Purchase Notices and Blight Notices
| Author | William Webster |
| Pages | 225-229 |
Chapter 11
Purchase Notices and Blight Notices
PURCHASE NOTICES
11.1 Where: (a) planning permission has been refused or granted subject to conditions; (b) it has been revoked or modified by the imposition of conditions;
or (c) a discontinuance order has been made,
(a) the land has become incapable of reasonably beneficial use in its existing state; and
(b) in a case where planning permission was granted subject to conditions or was modified by the imposition of conditions, the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions; and
(c) in any case, the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted or for which the local planning authority (LPA) or the Secretary of State has undertaken to grant permission;
or if, in the case of (c), as a result of the making of a discontinuance order, the following conditions are met:
(d) that by reason of the order the land is incapable of reasonably beneficial use in its existing state; and
Planning General Regulations 1992 (SI 1992/1492), reg 12), although these Regulations confer power on the Secretary of State to extend that period where service is delayed for good reasons.
226 Planning Law: A Practitioner’s Handbook
(e) that it cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which planning permission has been granted, whether by that order or otherwise.
11.2 The notice requires the authority to purchase the land from the owner and to be paid compensation as if the land was being compulsorily purchased from him. Once a notice has been served, the authority
REASONABLY BENEFICIAL USE
11.3 This expression is not expressly defined in the TCPA 1990, but it is provided that in determining whether land is incapable of reasonably beneficial use, no account shall be taken of any prospective use involving new development other than...
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