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- Part VI. Elements of Planning Law
Purchase Notices and Blight Notices
Author | William Webster/Robert Weatherley |
Pages | 465-469 |
PURCHASE NOTICES
45.1 Where planning permission has been: (a) refused or granted subject to conditions; (b) is revoked or modified by the imposition of conditions;
(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, that 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, that 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 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
(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.
45.2 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
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.
466 Restrictions on the Use of Land
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.
Reasonably beneficial use
45.3 This expression is not expressly defined in the TCPA...
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Request your trial- Restrictions on the Use of Land
- Part VI. Elements of planning law
- Introduction to Elements of Planning Law
- Development Control
- Permitted Development
- Planning Permission
- Power to Make Non-material Changes to, or Otherwise Revoke or Modify, Existing Planning Permissions and the Liability of a Local Planning Authority to Pay Compensation
- Planning Conditions and Obligations and the Community Infrastructure Levy
- Purchase Notices and Blight Notices
- Appeals and Statutory Review of Planning Decisions
- Enforcement of Planning Control
- Certificates of Lawfulness
- Protecting the Natural Environment
- Listed Buildings and Conservation Areas
- Reforms in the Housing and Planning Act 2016
- Index
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