OpenLegislation

Paragraph 2 Meaning of “required standard” for use specified in aftercare conditionI1

England and Wales Not yet in force

(1)

Sub-paragraph (2) applies where all of the following conditions are met—

(a)

an aftercare condition specifies a use of land for agriculture,

(b)

when the planning permission was granted, the land either—

(i)

was in use for agriculture, or

(ii)

had previously been used for agriculture and had not been used for any other purpose authorised by planning permission since ceasing to be used for agriculture, and

(c)

the Welsh Ministers have notified the planning authority of the physical characteristics of the land when it was last used for agriculture.

(2)

The land is brought to the required standard when its physical characteristics are restored, so far as practicable, to what they were when the land was last used for agriculture.

(3)

In any other case where an aftercare condition specifies a use of land for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

(4)

Where an aftercare condition specifies a use of land for growing timber, the land is brought to the required standard when it is reasonably fit for that use.

(5)

Where an aftercare condition specifies a use of land for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants.

Annotations

Commencement

I1

Sch. 3 para. 2 not in force at Royal Assent, see s. 409(2)