in relation to appeals under section 103 sections 88(4) and (5) of this Act;
  • (f) in relation to appeals under paragraph 8 of Schedule 11 to this Act, sub-paragraph (3) of that paragraph.
  • (2) The provisions of sections 36(4), 88(2), 95(4), 97(2) and paragraph 8(4) of Schedule 11 to this Act relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this Schedule but before the determination of any such appeal the Secretary of State shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 48 of this Act, ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—
  • (a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid; and
  • (b) the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.
  • (3) Where an appeal to which this Schedule applies has been determined by a person appointed under this Schedule, his decision shall be treated as that of the Secretary of State and—
  • (a) except as provided by Part XII of this Act, the validity of his decision shall not be questioned in any proceedings whatsoever;
  • (b) it shall not be a ground of application to the High Court under section 245 of this Act, or of appeal to the High Court under section 246 or 247 thereof, that the appeal ought to have been determined by the Secretary of State and not by that person, unless the challenge to the person's power to determine the appeal was made (either by the appellant or the local planning authority) before his decision on the appeal was given.
  • (4) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating to an appeal to which this Schedule applies, or to any thing done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by a person appointed under this Schedule, as a reference to that person.

Determination of appeals by Secretary of State

3
  • (1) The Secretary of State may, if he thinks fit, direct that an appeal, which by virtue of paragraph 1 of this Schedule and apart from this sub-paragraph, falls co be determined by a person appointed by the Secretary of State shall instead be determined by the Secretary of State.
  • (2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to taka into account under section 29(3)(a) of this Act.
  • (3) Where in consequence of a direction under this paragraph an appeal to which this Schedule applies falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.
  • (4) Where in consequence of a direction under this paragraph the Secretary of State determines an appeal himself, he shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 48 of this Act, afford to the applicant or appellant, the local planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose either—
  • (a) if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the local planning authority or any such person, have not made representations; or
  • (b) if the applicant or appellant or the local planning authority had not been asked in pursuance of paragraph 2(2) of this Schedule whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.
  • (5) Except as provided by sub-paragraph (4) of this paragraph, where the Secretary of State determines an appeal in consequence of a direction under this paragraph he shall not be obliged to afford any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made; and in determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

Appointment of another person to determine appeal

4
  • (1) Where the Secretary of State has appointed a person to determine an appeal under this Schedule the Secretary of State may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.
  • (2) If before the appointment of a person under this paragraph to determine an appeal, the Secretary of State had with reference to the person previously appointed, asked the question referred to in paragraph 2(2) of this Schedule, the question need not be asked again with reference to the person appointed under this paragraph and any answers to the question shall be treated as given with reference to him, but—
  • (a) the consideration of the appeal or any inquiry or other hearing in connection therewith, if already begun, shall be begun afresh ; and
  • (b) it shall not be necessary to afford any person an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

5
  • (1) A person appointed under this Schedule to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Secretary of State directs him to do so.
  • (2) Subject to sub-paragraph (3) of this paragraph, the costs—
  • (a) of any hearing held by virtue of paragraph 2(2)(b) of this Schedule; and
  • (b) of any inquiry held by virtue of this paragraph,

shall be defrayed by the Secretary of State.

  • (3) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to an inquiry held under this paragraph as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Secretary of State,

Stopping of appeals

6

If before or during the determination of an appeal under section 36 of this Act which is to be or is being determined in accordance with paragraph 1 of this Schedule, the Secretary of State forms the opinion mentioned in subsection (7) of that section, he may direct that the determination shall not be begun or proceeded with.

Supplementary provisions

7
  • (1) The Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a person appointed to determine the relevant appeal under this Schedule.
  • (2) The functions of determining an appeal and doing anything in connection therewith conferred by this Schedule on a person appointed to determine an appeal thereunder who is an officer of the Department of the Environment or the Welsh Office shall be treated for the purposes of the Parliamentary Commissioner Act 1967—
  • (a) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and
  • (b) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

SCHEDULE 10

1

In relation to matters specified in the first column of the Table below (being in each case a matter mentioned in subsection (1)(a), (h), (c) or (d) of section 48 of this Act as one which may be referred to a Planning Inquiry Commission under that section) " the responsible Minister or Ministers " for the purposes of sections 48 and 49 of this Act—

  • (a) in the case of a matter affecting England only, are those specified opposite in the second column of the Table;
  • (b) in the case of a matter affecting Wales only, are those specified opposite in the third column of the Table ; and
  • (c) in the case of a matter affecting both England and Wales, are those specified opposite in the fourth column of the Table.
2

Where an entry in the second, third or fourth columns of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Referred matter Affecting England only Affecting Wales only Affecting both England and Wales
1. Application for planning permission or appeal under section 36 of this Act—
(a) relating to land to which section 225(1) of this Act applies; The Secretary of State for the time being having general responsibility in planning matters in relation to England and the appropriate Minister (if different). The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the appropriate Minister (if different). The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the appropriate Minister (if different).
(b) relating to other land. The Secretary of State for the time being having general responsibility in planning matters in relation to England. The Secretary of State for the time being having general responsibility in planning matters in relation to Wales. The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales.
2. Proposal that a government department should give a direction under section 40 of this Act or that development should be carried out by or on behalf of a government department. The Secretary of State for the time being having general responsibility in planning matters in relation to England and the Minister (if different) in charge of the government department concerned. The Secretary of State for the time being having general responsibility in planning matters in relation to Wales and the Minister (if different) in charge of the government department concerned. The Secretaries of State for the time being having general responsibility in planning matters in relation to England and in relation to Wales and the Minister (if different) in charge of the government department concerned.

SCHEDULE 11

1
  • (1) Provision may be made by regulations under this Act with respect to the form and manner in which applications for listed building consent are to be made, the manner in which such applications are to be advertised and the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.
  • (2) Any listed building consent shall (except in so far as it otherwise provides) enure for the benefit of the building and of all persons for the time being interested therein.
2
  • (1) Regulations under this Act may provide that an application for listed building consent, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one or other of those described in section 27(1)(a) to (d) of this Act and any such regulations may—
  • (a) include requirements corresponding to sections 27(2) and (4) and 29(3) of this Act; and
  • (b) make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations made by virtue of this sub-paragraph.
  • (2) If any person issues a certificate which purports to comply with the requirements of regulations made by virtue of this paragraph and which contains a statement which he knows to be false or misleading .in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Directions as to manner of dealing with applications

3

The provisions of section 31(2) and (3) of this Act shall apply to an application for listed building consent for any works for the demolition, alteration or extension of a building in a conservation area as they apply to an application of the kind therein mentioned.

Reference of applications to Secretary of State or Greater London Council

4
  • (1) The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.
  • (2) A direction under this paragraph may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.
  • (3) An application in respect of which a direction under this paragraph has effect shall be referred to the Secretary of State accordingly.
  • (4) Before determining an application referred to him under this paragraph, the Secretary of State shall, if either the applicant or the authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.
  • (5) The decision of the Secretary of State on any application referred to him under this paragraph shall be final.
5
  • (1) Subject to the following provisions of this paragraph, a local planning authority (other than a London borough council) to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and either—
  • (a) a period of twenty-eight days has expired, beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him ; or
  • (b) the Secretary of State has notified the authority that he does not intend to require the reference of the application.
  • (2) The Secretary of State may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him and sub-paragraph (1) of this paragraph shall then have effect with the substitution for a period of twenty-eight days of such longer period as may be specified in the Secretary of State's notice.
6
  • (1) Subject to the following provisions of this paragraph, where application for listed building consent is made to a local planning authority, being a London borough council, and the authority do not determine to refuse it, they shall notify the Greater London Council of the application (giving particulars of the works for which the consent is required) and shall not grant such consent unless authorised or directed to do so under sub-paragraph (2) of this paragraph.
  • (2) On receipt of notification under sub-paragraph (1) of this paragraph the Greater London Council may either—
  • (a) authorise the local planning authority to grant or refuse the application, as they think fit; or
  • (b) give them directions as to how they are to determine it.
  • (3) The Greater London Council shall not authorise the local planning authority as mentioned in sub-paragraph (2)(a) of this paragraph, nor under sub-paragraph (2)(b) of this paragraph direct them to grant listed building consent, unless the Council have notified the Secretary of State of the application made to the local planning authority (giving particulars of the works for which the consent is required) and either—
  • (a) a period of twenty-eight days has expired, beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him ; or
  • (b) the Secretary of State has notified the Council that he does not intend to require the reference of the application.
  • (4) The Secretary of State may at any time before the said period of twenty-eight days expires give notice to the Council that he requires further time in which to consider whether to require the reference of the application to him and sub-paragraph (3) of this paragraph shall then have effect with the substitution for the period of twenty-height days of such longer period as may be specified in the Secretary of State's notice.
7
  • (1) The Secretary of State may give directions that, in the case of such descriptions of applications for listed building consent as he may specify, other than such consent for the demolition of a building, paragraphs 5 and 6 of this Schedule shall not apply; and accordingly, so long as the directions are in force local planning authorities may determine applications of such descriptions in any manner they think fit, without notifying the Secretary of State or, as the case may be, the Greater London Council.
  • (2) Without prejudice to the preceding provisions of this Schedule, the Secretary of State may give directions to local planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified any applications made to them for listed building consent, and the decisions taken by the authorities thereon.

Appeal against decision

8
  • (1) Where an application is made to the local planning authority for listed building consent and the consent is refused by the authority or is granted by them subject to conditions, the applicant, if he is aggrieved by the decision, may by notice served in the prescribed manner within such period, as may be prescribed, not being less than twenty-eight days from the receipt by him of notification of the decision, appeal to the Secretary of State.
  • (2) A person appealing under this paragraph may include in his notice thereunder, as the ground or one of the grounds of his appeal, a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 54 of this Act, or—
  • (a) in the case of a building to which subsection (10) of that section applies, that the Secretary of State should give a direction under that subsection with respect to the building; or
  • (b) in the case of a building subject to a building preservation notice under section 58 of this Act, that the building should not be included in a list compiled or approved under the said section 54.
  • (3) Subject to the following provisions of this paragraph, the Secretary of State may allow or dismiss an appeal thereunder, or may reverse or vary any part of the decision of the authority, whether the appeal relates to that part thereof or not, and—
  • (a) may deal with the application as if it had been made to him in the first instance ; and
  • (b) may, if he thinks fit, exercise his power under section 54 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (10) of that section to direct that that subsection shall no longer apply to the building.
  • (4) Before determining an appeal under this paragraph, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
  • (5) The decision of the Secretary of State on any appeal under this paragraph shall be final.
  • (6) Schedule 9 to this Act applies to appeals under this paragraph.

Appeal in default of decision

9

Where an application is made to the local planning authority for listed building consent, then unless within the prescribed period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority, the authority either—

  • (a) give notice to the applicant of their decision on the application ; or
  • (b) give notice to him that the application has been referred to the Secretary of State in accordance with directions given under paragraph 4 of this Schedule,

the provisions of paragraph 8 of this Schedule shall apply in relation to the application as if listed building consent had been refused by the authority and as if notification of their decision had been received by the applicant at the end of the prescribed period or at the end of the said extended period, as the case may be.

10
  • (1) If it appears to the local planning authority, having regard to the development plan and to any other material considerations, that it is expedient to revoke or modify listed building consent in respect of any works to a building, being consent granted on an application made under Part I of this Schedule, the authority, subject to the following provisions of this paragraph, may by order revoke or modify the consent to such extent as (having regard to those matters), they consider expedient.
  • (2) Except as provided in paragraph 12 of this Schedule, an order under this paragraph shall not take effect unless it is confirmed by the Secretary of State ; and the Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.
  • (3) Where a local planning authority submit an order to the Secretary of State for confirmation under this paragraph, the authority shall serve notice on the owner and on the occupier of the building affected and on any other person who in their opinion will be affected by the order; and if within such period as may be specified in that notice (not being less than twenty-eight days after the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the local planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
  • (4) The power conferred by this paragraph to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.
11
  • (1) If it appears to the Secretary of State, after consultation with the local planning authority, to be expedient that an order under paragraph 10 of this Schedule should be made, he may give directions to the authority requiring them to submit to him such an order for his confirmation, or may himself make such an order; and any order so made by the Secretary of State shall have the like effect as if it had been made by the authority and confirmed by the Secretary of State under that paragraph.
  • (2) The provisions of paragraph 10 of this Schedule shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of this paragraph, in relation to the making thereof by the Secretary of State and in relation to the service of copies thereof as so made.
12
  • (1) The following provisions shall have effect where the local planning authority have made an order under paragraph 10 of this Schedule but have not submitted the order to the Secretary of State for confirmation by him, and—
  • (a) the owner and occupier of the land and all persons who in the authority's opinion will be affected by the order have notified the authority in writing that they do not object to the order; and
  • (b) it appears to the authority that no claim for compensation is likely to arise under section 172 of this Act on account of the order.
  • (2) The authority shall advertise in the prescribed manner the fact that the order has been made, and the advertisement shall specify—
  • (a) the period (not being less than twenty-eight days from the date on which the advertisement first appears) within which persons affected by the order may give notice to the (Secretary of State that they wish for an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose ; and
  • (b) the period (not being less than fourteen days from the expiration of the period referred to in paragraph (a) of this sub-paragraph) at the expiration of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this paragraph and without being confirmed by the Secretary of State.
  • (3) The authority shall also serve notice to the same effect on the persons mentioned in sub-paragraph (1)(a) of this paragraph, and the notice shall include a statement to the effect that no compensation is payable under section 172 of this Act in respect of an order under paragraph 10 of this Schedule which takes effect by virtue of this paragraph and without being confirmed by the Secretary of State.
  • (4) The authority shall send a copy of any advertisement published under sub-paragraph (2) of this paragraph to the Secretary of State, not more than three days after the publication.
  • (5) If within the period referred to in sub-paragraph (2)(a) of this paragraph no person claiming to be affected by the order has given notice to the Secretary of State as aforesaid and the Secretary of State has not directed that the order be submitted to him for confirmation, the order shall, at the expiration of the period referred to in sub-paragraph (2)(b) of this paragraph, take effect by virtue of this paragraph and without being confirmed by the Secretary of State as required by paragraph 10(2) of this Schedule.
  • (6) This paragraph does not apply to an order revoking or modifying a listed building consent granted by the Secretary of State.

PART III — Provisions Applicable on Lapse of Building Preservation Notice

13

The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 58(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 54 of this Act.

14

The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 55 or 98 of this Act committed by him with respect to the said building while the notice was in force.

15

Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building, while the notice was in force, shall also lapse.

16

Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under sections 96 and 97 of this Act shall lapse, but section 99(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

SCHEDULE 12

Certain planning permissions treated as of no effect

1
  • (1) Where before 5th August 1965 an application was made to the local planning authority for planning permission for development consisting of or including the erection on land in Greater London of a building containing office premises, or consisting of or including the extension of a building on land in Greater London by the addition of office premises, and on that application planning permission for such development was granted before that date, then, unless that planning permission was granted before 5th November 1964 and either—
  • (a) a building was before the said 5th November erected, or (as the case may be) the building was before the said 5th November extended, in accordance with that planning permission ; or
  • (b) a building contract was made before the said 5th November which specifically related to the land, or part of the land, in respect of which the planning permission was granted and which provided for the erection thereon of such a building, or the making of such an extension, in accordance with that planning permission,

the provisions of sub-paragraph (4) of this paragraph shall (except where sub-paragraph (3) of this paragraph or paragraph 3 of this Schedule applies) have effect in relation to that planning permission.

  • (2) Where before 5th August 1965 an application was made to the local planning authority for planning permission—
  • (a) to carry out, on land in Greater London, development to which these provisions apply, other than such development as is mentioned in sub-paragraph (1) of this paragraph ; or
  • (b) to carry out any development to which these provisions apply on land within the metropolitan region but outside Greater London,

and on that application planning permission to carry out the development in question was granted before that date, then, unless the planning permission was granted before 5th November 1964, the provisions of sub-paragraph (4) of this paragraph shall (except where sub-paragraph (3) of this paragraph applies) have effect in relation to that planning permission.

  • (3) Notwithstanding anything in sub-paragraph (1) or (2) of this paragraph, the provisions of sub-paragraph (4) of this paragraph shall not have effect in relation to planning permission for any development if the office floor space to be created by that development does not exceed 3,000 square feet.
  • (4) Where in accordance with sub-paragraphs (1) to (3) of this paragraph the provisions of this sub-paragraph are to have effect in relation to planning permission granted for carrying out development on land within the metropolitan region, then, subject to paragraph 2 of this Schedule—
  • (a) the planning permission shall by virtue of this paragraph be deemed not to have effect so long as that land continues to be land within an area to which these provisions apply ;
  • (b) for the purposes of Part V of this Act anything done before the passing of this Act, as well as anything done after the passing of this Act at a time when that land continues to be land within such an area, shall, in so far as (apart from this sub-paragraph) it was development authorised by that planning permission, be deemed to have been done without the grant of planning permission ; and
  • (c) for the purposes of section 75(3)(a) of this Act that planning permission shall be disregarded.
  • (5) Where in any proceedings (whether civil or criminal) it falls to be determined whether the provisions of sub-paragraph (4) of this paragraph have effect in relation to a grant of planning permission, and the question arises whether a building contract was made as mentioned in sub-paragraph (1)(b) of this paragraph, the burden of proving that a building contract was so made shall be on the party who alleges it

Effect of grant of office development permit

2
  • (1) Where, in accordance with the provisions of paragraph 1 of this Schedule, sub-paragraph (4)(a) and (b) of that paragraph have effect in relation to planning permission granted for carrying out development on land within the metropolitan region, and an office development permit in respect of that development is issued under these provisions, the said sub-paragraph (4)(a) and (b) shall thereupon cease to have effect in relation to that planning permission.
  • (2) Where planning permission for carrying out development on land within the metropolitan region having been granted before 5th August 1965, an office development permit in respect of that development is issued in the circumstances specified in sub-paragraph (1) of this paragraph and conditions are attached to that permit, the planning permission shall be deemed to have been granted subject to the conditions attached to the office development permit, or (if any other conditions were imposed by the authority granting the permission) to have been granted subject to the conditions attached to the permit in addition to the other conditions.
  • (3) Section 82 of this Act shall have effect as if in subsection (5) the reference to sections 77 to 81 of this Act included a reference to this paragraph.

Mixed industrial and office development

3

Where before 5th August 1965 an application was made to the local planning authority for planning permission for development consisting of or including the erection on land in Greater London of a building containing office premises or consisting of or including the extension of a building on land in Greater London by the addition of office premises together with other premises, and—

  • (a) in accordance with sections 38 and 39 of the Act of 1962 an industrial development certificate was required for that development and such a certificate was issued in respect of it by the Board of Trade ; and
  • (b) planning permission for the development was granted before 5th November 1964,

then notwithstanding that neither of the conditions specified in sub-paragraph (1)(a) and (b) of paragraph 1 of this Schedule is fulfilled, the provisions of sub-paragraph (4) of that paragraph shall not have effect in relation to that planning permission.

Enforcement notices

4
  • (1) This paragraph applies to any enforcement notice which—
  • (a) relates to the carrying out of development consisting of or including the erection or extension of a building on land in Greater London ; and
  • (b) states that it is served on the grounds that, notwithstanding that planning permission for that development was granted before 5th August 1965, the development is by virtue of paragraph 1(4) of this Schedule deemed to have been carried out without the grant of planning permission.
  • (2) An enforcement notice to which this paragraph applies shall not be served except by the Secretary of State or in pursuance of directions given by the Secretary of State under section 276(5) of this Act.
  • (3) An enforcement notice to which this paragraph applies—
  • (a) may be served on any person who, in pursuance of a building contract to which he is a party, is engaged in carrying out operations for the erection or extension of the building in question, in addition to any other persons on whom (by virtue of section 87(4) of this Act) the notice is required or authorised to be served;
  • (b) may require any such operations to be discontinued forth with, either instead of, or in addition to, any other steps which (in accordance with section 87(6)(b) and (7) of this Act) may be required by the notice to be taken.
  • (4) In so far as an enforcement notice to which this paragraph applies requires any operations to be discontinued forthwith—
  • (a) the notice, notwithstanding anything in section 87(8) of this Act, shall take effect immediately on its being served; and
  • (b) section 88(3) of this Act shall not apply to the notice ;

but nothing in this sub-paragraph shall affect the operation of section 87(8) or 88(3) of this Act in relation to such a notice in so far as the notice requires any other steps to be taken.

  • (5) An enforcement notice to which this paragraph applies shall specify a period (not being less than twenty-eight days after the service thereof) within which an appeal may be brought against the notice ; and in relation to such a notice section 88(1) of this Act shall have effect with the substitution, for the words " the period at the end of which it is to take effect " , of the words " the period within which an appeal may be brought against the notice."
  • (6) In relation to any enforcement notice to which this section applies, the grounds on which an appeal may be brought under section 88 of this Act shall not include those specified in paragraphs (a) and (b) of subsection (1) of that section, but shall include the grounds specified in sub-paragraph (7) of this paragraph ; and the grounds specified in that sub-paragraph shall be deemed to be included among those mentioned in section 243(1)(a) of this Act.
  • (7) The grounds referred to in sub-paragraph (6) of this paragraph are the following—
  • (a) that the development to which the enforcement notice relates does not consist of or include the erection on land in Greater London of a building containing office premises, or the extension of a building on land in Greater London by the addition of office premises ;
  • (b) that a building was erected before 5th November 1964, or (as the case may be) the building in question was before that date extended, in accordance with planning permission for the development to which the enforcement notice relates ;
  • (c) that a building contract was made before that date which specifically related to the land, or part of the land, in respect of which planning permission was granted for the development to which the enforcement notice relates and which provided for the erection thereon of such a building as is mentioned in paragraph (a) of this sub-paragraph, or for the making of such an extension as is mentioned in that paragraph, in accordance with that planning permission ;
  • (d) that the office floor space to be created by the development to which the enforcement notice relates does not exceed 3,000 square feet;
  • (e) that an industrial development certificate was required for development consisting of or including the development to which the enforcement notice relates and that such a certificate was issued in respect of it by the Board of Trade.
  • (8) Where an enforcement notice to which this paragraph applies requires any operations to be discontinued, any person on whom the notice has been served who continues those operations, or causes or permits them to be continued, in contravention of the notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
  • (9) If, after a person has been convicted of an offence under sub-paragraph (8) of this paragraph, he further continues the operations (whether immediately or after an interval) in contravention of the notice, or causes or permits them to be so continued, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £20 for each day on which he so continues the operations or causes or permits them to be so continued.
  • (10) Where an enforcement notice to which this paragraph applies has been served, and either of the following events occurs, that is to say—
  • (a) an office development permit is issued in respect of the development to which the notice relates ; or
  • (b) planning permission for any development of the land to which the notice relates is granted authorising (either unconditionally or subject to conditions) the operations to which the notice relates to be continued,

the enforcement notice shall not have effect in so far as it would prevent or restrict the doing of anything after that event occurs.

Power to require information as to building contracts

5
  • (1) Where it appears to the Secretary of State that, in accordance with planning permission granted before 5th November 1964, operations for the erection on land in Greater London of a building containing office premises, or for the extension of a building on land in Greater London by the addition of office premises, have been begun on or after that date (whether before or after the passing of this Act) or had been begun but not completed before that date or are about to begin, and no office development permit in respect of the erection or extension of that building has been issued, the Secretary of State may serve on any person who is—
  • (a) the applicant on whose application the planning permission was granted; or
  • (b) the owner of the land ; or
  • (c) the person carrying out or about to carry out the operations,

a notice under this paragraph requiring him to furnish to the Secretary of State such information, and to produce for examination on behalf of the Secretary of State documents in that person's custody or under his control of any such description, as may be specified in the notice for the purpose of enabling the Secretary of State to ascertain whether a building contract for the erection or extension of the building was made before 5th November 1964 and who is the owner of the land.

  • (2) A notice under this paragraph may require the information to which it relates to be furnished within such time as may be specified in the notice, and may require the documents to which it relates to be produced at such time and place as may be so specified:

Provided that the time specified in such a notice for furnishing any information or producing, any document shall not be earlier than the end of the period of twenty-eight days- after the service of the notice.

  • (3) If any person on whom a notice is served under this paragraph fails without reasonable excuse to comply with a requirement imposed by the notice, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100 ; and if any such person—
  • (a) in furnishing any information required by the notice, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular ; or
  • (b) produces for examination in accordance with the notice a document which to his knowledge has been wilfully falsified,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100 or imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or imprisonment for a term not exceeding two years or both.

Planning permission to retain buildings or continue use of land

6
  • (1) In relation to any planning permission granted before 5th August 1965 in accordance with section 32(2) of this Act (in this section referred to as a " section 32 permission ") relating to land within the metropolitan region, where the circumstances are such that any of the provisions specified in sub-paragraph (2) of this paragraph would have had effect in relation thereto if it had been a corresponding grant of planning permission for development, those provisions shall have effect as if it had been a corresponding grant of planning permission for development.
  • (2) The provisions referred to in sub-paragraph (1) of this paragraph are paragraphs 1, 2(1), 4 and 5 of this Schedule ; and in that sub-paragraph "corresponding grant of planning permission for development", in relation to a section 32 permission, means a grant of planning permission to construct or carry out the building or works, or to institute the use of land, of which the section 32 permission authorises the retention or continuance or (as the case may be) authorises the retention or continuance without complying with a condition previously imposed.

Planning permission where no office development permit required

7
  • (1) This paragraph applies to any planning permission granted on or after 5th November 1964 but before 5th August 1965 for the erection of a building on land within the metropolitan region where either the erection of that building is not development to which these provisions apply or it is such development but no office development permit is required for it
  • (2) Any planning permission to which this paragraph applies shall be deemed to have been granted subject to the following condition (in addition to any other conditions imposed by the authority granting the permission), that is to say, that the use of the building, whether as originally erected or as subsequently extended or altered, shall be restricted so that (whether in consequence of a change of use or otherwise) it does not at any time contain office premises having an aggregate office floor space which exceeds 3,000 square feet.
  • (3) Section 82 of this Act shall have effect as if in subsection (5) the reference to sections 77 to 81 of this Act included a reference to this paragraph.
  • (4) For the purposes of this paragraph " office premises " has the meaning assigned by section 73(4) of this Act.

SCHEDULE 13

1

In Bedfordshire—

  • the borough of Dunstable,
  • the urban district of Leighton-Linslade,
  • the rural district of Luton.
2

In Berkshire—

  • the boroughs of Maidenhead, New Windsor and Wokingham,
  • the rural districts of Bradfield, Cookham, Easthampstead, Windsor and Wokingham.
3

In Buckinghamshire—

  • the boroughs of Aylesbury, High Wycombe and Slough,
  • the urban districts of Beaconsfield, Bletchley, Chesham, Eton, and Marlow,
  • the rural districts of Amersham, Aylesbury, Eton, Wing and Wycombe.
4

In Essex—

  • the borough of Chelmsford,
  • the urban districts of Basildon, Benfleet, Brentwood, Canvey Island, Epping, Harlow, Rayleigh, Thurrock, Waltham Holy Cross and Chigwell,
  • the rural districts of Chelmsford, Epping and Ongar and Rochford.
5

In Hampshire—

  • the borough of Aldershot,
  • the urban districts of Farnborough and Fleet,
  • the rural district of Hardey Wintney.
6

The administrative county of Hertfordshire.

7

In Kent—

  • the boroughs of Chatham, Dartford, Gravesend, Gillingham, Maidstone, Rochester and Royal Tunbridge Wells,
  • the urban districts of Northfleet, Sevenoaks, Southborough, Swanscombe and Tonbridge,
  • the rural districts of Dartford, Maidstone, Mailing, Sevenoaks, Strood and Tonbridge.
8

In Oxfordshire—

  • the borough of Henley-on-Thames,
  • the rural district of Henley.
9

The administrative county of Surrey.

10

In East Sussex—

  • the urban districts of Burgess Hill, Cuckfield and East Grinstead,
  • the rural districts of Cuckfield and Uckfield.
11

In West Sussex—

  • the urban districts of Crawley and Horsham,
  • the rural district of Horsham.
12

The county borough of Luton.

13

The county borough of Reading.

14

The county borough of Southend-on-Sea.

SCHEDULE 14

Application for certificate and appeal against refusal thereof

1

An application for an established use certificate shall be made in such manner as may be prescribed by a development order, and shall include such particulars, and be verified by such evidence, as may be required by such an order or by any directions given thereunder, or by the local planning authority or, in the case of an application referred to the Secretary of State, by him.

2

Provision may be made by a development order for regulating the manner in which applications for established use certificates are to be dealt with by local planning authorities, and, in particular—

  • (a) for requiring the authority to give to any applicant for such a certificate, within such time as may be prescribed by the order, such notice as may be so prescribed as to the manner in which his application has been dealt with ;
  • (b) for requiring the authority to give to the Secretary of State and to such other persons as may be prescribed by or under the order, such information as may be so prescribed with respect to applications for such certificates made to the authority, including information as to the manner in which any such application has been dealt with.
3
  • (1) A development order may provide that an application for an established use certificate, or an appeal against the refusal of such an application, shall not be entertained unless it is accompanied by a certificate in such form as may be prescribed by the order and corresponding to one or other of those described in section 27(1)(a) to (d) of this Act; and any such order may—
  • (a) include requirements corresponding to section 27(2), (3) and (4), and section 29(3) of this Act; and
  • (b) make provision as to who, in the case of any land, is to be treated as the owner for the purposes of any provision of the order made by virtue of this sub-paragraph.
  • (2) If any person issues a certificate which purports to comply with any provision of a development order made by virtue of sub-paragraph (1) above and which contains a statement which he knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Provisions with respect to grant of certificate

4

An established use certificate shall be in such form as may be prescribed by a development order and shall specify—

  • (a) the land to which the certificate relates and any use thereof which is certified by the certificate as established;
  • (b) by reference to the paragraphs of section 94(1) of this Act, the grounds on which that use is so certified; and
  • (c) the date on which the application for the certificate was made, which shall be the date at which the use is certified as established.
5

Where the Secretary of State grants an established use certificate, he shall give notice to the local planning authority of that fact.

6

In section 34 of this Act references to applications for planning permission shall, include references to applications for established use certificates ; and the information which may be prescribed as being required to be contained in a register kept under that section shall include information with respect to established use certificates granted by the Secretary of State.

SCHEDULE 15

PART I — Adjustment of Claim Holdings Pledged to Central Land Board as Security for Development Charges

1
  • (1) In this Part of this Schedule references to the pledging of a claim holding to the Central Land Board are references to any transaction whereby—
  • (a) the holder of the claim holding mortgaged it to the Central Land Board as security, or part of the security, for one or more development charges determined, or thereafter to be determined, by the Board ; or
  • (b) the holder and the Central Land Board agreed that a development charge determined by the Board should be set off against any payment which might thereafter become payable to the holder by reference to that holding ; or
  • (c) the Central Land Board refrained from determining a development charge, which would otherwise have fallen to be determined by them, in consideration of a mortgage of the holding, with or without other claim holdings.
  • (2) All pledges of claim holdings to the Central Land Board made by the same person, whether or not made at the same time, other than any pledge to which paragraph 2(1) of this Schedule applies, shall for the purposes of this Part of this Schedule be treated collectively as a single pledge made at the time when the last of those pledges was made.
  • (3) Where a development charge covered by a pledge to the Central Land Board was determined in respect of land consisting of, or forming part of, the area of a claim holding—
  • (a) which was not comprised in the pledge ; but
  • (b) whose holder immediately before the time of completion was the person who would, apart from the pledge, have been liable to pay the unpaid balance of the development charge,

then, for the purposes of this Part of this Schedule, that claim holding shall be deemed to have been comprised in the pledge.

  • (4) In this Part of this Schedule references to the determination of a development charge in respect of any land are references to a determination of the Central Land Board that the charge was payable in respect of the carrying out of operations in, on, over or under that land, or in respect of the use of that land.
  • (5) For the purposes of this Part of this Schedule the amount of a development charge—
  • (a) in a case where the Central Land Board determined that amount as a single capital payment, shall be taken to have been the amount of that payment; and
  • (b) in a case where the Board determined that amount other wise than as a single capital payment, shall be taken to have been the amount of the single capital payment which would have been payable if the Board had determined the amount as such a payment;

and references in this Part of this Schedule to the unpaid balance of a development charge are references to the amount of the charge, if no sum was actually paid to the Board on account of the charge, or if any sum was so paid, are references to the amount of the charge reduced by the amount or aggregate amount of the sum or sums so paid, other than any sum paid by way of interest.

  • (6) In relation to the pledging of a claim holding to the Central Land Board, references in this Part of this Schedule to a development charge covered by the pledge are references to a development charge the payment of which was secured, or partly secured, by the pledge, or, as the case may be, which was agreed to be set off against any payment which might become payable by reference to that claim holding.
  • (7) References in this Part of this Schedule to a mortgage of a claim holding do not include a mortgage which was subsequently discharged.
2

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.