Town and Country Planning Act 1971

Section 141.

SCHEDULE 16 Calculation of Value of Previous Development of Land

1 Where for the purposes of section 141 of this Act the value of any development initiated before a time referred to in that section has to be ascertained with reference to that time, the value of the, development shall be calculated in accordance with the provisions of this Schedule.

2 Subject to the following provisions of this Schedule, the value shall be calculated by reference to prices current at the time in question—

(a) as if the development had not been initiated, but the land had remained in the state in which it was immediately before the development was initiated ; and

(b) on the assumption that (apart from the provisions of Part III of this Act, the provisions of Part III of the Act of 1962 or the provisions of the Act of 1947, as the case may be) the development could at that time lawfully be carried out,

and shall be taken to be the difference between the value which in those circumstances the land would have had at that time if planning permission for that development had been granted unconditionally immediately before that time and the value which in those circumstances the land would have had at that time if planning permission for that development had been applied for and refused immediately before that time, and it could be assumed that planning permission for that development, and any other new development of that land, would be refused on any subsequent application.

3 If the development involved the clearing of any land, the reference in paragraph (2)(a) of this Schedule to the state of the land immediately before the development shall be construed as a reference to the state of the land immediately after the clearing thereof but before the carrying out of any other operations.

4 (1) If the development was initiated in pursuance of planning permission granted subject to conditions, paragraph 2 of this Schedule shall apply as if the reference to the granting of permission unconditionally were a reference to the granting of permission subject to the like conditions.

(2) If the permission referred to in sub-paragraph (1) of this paragraph was granted subject to conditions which consisted of, or included, a requirement expressed by reference to a specified period, the reference in that sub-paragraph to the like conditions shall be construed, in relation to the condition imposing that requirement, as a reference to a condition imposing the like requirement in respect of a period of like duration beginning at the time in question.

5 In the application of the preceding provisions of this Schedule to development initiated, but not completed, before the time in question, references to permission for that development shall be construed as references to permission for so much of that development as had been carried out before that time.