Version Superseded: 25/09/1991
Point in time view as at 01/02/1991. This version of this provision has been superseded.
Town and Country Planning Act 1990, Section 138 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Where, for the purpose of determining whether the conditions specified in section 137(3) or (4) are satisfied in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any unauthorised prospective use of that land.
(2)A prospective use of land shall be regarded as unauthorised for the purposes of subsection (1)—
(a)if it would involve the carrying out of new development, or
(b)in the case of a purchase notice served in consequence of a refusal or conditional grant of planning permission, if it would contravene the condition set out in Schedule 10.
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