Section 75: Modification of transitory exemptions based on pre-1948 use.

Town and Country Planning Act 1968 · 1968 c.72

Part VI: Miscellaneous Changes in Planning Law

75(1)

Section 13(2) of the principal Act (exemption from requirement of planning permission for resumption of normal use before the original appointed day) and section 13(4) of that Act (the same as to resumption of use of land which on that day was unoccupied) shall not have effect as respects any use of land begun or resumed after the commencement of this section.

75(2)

In the case of land which on the original appointed day was normally used for one purpose and was also used on occasions for another purpose, section 13(3) of the principal Act (exemption from requirement of planning permission for resumption of previous occasional use) shall, as respects any use of the land for the other purpose after the commencement of this section, apply only if the land has, since the original appointed day, been used for the other purpose on at least one similar occasion before the beginning of 1968.

75(3)

In applying section 13(5), (6) and (8) of the principal Act (factors relevant for determining whether planning permission is required for resumption of use following the expiration of a limited planning permission), no account shall be taken of any contravention of previous planning control other than contravention of the provisions of Part III of the Town and Country Planning Act 1947 ; and accordingly—

(a) in both section 13(6) and 13(8), for the words " or in contravention of previous planning control " there shall be substituted the words " or in contravention of the provisions of Part III of the Act of 1947 "; and

(b) section 13(10) shall cease to have effect.

75(4)

Section 13(9) of the principal Act (planning permission not required, where land has been developed without such permission, for a use of the land which would have been lawful apart from the development) shall not apply to any use of land which, by the operation of this section, has become unlawful without planning permission.

75(5)

In this section " the original appointed day " means the appointed day for the purposes of the Town and Country Planning Act 1947, that is to say 1st July 1948.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.