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Paragraph 1 Circumstances in which land is usable or unusableI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies for the purposes of sections 110 and 213 and this Schedule.

(2)

References to whether land is usable are references to whether it is capable of reasonably beneficial use.

(3)

In determining whether land is usable in its existing state, a prospective use of the land must be ignored if it would involve carrying out development for which planning permission has not been granted and for which neither a planning authority nor the Welsh Ministers have undertaken to grant permission.

(4)

Land is not unusable in its existing state if—

(a)

the existing state of the land was caused by a breach of planning control,

(b)

an enforcement notice has been issued, or could be issued, requiring steps to be taken to remedy the breach or any injury to amenity caused by it, and

(c)

the land would be usable if those steps were taken.

Annotations

Commencement

I1

Sch. 12 para. 1 not in force at Royal Assent, see s. 409(2)