Town and Country Planning Act 1990

326 Assumptions as to planning permission in determining value of interests in land

(1) In any case where the value or depreciation in value of an interest in land falls to be determined on the assumption that planning permission would be granted for development of any class specified in Schedule 3, it shall be further assumed, as regards development of any class specified in paragraph 1 or 3 of that Schedule, that such permission would be granted subject to the condition set out in Schedule 10.

(2) For the purposes of subsection (1), so far as applicable to any determination of existing use value as defined in section 144(6)—

(a) references to Schedule 3 and to paragraphs 1 and 3 of that Schedule 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 Schedule 3.

(3) Except as provided in section 111(5), nothing in subsections (1) and (2) or in paragraph 13 or 14(2) of Schedule 3 affects the meaning of “new development” in this Act or any determination to be made for the purpose of Part V.

(4) For the avoidance of doubt it is hereby declared that where, under any provision of this Act, the value of an interest in land is required to be assessed on the assumption that planning permission would be granted for development of any class specified in Schedule 3, that assumption is to be made on the footing that any such development must comply with the provisions of any enactment, other than the planning Acts, which would be applicable to it.