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Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

Part IIISupplementary Provisions

10Any reference in this Schedule to the cubic content of a building shall be construed as a reference to that content as ascertained by external measurement.

11Where, after the appointed day, any buildings or works have been erected or constructed, or any use of land has been instituted, and any condition imposed under Part III of this Act, limiting the period for which those buildings or works may be retained, or that use may be continued, has effect in relation thereto, this Schedule shall not operate except as respects the period specified in that condition.

12For the purposes of paragraph 3 of this Schedule—

(a)the erection, on land within the curtilage of any such building as is mentioned in that paragraph, of an additional building to be used in connection with the original building shall be treated as the enlargement of the original building ; and

(b)where any two or more buildings comprised in the same curtilage are used as one unit for the purposes of any institution or undertaking, the reference in that paragraph to the cubic content of the original building shall be construed as a reference to the aggregate cubic content of those buildings.

13In this Schedule " at a material date " means at either of the following dates, that is to say—

(a)the appointed day ; and

(b)the date by reference to which this Schedule falls to be applied in the particular case in question:

Provided that sub-paragraph (b) of this paragraph shall not apply in relation to any buildings, works or use of land in respect of which, whether before or after the date mentioned in that sub-paragraph, an enforcement notice served before that date has become or becomes effective.

14(1)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 this Schedule, any reference in this Schedule 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.

(2)This paragraph has effect subject to section 263(4) of this Act.

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