On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/07/2009.
36.
—(1) Subject to this section, the Development Baseline for any land shall be the value of any authorised development of that land which satisfies any one or more of the following criteria:
(a)
development charge, where payable in respect of the authorised development, has been paid;
(b)
no development charge is payable in respect of the authorised development by reason of any exemption or remission under this Act or the repealed Act; or
(c)
development charge is not payable in respect of the authorised development under the written law in force when the development was authorised.
(2) The value of any development of land referred to in subsection (1) shall be calculated in accordance with the prescribed methods and rates.
(3) Notwithstanding subsection (1), any development of land, being a development in respect of which no development charge is payable by reason of any exemption or remission under this Act or the repealed Act, shall be disregarded for the purpose of determining the Development Baseline for the land if —
(a)
any term of the exemption or remission provides that the development shall be disregarded for that purpose; or
(b)
any term of the exemption or remission has ceased to be or is not complied with.
(4) Notwithstanding subsection (1), any development of land for use as a hotel or part of a hotel authorised by the grant of written permission by the competent authority under the repealed Act between 18th April 1968 and 31st December 1969 (both dates inclusive) on any prescribed land shall be disregarded for the purpose of determining the Development Baseline for the land if —
(a)
the use of the development as a hotel or part of a hotel has ceased; or
(b)
the application for planning permission or conservation permission being considered by the competent authority for the land is for development of the land for a use other than as a hotel.
(5) Notwithstanding subsections (1) to (4), where the Development Baseline for any land cannot be ascertained in accordance with those subsections, the Development Baseline for the land shall be deemed to be the value of the last authorised development of the land before the material date.
(6) Notwithstanding subsections (1) to (5), where the Development Baseline for any land cannot be ascertained in accordance with those subsections, the competent authority may, with the prior approval of the Minister, assign the Development Baseline for that land.
(7) The Development Ceiling for any land shall be the total of the following when calculated in accordance with the prescribed method and rates:
(a)
the value of the authorised development of the land to be retained; and
(b)
the value of the development of the land to be authorised by the written permission.
(8) Notwithstanding anything in this Act, in determining both the Development Baseline and Development Ceiling for any land, any development of that land authorised by a written permission granted for a specified period not exceeding 10 years shall be disregarded.
(9) For the purposes of subsection (8) —
(a)
the fact that the period specified for a written permission granted for a development may be extended by the competent authority shall not be taken into consideration in determining whether the written permission is granted for a specified period not exceeding 10 years; and
(b)
where the competent authority extends the period for which a written permission is granted for a development, the extension shall be deemed to be a separate written permission granted for the period of the extension specified by the competent authority.
(10) In this section, unless the context otherwise requires —
“authorised”, in relation to any development of land, means any development of that land —
(a)
authorised under this Act or the repealed Act; or
(b)
effected or carried out pursuant to any written approval granted under any written law before 1st February 1960;
“material date” means the date on which an application for planning permission or conservation permission is made.