9E+WWhere 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.E+W
(2)For the purposes of [F1paragraph 1] 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.
Textual Amendments
F1Words in Sch. 3 para. 10(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(5), Sch. 6 para. 40(2) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
F211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 para. 11 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 40(1), Sch. 19 Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
12(1)In this Schedule “at a material date” means at either—E+W
(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.E+W
F3 [( 2 )This paragraph does not apply for the purposes of sections 111 and 138.]
Textual Amendments
F3Sch. 3 para. 13(2) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(5), Sch. 6 para. 40(3) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
F414E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 para. 14 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31, 84(6), Sch. 6 para. 40(1), Sch. 19 Pt.II (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)