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

(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

(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

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

(1) Where a claim holding was pledged to the Central Land Board in accordance with the special arrangements relating to owners of single house plots, that claim holding shall, subject to sub-paragraph (2) of this paragraph, be deemed to have been extinguished as from the time when it was pledged to the Board.

(2) Where a claim holding (in this sub-paragraph referred to as " the original holding ") was pledged as mentioned in sub-paragraph (1) of this paragraph but was so pledged by reference to a plot of land which did not extend to the whole of the area of the original holding, that sub-paragraph shall not apply, but there shall be deemed to have been substituted for the original holding, as from the time of the pledge, a claim holding with an area consisting of so much of the area of the original holding as was not comprised in that plot of land, and with a value equal to that fraction of the value of the original holding which then attached to so much of the area of the original holding as was not comprised in that plot.

3

Without prejudice to paragraph 2 of this Schedule, where a pledge to the Central Land Board comprised one or more claim holdings, and the unpaid balance of the development charge covered by the pledge, or (if more than one) the aggregate of the unpaid balances of the development charges so covered, was equal to or greater than the value of the claim holding, or the aggregate value of the claim holdings, as the case may be, the holding or holdings shall be deemed to have been extinguished as from the time of the pledge.

4

Where a pledge to the Central Land Board comprised only a single claim holding with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the pledge was determined, and paragraph 3 of this Schedule does not apply, the value of that claim holding shall be deemed to have been reduced, as from the time of the pledge, by the unpaid balance of the development charge covered by the pledge, or (if more than one) by the aggregate of the unpaid balances of all the development charges covered by the pledge.

5

(1) The provisions of this paragraph shall have effect in the case of a pledge of one or more claim holdings to the Central Land Board to which neither paragraph 3 nor paragraph 4 of this Schedule applies.

(2) Any claim holding comprised in the pledge with an area of which every part either consisted of, or formed part of, the land in respect of which some development charge covered by the pledge was determined shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(3) Any claim holding comprised in the pledge with an area part of which did, and part of which did not, consist of, or form part of, such land as is mentioned in sub-paragraph (2) of this paragraph shall be treated as if, at the time of the pledge, the claim holding (in this sub-paragraph referred to as "the parent holding") had been divided into two separate claim holdings, that is to say—

(a) a claim holding with an area consisting of so much of the area of the parent holding as consisted of, or formed part of, such land as is mentioned in sub-paragraph (2) of this paragraph, and with a value equal to that fraction of the value of the parent holding which then attached to that part of the area of the parent holding ; and

(b) a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which then attached to the residue of the area of the parent holding,

and the claim holding referred to in head (a) of this sub-paragraph shall be allocated to the development charge in question, or (if more than one) to those development charges collectively.

(4) Paragraph 3 or paragraph 4 of this Schedule shall then apply in relation to each claim holding (if any) allocated in accordance with sub-paragraph (2) or sub-paragraph (3) of this paragraph to any development charge, or to any development charges collectively, as if the pledge had comprised only that claim holding and had covered only that development charge or those development charges.

(5) If, after the application of the preceding provisions of this paragraph, there remains outstanding any claim holding not allocated in accordance with those provisions, or any claim holding which (having been so allocated) is deemed to have been reduced in value but not extinguished, an amount equal to the aggregate of—

(a) the unpaid balance of any development charge covered by the pledge to which no claim holding was so allocated ; and

(b) the amount (if any) by which the value of any claim holding so allocated which is deemed to have been extinguished falls short of the unpaid balance of the development charge, or the aggregate of the unpaid balances of the development charges, to which it was so allocated,

shall be treated as having been deducted from the value of the claim holding so remaining outstanding, or (if more than one) as having been deducted rateably from the respective values of those claim holdings, and the value of any such holding shall be deemed to have been reduced accordingly as from the time of the pledge.

PART II — Adjustment by Reference to Payments in Respect of War-Damaged Land

6

(1) The provisions of this Part of this Schedule shall have effect where a payment under the scheme has become, or becomes payable in respect of an interest in land, and a claim holding related (or would, apart from this Part of this Schedule, have related) to the like interest in the whole or part of that land, with or without any other land.

(2) In this Part of this Schedule " the scheme " means the scheme made under section 59 of the Act of 1947, " the date of the scheme" means 12th December 1949, and "payment under the scheme " means a payment which has become, or becomes, payable by virtue of the scheme.

(3) In relation to any payment under the scheme " the payment area ", in this Part of this Schedule, means the land in respect of which the payment became or becomes payable, and references to the amount of the payment shall be construed as references to the principal amount thereof, excluding any interest payable thereon in accordance with section 65(3) of the Act of 1947.

7

If the payment area is identical with the area of the claim holding, then—

(a) in the case of a payment of an amount equal to the value of the claim holding, the claim holding shall be deemed to have been extinguished as from the date of the scheme ;

(b) in the case of a payment of an amount less than the value of the claim holding, the value of the claim holding shall be deemed to have been reduced, as from the date of the scheme, by the amount of the payment.

8

(1) If the payment area forms part of the area of the claim holding, the holding (in this paragraph referred to as "the parent holding") shall be treated, as from the date of the scheme, as having been divided into two claim holdings, that is to say—

(a) a claim holding with an area consisting of that part of the area of the parent holding which constituted the payment area, and with a value equal to that fraction of the value of the parent holding which attached to that part of the area of the parent holding ; and

(b) a claim holding with an area consisting of the residue of the area of the parent holding, and with a value equal to that fraction of the value of the parent holding which attached to the residue of the area of the parent holding.

(2) Where sub-paragraph (1) of this paragraph applies, paragraph 7 of this Schedule shall have effect in relation to the claim holding referred to in sub-paragraph (1)(a) of this paragraph as if it were the parent holding.

9

If the payment area includes the area of the claim holding together with other land, paragraph 7 of this Schedule shall apply as if—

(a) the payment area had been identical with the area of the claim holding; but

(b) the amount of the payment had been so much of the actual amount thereof, as might reasonably be expected to have been attributed to the area of the claim holding if, under the scheme, the authority determining the amount of the payment had been required (in accordance with the same principles as applied to the determination of that amount) to apportion it between the area of the claim holding and the rest of the payment area.

10

If the payment area includes part of the area of the claim holding together with other land not comprised in the area of the claim holding—

(a) paragraph 8 of this Schedule shall apply as if the part of the payment area comprised in the area of the claim holding had been the whole of the payment area ; and

(b) paragraph 9 of this Schedule shall apply as if the part of the area of the claim holding comprised in the payment area had been the whole of the area of the claim holding.

PART III — Adjustment in cases of Partial Disposition of Claim Holdings

11

The provisions of this Part of this Schedule shall have effect where, by virtue of a disposition of part of the benefit of an established claim, not being a mortgage made otherwise than by way of assignment (in this Part of this Schedule referred to as " the relevant disposition"), different persons became entitled to different parts of the benefit of that established claim.

12

As from the date of the relevant disposition, each of those different parts shall be treated as having constituted a separate claim holding.

13

The area and value of any such separate claim holding at any time after the relevant dispositon shall be taken to have been such as may, in the requisite manner, be or have been determined to be just and appropriate in all the circumstances.

14

In paragraph 13 of this Schedule the reference to determination in the requisite manner of the area and value of a claim holding is a reference to the determination thereof on the occasion of an apportionment affecting that holding which fell or falls to be made for any of the purposes of the Act of 1954, of Part VI of the Act of 1962 or Schedule 5 thereto, of Part VII of this Act or of this Schedule, being a determination made—

(a) by the authority making that apportionment; or

(b) where, under the Act of 1954, Part VI of the Act of 1962 or Part VII of this Act, that authority's findings were or are referred to the Lands Tribunal, by that Tribunal,

having regard in particular to the principles mentioned in paragraph 15 of this Schedule.

15

(1) The said principles are those set out in the following provisions of this paragraph.

(2) The aggregate of the values of all claim holdings representing parts of the benefit of the same established claim must not exceed the amount of the established claim.

(3) Subject to sub-paragraph (2) of this paragraph, where a claim holding representing part only of the benefit of an established claim was pledged to the Central Land Board, otherwise than as mentioned in paragraph 2 of this Schedule, and by virtue of Part I of this Schedule the value of that claim holding is deemed to have been reduced by reference to an amount due by way of development charge, the value of that holding at the time of the pledge is not to be taken to have been less than the amount credited for the purposes of the pledge by reference to the holding.

(4) In the case of the claim holding representing the part of the benefit of an established claim which was the subject of the relevant disposition, if it was not a claim holding to which sub-paragraph (5) of this paragraph applies—

(a) the area of that claim holding is to be taken to be the claim area of that established claim, less the area of any claim holding to which the said sub-paragraph (5) applies which represents part of the benefit of the same established claim ; and

(b) the value of the claim holding immediately after the relevant disposition is, subject to sub-paragraphs (2) and (3) of this paragraph, to be taken to have been that part of the amount of the established claim to which the holder purported to become entitled under the terms of the relevant disposition.

(5) Where any person who was entitled to a claim holding representing part only of the benefit of an established claim—

(a) at any time while so entitled was also entitled to the interest in land to which the established claim related in so far as that interest subsisted in part only of the claim area; and

(b) became entitled to both that holding and that interest in such circumstances that the authority making the apportionment in question or the Lands Tribunal, as the case may be, were or are satisfied that the holding and the interest were intended to relate to one another,

the area of that claim holding is to be taken to be that part of the claim area, and the value of the holding immediately after the relevant disposition (however that or any other disposition affecting the holding was expressed, but subject to sub-paragraphs (2) to (4) of this paragraph) is to be taken to have been an amount equal to so much of the amount of the established claim as might reasonably be expected to have been attributed to that part of the claim area if the authority determining the amount of that established claim had been required to apportion it, in accordance with the same principles as applied to its determination, between that part and the residue of the claim area.

16

Paragraph 1 of this Schedule shall apply for the purposes of this Part of this Schedule as it applies for the purposes of Part I thereof.

PART IV — Adjustment in Respect of Payments under Part I of Act of 1954

17

The provisions of this Part of this Schedule shall have effect where, by virtue of Part I of the Act of 1954, a payment became or becomes payable in respect of a claim holding.

18

Subject to the following provisions of this Part of this Schedule, if either—

(a) the principal amount of the payment was or is not less than the value of the claim holding ; or

(b) the payment (whatever its amount) became or becomes payable under Case D (that is to say, by virtue of section 8 of the Act of 1954, which related to cases where a claim holding had been disposed of for valuable consideration),

the claim holding shall be deemed to have been extinguished ; and if the principal amount of the payment (not being a payment under Case D) was or is less than the value of the claim holding, the value of that holding shall be deemed to have been reduced by the principal amount of the payment.

19

Paragraph 18 of this Schedule shall apply where two or more payments under Part I of the Act of 1954 were or are payable in respect of the same claim holding, with the substitution, for references to the principal amount of the payment, of references to the aggregate of the principal amounts of the payments.

20

(1) Where one or more relevant acts or events have occurred in relation to a claim holding (in this paragraph referred to as " the parent holding ") and any such act or event did not extend to the whole of the area of the parent holding, then, for the purposes of the preceding provisions of this Part of this Schedule, and for the purposes of Part V of this Schedule and of Part VII of this Act—

(a) the parent holding shall be treated as having been divided immediately before the time of completion, into as many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any relevant act or event extending to the area of that holding extended to the whole thereof or no relevant act or event extended to the area of that holding;

(b) the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c) the portion of the amount of any payment under Part I of the Act of 1954 which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been a payment payable under the said Part I in respect of that claim holding.

(2) In this paragraph "relevant act or event", in relation to a claim holding, means an act or event whereby, in accordance with the provisions of Part I of the Act of 1954, one or more payments became or become payable in respect of that claim holding.

21

For the purposes of this Part of this Schedule—

(a) a payment shall be treated as having become payable not withstanding that the right to receive the payment was extinguished by section 14(2) of the Act of 1954 (which enabled the Central Land Board to set off payments against liabilities in respect of development charges);

(b) any reduction of the principal amount of a payment by virtue of that subsection shall be disregarded ; and

(c) where in accordance with subsection (3) of section 14 or subsection (6) of section 58 of the Act of 1954 (which provided for cases of failure to apply for a payment within the appropriate period) an amount was determined as being the principal amount of a payment to which a person would have been entitled as mentioned in those subsections respectively, that payment shall be treated as if it had become due and as if the principal amount thereof had been the amount so determined.

22

(1) Where in accordance with the preceding provisions of this Part of this Schedule a claim holding is deemed to have been extinguished or the value of a claim holding is deemed to to have been reduced, the extinguishment or reduction, as the case may be, shall be deemed to have had effect immediately before the time of completion.

(2) References in this Part of this Schedule to the value of a claim holding are references to the value thereof immediately before the time of completion.

PART V — Adjustment in Respect of Compensation under Part V of Act of 1954

23

Where compensation under Part V of the Act of 1954 became or becomes payable by reference to a claim holding, then (subject to. the following provisions of this Part of this Schedule) for the purposes of Part VII of this Act—

(a) if the principal amount of the compensation was or is equal to the value of the claim holding at the time of completion (ascertained apart from this Part of this Schedule) the claim holding shall be deemed to have been extinguished immediately before that time ;

(b) if the principal amount of the compensation was or is less than the value of the claim holding at that time (ascertained apart from this Part of this Schedule) the value of the claim holding shall be deemed to have been reduced immediately before that time by the principal amount of the compensation.

24

Where compensation became or becomes payable as mentioned in paragraph 23 of this Schedule, and at any time an amount became or becomes recoverable in respect thereof under section 29 of the Act of 1954, as applied by section 46 of that Act, or under section 159 of this Act as applied by Schedule 24 to this Act to compensation under Part V of the Act of 1954, then, for the purposes of Part VII of this Act, paragraph 23. of this Schedule shall have effect as from that time as if the principal amount of that compensation had been reduced by a sum equal to seven-eighths of the amount which so became or becomes recoverable.

25

Where, in the case of a claim holding (in this paragraph referred to as "the parent holding"), compensation under Part V of the Act of 1954 became or becomes payable in respect of depreciation of the value of an interest in land by one or more planning decisions or orders, and any such decision or order did not extend to the whole of the area of the parent holding, then, both for the purposes of the preceding provisions of this Part of this Schedule and for the purposes of Part VII of this Act—

(a) the parent holding shall be treated as having been divided immediately before the time of completion into as many separate claim holdings, with such areas, as may be necessary to ensure that, in the case of each holding, either any such decision or order extending to the area of that holding extended to the whole thereof or no such decision or order extended to the area of that holding ;

(b) the value of each of the separate holdings respectively shall be taken to have been that fraction of the value of the parent holding which then attached to the part of the area of the parent holding constituting the area of the separate holding; and

(c) the portion of the amount of any such compensation which, by the authority determining that amount, was or is apportioned to the area of any of the separate claim holdings shall be taken to have been compensation payable under Part V of the Act of 1954 in respect of that claim holding.

PART VI — Supplementary Provisions

26

Where in accordance with any of the provisions of this Schedule a part of the benefit of an established claim constituted a separate claim holding, the interest in land to which that claim holding related—

(a) if the established claim related to the fee simple of the claim area, shall be taken to have been the fee simple of the area of the claim holding ;

(b) if the established claim related to a leasehold interest, shall be taken to have been that leasehold interest in so far as it subsisted in the area of the claim holding.

27

Where in accordance with any of the provisions of this Schedule a claim holding (in this paragraph referred to as "the parent holding ") is to be treated as divided into two or more claim holdings, a person who was the holder of one of those holdings shall be treated as having been the holder thereof at any time when he was the holder of the parent holding.

28

Expressions used in this Schedule and in Part VII of this Act have the same meanings in this Schedule as in that Part of this Act.

29

In this Schedule " the holder ", in relation to a claim holding, means the person for the time being entitled to the holding, or, in the case of a holding subject to a mortgage made otherwise than by way of assignment, means the person who would for the time being have been entitled to the holding if it had not been mortgaged, and " the time of completion " means the time when, in accordance with section 138 of this Act, the adjustment of claim holdings is deemed to have been completed.

SCHEDULE 16

1

Where for the purposes of section 141 of this Act the value of any development initiated before a time referred to in that section has to be ascertained with reference to that time, the value of the, development shall be calculated in accordance with the provisions of this Schedule.

2

Subject to the following provisions of this Schedule, the value shall be calculated by reference to prices current at the time in question—

(a) as if the development had not been initiated, but the land had remained in the state in which it was immediately before the development was initiated ; and

(b) on the assumption that (apart from the provisions of Part III of this Act, the provisions of Part III of the Act of 1962 or the provisions of the Act of 1947, as the case may be) the development could at that time lawfully be carried out,

and shall be taken to be the difference between the value which in those circumstances the land would have had at that time if planning permission for that development had been granted unconditionally immediately before that time and the value which in those circumstances the land would have had at that time if planning permission for that development had been applied for and refused immediately before that time, and it could be assumed that planning permission for that development, and any other new development of that land, would be refused on any subsequent application.

3

If the development involved the clearing of any land, the reference in paragraph (2)(a) of this Schedule to the state of the land immediately before the development shall be construed as a reference to the state of the land immediately after the clearing thereof but before the carrying out of any other operations.

4

(1) If the development was initiated in pursuance of planning permission granted subject to conditions, paragraph 2 of this Schedule shall apply as if the reference to the granting of permission unconditionally were a reference to the granting of permission subject to the like conditions.

(2) If the permission referred to in sub-paragraph (1) of this paragraph was granted subject to conditions which consisted of, or included, a requirement expressed by reference to a specified period, the reference in that sub-paragraph to the like conditions shall be construed, in relation to the condition imposing that requirement, as a reference to a condition imposing the like requirement in respect of a period of like duration beginning at the time in question.

5

In the application of the preceding provisions of this Schedule to development initiated, but not completed, before the time in question, references to permission for that development shall be construed as references to permission for so much of that development as had been carried out before that time.

SCHEDULE 17

Determination of relevant area

1

(1) Where, in the case of a compulsory acquisition to which section 142 of this Act applies, any area of the relevant land which, immediately before the relevant date, has an unexpended balance of established development value does not satisfy the conditions set out in sub-paragraph (2) of this paragraph, that area shall be treated as divided into as many separate areas as may be requisite to ensure that each of those separate areas satisfies those conditions.

(2) The conditions referred to in sub-paragraph (1) of this paragraph are—

(a) that all the interests (other than excepted interests) subsisting in the area in question subsist in the whole of that area ; and

(b) that any rentcharge charged on that area is charged on the whole of it.

(3) Any area of the relevant land which has an unexpended balance of established development value and which complies with the conditions set out in sub-paragraph (2) of this paragraph is in this Schedule referred to, in relation to the interests subsisting therein, as " the relevant area", and the subsequent provisions of this Schedule shall have effect separately in relation to each relevant area.

Preliminary calculations

2

There shall be calculated the amount referable to the relevant area of the rent which might reasonably be expected to be reserved if the relevant land were to be let on terms prohibiting the carrying out of any new development but permitting the carrying out of any other development; and the amount so calculated is in this Schedule referred to as " the existing use rent

3

(1) If, in the case of an interest in fee simple which is subject to a rentcharge, or in the case of a tenancy, so much of the rent reserved under the rentcharge or tenancy as is referable to the relevant area exceeds the existing use rent, there shall be calculated the capital value of the right to receive, for the period of the remainder of the term of the rentcharge or tenancy, an annual payment equal to the excess ; and any amount so calculated in the case of any interest is in this Schedule referred to as " the rental liability " of that interest.

(2) Where the interest in fee simple is subject to more than one rentcharge, then, for the purposes of sub-paragraph (1) of this paragraph, in relation to any period included in the term of two or more of those rentcharges, those two or more rentcharges shall be treated as a single rentcharge charged on the relevant area for the duration of that period, with a rent reserved thereunder of an amount equal to the aggregate of so much of their respective rents as is referable to the relevant area.

4

In the case of any interest in reversion—

(a) there shall be calculated the capital value, as at the time immediately before the relevant date, of the right to receive a sum equal to the unexpended balance of established development value of the relevant area at that time, but payable at the end of the tenancy upon the termination of which the interest in question is immediately expectant; and the amount so calculated in the case of any interest is in this Schedule referred to as " the reversionary development value " of that interest;

(b) if so much of the rent reserved under the said tenancy as is referable to the relevant area exceeds the existing use rent, there shall also be calculated the capital value as at the said time of the right to receive, for the period of the remainder of the term of that tenancy, an annual payment equal to the excess ; and any amount so determined in the case of any interest is in this Schedule referred to as " the rental increment" of that interest.

Apportionment of unexpended balance between interests

5

Where two or more interests (other than excepted interests) subsist in the relevant area, the portion of the unexpended balance of established development value of the relevant area attributable to each of those interests respectively shall be taken to be the following, that is to say—

(a) in the case of the interest in fee simple, an amount equal to the reversionary development value of that interest, less the amount (if any) by which any rental liability of that interest exceeds any rental increment thereof ;

(b) in the case of a tenancy in reversion, an amount equal to the reversionary development value of that tenancy, less the aggregate of—

(i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy ; and

(ii) the amount (if any) by which any rental liability of that tenancy exceeds any rental increment thereof;

(c) in the case of a tenancy other than a tenancy in reversion, the remainder (if any) of the said balance after the deduction of the aggregate of—

(i) the reversionary development value of the interest in reversion immediately expectant upon the termination of that tenancy ; and

(ii) any rental liability of that tenancy.

Application of Schedule to past acquisitions

6

In relation to any compulsory acquisition to which section 142 of this Act applies, where the relevant date was a date before the commencement of this Act, the preceding provisions of this Schedule shall have effect with the necessary modifications.

Interpretation

7

In this Schedule—

(a) " the relevant land ", in relation to a compulsory acquisition to which section 142 of this Act applies, means the land in which the interest acquired subsisted or subsists ;

(b) " tenancy " does not include an excepted interest;

(c) any reference to an interest or tenancy in reversion does not include an interest or tenancy in reversion immediately expectant upon the termination of an excepted interest;

(d) " the relevant date" and " excepted interest" have the same meanings as in section 142 of this Act; and

(e) other expressions have the same meanings as in Part VII of this Act.

SCHEDULE 18

1

Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than ten per cent. the amount of gross floor space which was last used for that purpose in the original building.

2

Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.

3

In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.

4

For the purposes of this Schedule gross floor space shall be ascertained by external measurement; and where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.

5

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 Schedule 8 to this Act, 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.

SCHEDULE 19

Action by council on whom listed building purchase notice is served

1

(1) The council on whom a listed building purchase notice is served, shall, before the end of the period of three months beginning with the date of service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a) that the council are willing to comply with the purchase notice ; or

(b) that another local authority or statutory undertakers specified in the notice under this sub-paragraph have agreed to comply with it in their place ; or

(c) that for reasons specified in the notice under this sub-para graph, the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted a copy of the purchase notice to the Secretary of State, on a date specified in the notice under this sub-paragraph, together with a statement of the reasons so specified.

(2) Where the council on whom a listed building purchase notice is served by an owner have served on him a notice in accordance with sub-paragraph (1)(a) or (b) of this paragraph the council, or the other local authority or statutory undertakers specified in the notice, as the case may be, shall be deemed to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of section 114 of this Act, and to have served a notice to treat in respect thereof on the date of service of the notice under sub-paragraph (1) of this paragraph.

(3) Where the council on whom a listed building purchase notice is served by an owner propose to serve on him a notice in accordance with sub-paragraph (1)(c) of this paragraph they shall transmit a copy of the purchase notice to the Secretary of State together with a statement of their reasons; and section 182 of this Act shall then apply in relation to the purchase notice as it applies in relation to a purchase notice under section 180 of this Act with the substitution for references therein to the Secretary of State taking action under section 183 of this Act of references to his taking action under paragraph 2 of this Schedule.

Action by Secretary of State in relation to listed building purchase notice

2

(1) Subject to the following provisions of this paragraph, if the Secretary of State is satisfied that the conditions specified in section 190(1)(a) to (c) of this Act are fulfilled in relation to a listed building purchase notice, he shall confirm the notice:

Provided that, if he is satisfied that the said conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

(2) The Secretary of State shall not confirm the purchase notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.

(3) If it appears to the Secretary of State to be expedient to do so in the case of a listed building purchase notice served on account of listed building consent being refused or granted subject to conditions, he may, in lieu of confirming the purchase notice, grant listed building consent for the works in respect of which the application was made or, where such consent for those works was granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works.

(4) If it appears to the Secretary of State to be expedient to do so, in the case of a listed building purchase notice served on account of listed building consent being revoked or modified by an order under Part II of Schedule 11 to this Act, he may, in lieu of confirming the notice, cancel the order revoking the consent or, where the order modified the consent by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

(5) If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other works for which listed building consent ought to be granted, he may in lieu of confirming the listed building purchase notice or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that listed building consent for those works shall be granted in the event of an application being made in that behalf.

(6) If it appears to the Secretary of State that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any development for which planning permission ought to be granted, he may, in lieu of confirming the listed building purchase notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that planning permission for that development shall be granted in the event of an application being made in that behalf.

(7) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or the site thereof, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or in relation to any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.

(8) In section 182 of this Act as applied by paragraph 1(3) of this Schedule, any reference to the taking of action by the Secretary of State under this paragraph is a reference to the taking by him of any such action as is mentioned in sub-paragraphs (1) or (3) to (7) of this paragraph, or to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions referred to in sub-paragraph (1) of this paragraph are not fulfilled.

Effect of Secretary of State's action in relation to listed building purchase notice

3

(1) Where the Secretary of State confirms a listed building purchase notice, the council on whom the notice was served (or, if under paragraph 2(7) of this Schedule the Secretary of State modified the notice by substituting another local authority or statutory undertakers for that council, that other local authority or those statutory undertakers) shall be deemed to be authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 114 of this Act and to have served a notice to treat in respect thereof on such date as the Secretary of State may direct.

(2) If, before the end of the relevant period, the Secretary of State has neither confirmed the purchase notice nor taken any such action in respect thereof as is mentioned in sub-paragraphs (3) to (6) of paragraph 2 of this Schedule, and has not notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the end of that period and the council on whom the notice was served shall be deemed to have been authorised to acquire the relevant interest compulsorily in accordance with the provisions of section 114 of this Act and to have served a notice to treat in respect thereof at the end of that period.

(3) In this paragraph—

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