Compulsory Purchase and Compensation by Barry Denyer-Green

Author:Barry Denyer-Green
Language: eng
Format: epub
Publisher: Routledge

The development in Schedule 3, originally referred to as the ‘existing use development of land’, is a hangover from the Town and Country Planning Act 1947 and the ‘nationalisation’ of the right to develop land. Although planning permission is required for the classes of development set out in Schedule 3, permission may be granted in some cases by the General Permitted Development Order 1995.

The purpose of this planning permission assumption is to ensure that the compensation for the compulsory purchase of land includes compensation for any value attributable to the right to rebuild and alter buildings within certain limitations. Until its amendment by the Planning and Compensation Act 1991, Schedule 3 included other classes of existing use development in what was Part II of the Schedule. If planning permission was refused for any development in Part II, compensation was payable. That right has now gone: see Chapter 25.

The classes of development in Schedule 3 are briefly summarised at this point:

Para 1: The carrying out of:

(a) the rebuilding, as often as occasion may require, of any building which was in existence on 1 July 1948, or of any building which was in existence before that date but was destroyed or demolished after 7 January 1937, including the making good of war damage sustained by any such building;

(b) the rebuilding, as often as occasion may require, of any building erected after 1 July 1948, which was in existence at a material date;

(c) the carrying out for the maintenance, improvement or other alteration of any building of works which:

(i) affect only the interior of the building, or do not materially affect the external appearance of the building; and

(ii) are works for making good war damage, so long as the cubic content of the original building is not substantially exceeded.

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