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Change 1
As published
42 Purchase notice on refusal or conditional grant of listed building consent.
(1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 5 to this Act, listed building consent is revoked or modified, then if any owner of the land claims—
(a) that the land has become incapable of reasonably beneficial use in its existing state ; and
(b) in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and
(c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Minister has undertaken to grant such consent,
he may, within the prescribed time and manner, serve on the council of the county borough, county district or London borough in which the land is situated a notice requiring that council to purchase his interest in the land in accordance with Part III of Schedule 5 to this Act.
(2) A notice under this section is in this Act referred to as a " listed building purchase notice ".
(3) In this section and in Part III of Schedule 5 to this Act, " the land " means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned with it, being land as to which the owner claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.
(4) Where, for the purpose of determining whether the conditions specified in paragraph's (a) to (c) of subsection (1) above are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of new development or of any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Minister have undertaken to grant such consent.
Your change, as a redline
42 Purchase notice on refusal or conditional grant of listed building consent.
(1) Where, on an application for listed building consent in respect of a building, consent is refused or is granted subject to conditions or, by an order under Part II of Schedule 5 to this Act, listed building consent is revoked or modified, then if any owner of the land claims—
(a) that the land has become incapable of reasonably beneficial use in its existing state ; and
(b) in a case where consent was granted subject to conditions with respect to the execution of the works or, as the case may be, was modified by the imposition of such conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the works in accordance with those conditions; and
(c) in any case that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Minister has undertaken to grant such consent,
he may, within the prescribed time and manner, serve on the council of the county borough, county district or London borough in which the land is situated a notice requiring that council to purchase his interest in the land in accordance with Part III of Schedule 5 to this Act.
(2) A notice under this section is in this Act referred to as a " listed building purchase notice ".
(3) In this section and in Part III of Schedule 5 to this Act, " the land " means the building in respect of which listed building consent has been refused, or granted subject to conditions, or modified by the imposition of conditions, and in respect of which its owner serves a notice under this section, together with any land comprising the building, or contiguous or adjacent to it, and owned with it, being land as to which the owner claims that its use is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.
(4) Where, for the purpose of determining whether the conditions specified in paragraph's (a) to (c) of subsection (1) above are satisfied in relation to the land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of new development or of any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Minister have undertaken to grant such consent.
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