SCHEDULE 4 Control of Off-Street Parking
Part IV Right to Compensation in Certain Circumstances
20
Where—
(a)
at the date when notice of a proposal to make regulations under section 43 of this Act designating an area as a controlled area for the purposes of that section is published by F1the local authority under paragraph 1 above—
(i)
planning permission has been granted for a development which consists of or includes the provision at any premises in that area of a public off-street parking place; and
(ii)
that development involves substantial building or engineering operations within the meaning of F2section 336(1) of the Town and Country Planning Act 1990; and
(iii)
either one or more F3material operations within section 56(4) of the Town and Country Planning Act 1990 comprised in that development have begun to be carried out or a contract (other than a lease) has been entered into with a person carrying on a business consisting wholly or mainly of the execution of building operations or of building operations and engineering operations whereby that person has undertaken to erect in the course of that business at the said premises a building or structure as a place for the provision of parking spaces for motor vehicles; and
(b)
at the date when the area is designated as a controlled area in pursuance of that proposal those premises have not been in use as such a parking place to the full extent provided for by the planning permission for a continuous period of not less than six months; and
(c)
the person operating or proposing to operate those premises as such a parking place duly makes application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at the date referred to in sub-paragraph (b) above; and
(d)
the local authority decide either—
(i)
to refuse the application; or
(ii)
to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of the said section 43 such that under the licence the applicant will not be able to operate the premises as such a parking place to such advantage or potential advantage as if the area had not been designated as a controlled area,
paragraph 22 below shall apply to that decision of the local authority.