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SCHEDULES

Section 1(2).

SCHEDULE 1Excepted land for purposes of Part I

Part IExcepted land

1Land on which the soil is being, or has at any time within the previous twelve months been, disturbed by any ploughing or drilling undertaken for the purposes of planting or sowing crops or trees.

2Land covered by buildings or the curtilage of such land.

3Land within 20 metres of a dwelling.

4Land used as a park or garden.

5Land used for the getting of minerals by surface working (including quarrying).

6Land used for the purposes of a railway (including a light railway) or tramway.

7Land used for the purposes of a golf course, racecourse or aerodrome.

8Land which does not fall within any of the preceding paragraphs and is covered by works used for the purposes of a statutory undertaking or a telecommunications code system, or the curtilage of any such land.

9Land as respects which development which will result in the land becoming land falling within any of paragraphs 2 to 8 is in the course of being carried out.

10Land within 20 metres of a building which is used for housing livestock, not being a temporary or moveable structure.

11Land covered by pens in use for the temporary reception or detention of livestock.

12Land habitually used for the training of racehorses.

13Land the use of which is regulated by byelaws under section 14 of the [1892 c. 43.] Military Lands Act 1892 or section 2 of the [1900 c. 56.] Military Lands Act 1900.

Part IISupplementary provisions

14In this Schedule—

15(1)Land is not to be treated as excepted land by reason of any development carried out on the land, if the carrying out of the development requires planning permission under Part III of the [1990 c. 8.] Town and Country Planning Act 1990 and that permission has not been granted.

(2)Sub-paragraph (1) does not apply where the development is treated by section 191(2) of the [1990 c. 8.] Town and Country Planning Act 1990 as being lawful for the purposes of that Act.

16The land which is excepted land by virtue of paragraph 10 does not include—

(a)any means of access, as defined by section 34, or

(b)any way leading to such a means of access,

if the means of access is necessary for giving the public reasonable access to access land.

17Land which is habitually used for the training of racehorses is not to be treated by virtue of paragraph 11 as excepted land except—

(a)between dawn and midday on any day, and

(b)at any other time when it is in use for that purpose.