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Purchase Notices and Blight Notices

Document Cited authorities 5 Cited in Related
Vincent
AuthorWilliam Webster
Pages225-229

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11.1 Where: (a) planning permission has been refused or granted subject to conditions; (b) it has been revoked or modified by the imposition of conditions;1

or (c) a discontinuance order has been made,2the owner may serve3a purchase notice on the relevant authority if, in cases (a) and (b):

(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;4

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

1TCPA 1990, s 97.

2TCPA 1990, s 102 or Sch 9, para 1 (discontinuance of mineral working).

3Within 12 months of the decision of the LPA or the Secretary of State (Town and Country

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.

4TCPA 1990, s 137(1)–(3).

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 authority5is required to serve a response notice within three months. The authority either accepts the purchase notice and buys the land, or it may reject it, in which case it must refer the notice to the Secretary of State who may, if he is not satisfied that the land is incapable of reasonably beneficial use, refuse to confirm it or, if he is so satisfied, then he may confirm it (in whole or part – in which event, it confirms the normal compulsory acquisition procedure) or grant planning permission, the refusal of which gave rise to the notice, or he may direct that planning permission for some other development may be granted if applied for.6

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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