Town and Country Planning Act 1990

Sections 55, 107 and 114.

SCHEDULE 3 E+W Development Not Constituting New Development

Part I E+W Development Not Ranking For Compensation Under s. 114

1 E+W The carrying out of—

(a) the rebuilding, as often as occasion may require, of any building which was in existence on 1st July 1948, or of any building which was in existence before that date 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 1st July 1948 which was in existence at a material date;

(c) the carrying out for the maintenance, improvement or other alteration of any building, of works which—

(i) affect only the interior of the building, or do not materially affect the external appearance of the building, and

(ii) are works for making good war damage,

so long as the cubic content of the original building is not substantially exceeded.

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

Part II E+W Development ranking for compensation under s. 114

3 The enlargement, improvement or other alteration, as often as may be required, of any such building as is mentioned in paragraph l(a) or (b), 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 substantially increased or exceeded.

4 (1) 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.

(2) Sub-paragraph (1) does not apply to operations for the erection, enlargement, improvement or alteration of dwellinghouses or of buildings used—

(a) for the purposes of market gardens, nursery grounds or timber yards, or

(b) 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—

(a) the fertilisation of the land so used, and

(b) the maintenance, improvement or alteration of buildings or works on the land which are occupied or used for those purposes.

6 In the case of a building or other land which—

(a) at a material date was used for a purpose falling within any general class specified in the M1 Town and Country Planning (Use Classes for Third Schedule Purposes) Order 1948, or

(b) having been unoccupied on and at all times since 1st July 1948, 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.

Marginal Citations

M1 S.I. 1948/955.

7 In the case of any building or other land which at a material date was in the occupation of a person by whom part only of it was used for a particular purpose, the use for that purpose of any additional part of the building or land not exceeding—

(a) one-tenth of the cubic content of the part of the building used for that purpose on 1st July 1948 or, if later, the date when the building began to be so used, or

(b) one-tenth of the area of the land so used on that date,

as the case may be.

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 E+W Supplementary Provisions

9 E+W Where after 1st July 1948—

(a) any buildings or works have been erected or constructed, or any use of land has been instituted, and

(b) 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 to those buildings or works or that use,

this Schedule shall not operate except as respects the period specified in that condition.

10 (1) 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.

(2) For the purposes of paragraphs 1 and 3 the cubic content of a building is substantially increased or exceeded—

(a) in the case of a dwellinghouse, if it is increased or exceeded by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(b) in any other case, if it is increased or exceeded by more than one-tenth.

11 For the purposes of paragraph 3—

(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 (1) In this Schedule “at a material date” means at either— E+W

(a) 1st July 1948; or

(b) the date by reference to which this Schedule falls to be applied in the particular case in question.

(2) Sub-paragraph (1)(b) shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

13 (1) In relation to a building erected after 1st July 1948 which results from the carrying out of any such works as are described in paragraph 1, 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 326(3).

14 (1) In the application of this Schedule for the purposes of any determination under section 138(1)—

(a) paragraph 3 shall be construed as not extending to works involving any increase in the cubic content of a building erected after 1st July 1948 (including any building resulting from the carrying out of such works as are described in paragraph 1); and

(b) paragraph 7 shall not apply to any such building.

(2) Sub-paragraph (1) applies also to the application of this Schedule for the purposes of any determination to which section 326(1) applies and for the purposes of that sub-paragraph, so far as applicable by virtue of this sub-paragraph to any determination of existing use value as defined in section 144(6)—

(a) references to this Schedule and to paragraphs 3 and 7 shall be construed as references to Schedule 3 to the 1947 Act and to the corresponding paragraphs of that Schedule; and

(b) that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of this Schedule.