Town and Country Planning Act 1963
| Jurisdiction | UK Non-devolved |
| Citation | 1963 c. 17 |
| Year | 1963 |
Town and Country Planning Act 1963
1963 CHAPTER 17
An Act to make further provision with respect to development comprised in Schedule 3 to the Town and Country Planning Act 1962 and Schedule 3 to the Town and Country Planning (Scotland) Act 1947.
[10th July 1963]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Amendments relating to development comprised in Town and Country Planning Act 1962, Schedule 3.
(1) In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 3 to the Town and Country Planning Act 1962, it shall be further assumed, as regards development of any class specified in paragraph 1 or paragraph 3 of that Schedule (rebuilding and alteration of existing buildings), that such permission would be granted subject to the condition set out in the Schedule to this Act; and in determining—
(a ) for the purposes of section 123 (2) of the said Act of 1962, whether and to what extent the value of an interest in land affected by a planning decision is less than it would have been if the permission had been granted or granted unconditionally; and
(b ) for the purposes of section 129 of that Act, whether the conditions for the service of a purchase notice are fulfilled,
no account shall be taken of any prospective use which would contravene the said condition.
(2) In the application of the said Schedule 3 for the purposes of any determination to which subsection (1) of this section applies and for the purposes of section 123 (1) of the said Act of 1962, paragraph 3 of that Schedule shall be construed as not extending to works involving any increase in the cubic content of a building erected after the appointed day (including any building resulting from the carrying out of such works as are described in paragraph 1 of that Schedule); and paragraph 7 (extension of use) shall not apply to any such building.
(3) For the purposes of sections 113 and 114 of the said Act of 1962, so far as applicable (by virtue of section 122 of that Act) to compensation calculated under section 118 of that Act as amended by this section, the expression ‘new development’ shall include—
(a ) any development to which subsection (1) of this section applies which is carried out otherwise than subject to the condition set out in the Schedule to this Act; and
(b ) any development excluded by subsection (2) of this section from Schedule 3 to that Act;
but except as aforesaid nothing in this section affects the meaning of that expression in that Act, or any determination to be made for the purposes of Part VI of that Act.
(4) In relation to a building erected after the appointed day, being a building resulting from the carrying out of any such works as are described in paragraph 1 of the said Schedule 3, any reference in that Schedule or in the Schedule to this Act to the original building is a reference to the building in relation to which those works were carried out and not to the building resulting from the carrying out of those works.
(5) For the purposes of this section, so far as applicable to any determination of existing use value as defined by section 134 (5) of the said Act of 1962, references to Schedule 3 to that Act, and to paragraphs 1, 3 and 7 of that Schedule, shall be construed as references to Schedule 3 to the Town and Country Planning Act 1947, and to the corresponding paragraphs of that Schedule.
2 Amendments relating to development...
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