110Service of purchase notice where planning permission is refused, revoked or made conditional(1)

This section applies where—

(a)

on an application under this Part, a decision is made to refuse planning permission for the development of any land or to grant permission subject to conditions, or

(b)

an order under section 102 revokes planning permission for the development of any land or modifies it by imposing conditions.

(2)

If an owner of the land to which the decision or order relates claims that the conditions in subsection (3) are met, the owner may serve on the planning authority in whose area the land is situated a notice requiring the authority to purchase the owner’s interest in the land (a “purchase notice”).

(3)

The conditions are—

(a)

that the land is unusable in its existing state (see paragraph 1 of Schedule 12),

(b)

in a case where planning permission has been granted subject to conditions or modified by the imposition of conditions, that the land cannot be made usable by carrying out the development to which the permission relates in accordance with the conditions, and

(c)

in any case, that the land cannot be made usable by carrying out any other development for which planning permission has been granted or for which the planning authority or the Welsh Ministers have undertaken to grant planning permission.

(4)

For the purposes of the references in subsections (1)(a) and (3)(b) to planning permission being granted subject to conditions, any condition to which planning permission is subject by virtue of section 93 or 94 (periods for starting development and applying for approval of reserved matters) or Schedule 5 (duration of minerals permission) must be ignored.

(5)

A person may not serve a purchase notice under this section in respect of land that is unusable only because of a discontinuance order (but see section 213).

(6)

Where a repairs notice has been served on an owner of a listed building under section 138 of the Historic Environment Act, the owner is not entitled to serve a purchase notice in the circumstances mentioned in subsection (1)(a) in respect of the building—

(a)

before the end of 3 months beginning with the day the repairs notice is served, or

(b)

if during that period the compulsory acquisition of the building is started under section 137 of the Historic Environment Act (compulsory acquisition of listed building for preservation), unless the compulsory acquisition is discontinued.

(7)

For the purposes of subsection (6)—

(a)

a compulsory acquisition is started—

(i)

by a planning authority when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67);

(ii)

by the Welsh Ministers when they serve the notice required by paragraph 3 of Schedule 1 to that Act;

(b)

a compulsory acquisition is discontinued—

(i)

in the case of an acquisition by a planning authority, when the compulsory purchase order is withdrawn or the Welsh Ministers decide not to confirm it or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981;

(ii)

in the case of an acquisition by the Welsh Ministers, when they decide not to make the compulsory purchase order or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to that Act.

(8)

Schedule 12 makes further provision about purchase notices (including further provision about the circumstances in which purchase notices may be served, and provision about the action to be taken following service of a purchase notice).