Town and Country Planning Act 1990

Part III Supplementary Provisions

9 Where after 1st July 1948—

(a) any buildings or works have been erected or constructed, or any use of land has been instituted, and

(b) 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 to those buildings or works or that use,

this Schedule shall not operate except as respects the period specified in that condition.

10 (1) Any 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.

(2) For the purposes of paragraphs 1 and 3 the cubic content of a building is substantially increased or exceeded—

(a) in the case of a dwellinghouse, if it is increased or exceeded by more than one-tenth or 1,750 cubic feet, whichever is the greater; and

(b) in any other case, if it is increased or exceeded by more than one-tenth.

11 For the purposes of paragraph 3—

(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.

12 (1) In this Schedule “at a material date” means at either—

(a) 1st July 1948; or

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

(2) Sub-paragraph (1)(b) 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.

13 (1) In relation to a building erected after 1st July 1948 which results from the carrying out of any such works as are described in paragraph 1, 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 326(3).

14 (1) In the application of this Schedule for the purposes of any determination under section 138(1)—

(a) paragraph 3 shall be construed as not extending to works involving any increase in the cubic content of a building erected after 1st July 1948 (including any building resulting from the carrying out of such works as are described in paragraph 1); and

(b) paragraph 7 shall not apply to any such building.

(2) Sub-paragraph (1) applies also to the application of this Schedule for the purposes of any determination to which section 326(1) applies and for the purposes of that sub-paragraph, so far as applicable by virtue of this sub-paragraph to any determination of existing use value as defined in section 144(6)—

(a) references to this Schedule and to paragraphs 3 and 7 shall be construed as references to Schedule 3 to the 1947 Act and to the corresponding paragraphs of that Schedule; and

(b) that Schedule shall have effect as if it contained a paragraph corresponding to paragraph 13 of this Schedule.