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Town and Country Planning Act 1932

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12Provisions in schemes with respect to buildings and building operations

(1)The provisions to be inserted in a scheme with respect to buildings and building operations may include provisions—

(a)prescribing the space about buildings;

(b)limiting the number of buildings;

(c)regulating, or enabling the responsible authority to regulate, the size, height, design and external appearance of buildings;

(d)imposing restrictions upon the manner in which buildings may be used, including, in the case of dwelling-houses, the letting thereof in separate tenements; and

(e)prohibiting building operations, or regulating such operations in respect of matters other than those specified in this subsection:

Provided that, where a scheme contains a provision enabling the responsible authority to regulate the design or external appearance of buildings, the scheme must also provide that any person aggrieved by any decision of the responsible authority under the provision aforesaid may appeal against the decision either to a court of summary jurisdiction or to a tribunal to be constituted for the purpose under the scheme, as may be thereby provided, and the grounds on which such an appeal may be brought shall include the ground that compliance with the decision would involve an increase in the cost of the building which would be unreasonable having regard to the character of the locality and of the neighbouring buildings.

(2)The provisions to be inserted as aforesaid may—

(a)differ as respects different parts of the area to which the scheme applies; and

(b)be made applicable, either with or without modifications, to existing buildings as well as to buildings which are not existing buildings; and

(c)be imposed as permanent provisions, or as provisions operating only pending the coming into operation of an order under the provisions hereafter in this Act contained with respect to general development orders.

(3)No provision contained in a scheme with respect to buildings shall apply in relation to any building or the erection of any building which is, or is to be, occupied together with land which is used mainly or exclusively for agriculture, whether as arable, meadow, pasture ground or orchard, or for the purposes of a plantation or a wood, or for the growth of saleable underwood, and-is, or is to be used for, any of those purposes, unless the site of the building is reserved by the scheme for any purpose, the carrying out of which in the future would necessitate the removal or the alteration of the building.

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