Office of Public Sector Information
Sections 76 and 89.
1 (1) The carrying out of—
(a) the rebuilding, as often as occasion may require, of any building which was in existence on 1st July 1948, or of any building which was in existence before that date but was destroyed or demolished after 7th January 1937, including the making good of war damage sustained by any such building;
(b) the rebuilding, as often as occasion may require, of any building erected after 1st July 1948 which was in existence at a material date;
(c) works for the maintenance, improvement or other alteration of any building, being works which—
(i) affect only the interior of the building, or do not materially affect the external appearance of the building, and
(ii) are works for making good war damage,
so long as the cubic content of the original building, as ascertained by external measurement, is not substantially exceeded.
(2) In sub-paragraph (1) “war damage” has the same meaning as in the [1943 c. 21.] War Damage Act 1943.
2 The use as two or more separate dwellinghouses of any building which at a material date was used as a single dwellinghouse.
3 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.
4 For the purposes of paragraph 1 the cubic content of a building is substantially exceeded—
(a) in the case of a dwellinghouse, if it is exceeded by more than one-tenth or 1,750 cubic feet, whichever is the greater, and
(b) in any other case, if it is exceeded by more than one-tenth.
5 (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.
6 (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 does not apply for the purposes of sections 82 or 88.
Section 80(5).
1 Where the building to be rebuilt or altered is the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed by more than 10 per cent. the amount of gross floor space which was last used for that purpose in the original building.
2 Where the building to be rebuilt or altered is not the original building, the amount of gross floor space in the building as rebuilt or altered which may be used for any purpose shall not exceed the amount of gross floor space which was last used for that purpose in the building before the rebuilding or alteration.
3 In determining under this Schedule the purpose for which floor space was last used in any building, no account shall be taken of any use in respect of which an effective enforcement notice has been or could be served or, in the case of a use which has been discontinued, could have been served immediately before the discontinuance.
4 (1) For the purposes of this Schedule gross floor space shall be ascertained by external measurement.
(2) Where different parts of a building are used for different purposes, floor space common to those purposes shall be apportioned rateably.
5 In relation to a building erected after 1st July 1948 which is a building resulting from the carrying out of any such works as are described in paragraph 1 of Schedule 11, 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.
Section 84.
1 (1) The Secretary of State may by regulations made with the consent of the Treasury provide, in relation to orders made under—
(a) section 65 modifying planning permission for development consisting of the winning or working of minerals or involving the depositing of mineral waste, or
(b) section 71, and paragraph 1, 3, 5 or 6 of Schedule 8 with respect to such winning and working or depositing,
that sections 76, 83, 87, 232 and 233 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.
(2) Without prejudice to the generality of sub-paragraph (1), such regulations may make provision—
(a) as to circumstances in which compensation is not to be payable;
(b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;
(c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed,
and may also make different provision for different cases, and incidental or supplementary provision.
(3) Such regulations shall be of no effect unless approved by a resolution of each House of Parliament.
(4) Before making any such regulations, the Secretary of State shall consult such persons as appear to him to be representative of—
(a) persons carrying out mining operations;
(b) owners of interests in land containing minerals;
(c) planning authorities.
2 The references in section 86 to questions of disputed compensation under Part IV include references to questions of disputed compensation under sections 76, 83, 87, 232 and 233 as modified by regulations under paragraph 1.
Town and Country Planning (Scotland) Act 1997