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- Point in Time (01/02/1991)
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Version Superseded: 25/09/1991
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(1)In a case where—
(a)the relevant interest is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for development of the relevant land or part thereof, and
(b)on the date of service of the notice to treat there is not in force planning permission for that development,
it shall be assumed that planning permission would be granted, in respect of the relevant land or that part thereof, as the case may be, such as would permit development thereof in accordance with the proposals of the acquiring authority.
(2)For the purposes of paragraph (b) of the preceding subsection, no account shall be taken of any planning permission so granted as not to enure (while the permission remains in force) for the benefit of the land and of all persons for the time being interested therein.
(3)Subject to subsection (4) of this section, it shall be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, for development of any class specified in [F1Schedule 6 to the M1Town and Country Planning (Scotland) Act 1972] (which relates to development included in the existing use of land).
(4)Notwithstanding anything in subsection (3) of this section—
(a)it shall not by virtue of that subsection be assumed that planning permission would be granted, in respect of the relevant land or any part thereof, for development of any class specified in Part II of [F1the said Schedule 6], if it is development for which planning permission was refused at any time before the date of service of the notice to treat and compensation under [F1section 158 of the said Act of 1972] became payable in respect of that refusal;
(b)where, at any time before the said date, planning permission was granted, in respect of the relevant land or any part thereof, for development of any class specified in the said Part II, but was so granted subject to conditions, and compensation under [F1the said section 158] became payable in respect of the imposition of the conditions, it shall not by virtue of the said subsection (3) be assumed that planning permission for that development, in respect of the relevant land or that part thereof, as the case may be, would be granted otherwise than subject to those conditions;
(c)where, at any time before the said date, an order was made under [F1section 49 of the said Act of 1972], in respect of the relevant land or any part thereof, requiring the removal of any building or the discontinuance of any use, and compensation became payable in respect of that order under [F1section 159] of that Act, it shall not by virtue of the said subsection (3) be assumed that planning permission would be granted, in respect of the relevant land or that part thereof, as the case may be, for the rebuilding of that building or the resumption of that use.
(5)Where a certificate is issued under the provisions of Part IV of this Act, it shall be assumed that any planning permission which, according to the certificate, [F2would have been] granted in respect of the relevant land or part thereof [F3if it were not proposed to be acquired by any authority possessing compulsory purchase powers] would be so granted, but, where any conditions are, in accordance with those provisions, specified in the certificate, only subject to those conditions and, if any future time is so specified, only at that time.
Textual Amendments
F1Words substituted by virtue of Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 22 Pt. I para. 2
F2Words substituted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975
F3Words inserted by Community Land Act 1975 (c. 77), Sch. 10 para. 5(2)(5); continued by Local Government, Planning and Land Act 1980 (c. 65), Sch. 33 para. 7(1)(3)(5) in relation to applications, or certificates issued in pursuance of applications, made after 12.12.1975
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