land is acquired or appropriated, that interest in the land, might be expected to realise , if sold in the open market by a willing seller at the time of ascertaining the cost of the project under the provisions of this Article, on the following assumptions, namely:
(a) that planning permission would be granted for
(i)any development included in the existing use of the land
(ii)any development involved in carrying out the project for which the land is required,
(iii)any development in accordance with the current development plan comprising the land, and
(iv)any other development for which, not earlier than one year before the time of ascertaining the cost of the project as aforesaid, the local planning authority have granted , or have stated that they would grant, planning permission, and
(b) that in any case where the land, or the interest in the land, would be held subject to the reservation of a periodic rent or an obligation to make some other payment of a periodic nature, the amount of that rent or other payment were a nominal amount only.
(5) Where a project forms part of a larger project or of a series of projects, the foregoing provisions of this Article shall apply with the necessary modifications for ascertaining for the purpose of Article 3 of this Order or of Section 9(7) of the Act the cost of the larger project or the series of projects aforesaid.
6. Nothing in this Order shall apply in relation to a project in so far as it comprises,
(a) the execution of works for the construction, reconstruction or repair of a dry dock, or
(b) the execution of works for the construction , reconstruction or repair of buildings or structures, being buildings or structures required for use or used wholly or mainly for the purpose of the dry docking of a ship, or
(c) the acquisition or taking on hire of plant or equipment for use in a dry dock,
and in ascertaining the nature and extent of a project for the purpose of this Order the matters aforesaid shall be disregarded.
Given under the Official Seal of the Minister of Transport the 28th August 1964.
Ernest Marples,
Minister of Transport.
EXPLANATORY NOTE
(This Note is not part of the Order, but is intended to indicate its general purport.)
The Order implements, and defines the extent of, the control, provided for in section 9 of the Harbours Act 1964, in relation to schemes of harbour development
The projects (whether for the execution of works or for the acquisition or taking on hire of plant or equipment) to which the Order applies are
