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...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations