Town and country planning : model clauses for use in the preparation of schemes (with notes).
- Date:
- 1935
Licence: Public Domain Mark
Credit: Town and country planning : model clauses for use in the preparation of schemes (with notes). Source: Wellcome Collection.
75/118 page 75
![industry, no greater superficial area on the ground floor may be erected on the same site, if the building is com- menced within two years after the destruction or demolition of the previous building or within such longer period as the Council may permit : Provided that— (1) if the Council or, on appeal, the Court [Minister | decide[s] that a new building having a cubic content above the level of the ground not less than that pro- posed and, in the case of premises used for business or industry a superficial area on the ground floor not less such a manner as not to contravene the relevant pro- visions of this Scheme or to contravene them in less degree than would be involved in the erection of the proposed building, then the, erection of the proposed building shall not be permissible under this Clause. (ii) it shall not be permissible under this Clause to erect any building on land on which the erection of buildings is prohibited or restricted under Sub-clauses (2) and (3) of Clause 27 except as provided in Sub- clause (3); and (i11) nothing in this Clause shall be construed as authorising the erection of a building otherwise than in conformity with the provisions of the byelaws and local Acts, but if it is impracticable to erect such a new building as aforesaid on the site of the previous building without infringing such byelaws or local Acts, the Council or, on appeal, the Court [Minister] may permit the building to be erected in whole or in part upon land adjoining that site. (2) A new building erected under this Clause may be used for any purpose of the same or similar character as that for which the previous building was last used before its destruction or demolition, or for any purpose in con- formity with the provisions of the Scheme : Provided that new buildings substituted for the build- ings hatched in use zone(s) shall not be used for the purpose of being a use which would be contrary to the provisions of this Scheme, and also of a noxious or otherwise offensive character. For the purposes of this Clause a building shall be deemed to have been demolished, if it is demolished to the extent of more than one-half of the superficial area of its main containing walls. 56. A person who desires to alter, extend or replace an existing building or to replace a building which was standing within two years before the material date in such a manner that the alteration or extension of the building or erection of the new building, as the case may be, would, save for the provisions of this Part of the Scheme, be a contravention thereof, shall submit to the Council plans and particulars of the pro- posed works not less than six weeks before the works are commenced, and the Council may within that period serve him with a counter-notice of their decision to prohibit the proposed alteration, extension or new building, and upon the service of the said counter-notice the alteration or extension of the building or the erection of the new building, as the case may be, shall be a contravention of the Scheme: Power to prohibit alterations, etc., of existing and certain other build-](https://iiif.wellcomecollection.org/image/b3217178x_0075.jp2/full/800%2C/0/default.jpg)
