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Industrial Development Act 1966

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This is the original version (as it was originally enacted).

22Certain applications for permission to retain buildings or continue use of land to require certificates

(1)Subject to subsection (2) of this section, an industrial development certificate shall be required for the purposes of an application for planning permission made after the commencement of this Act as mentioned in section 20(1) of the Town and Country Planning Act 1962 if the circumstances are such that, in accordance with section 38 of that Act, such a certificate would have been required if the application had been for planning permission to construct the building, or to institute the use of land, which the application seeks permission to retain or continue or (as the case may be) seeks permission to retain or continue without complying with a condition previously imposed.

(2)Notwithstanding the foregoing subsection, an industrial development certificate shall not be required for the purposes of an application for planning permission to retain a building or continue a use of land after the end of any period specified in, or otherwise without complying with, a condition subject to which a previous planning permission was granted if the condition in question is not one subject to which the previous planning permission was granted in accordance with the provisions of section 23 of this Act or subject to which that planning permission is by virtue of that section deemed to have been granted.

(3)Where by virtue of this section an industrial development certificate is required for the purposes of an application the said section 38 and section 40 of the said Act of 1962 (provision for cases where an industrial development certificate is withheld) shall apply in relation to that application as they apply in relation to such an application as is mentioned in subsection (1) of the said section 38.

(4)Any reference in this section to an application made as mentioned in section 20(1) of the said Act of 1962 includes a reference to an application which by virtue of section 64(2) of that Act (appeals against enforcement notices) is deemed to have been made for such planning permission as is mentioned in section 20(2) of that Act.

(5)Subsection (5) of the said section 38 shall cease to have effect.

(6)In the application of this section to Scotland—

(a)in subsection (1), the words " Subject to subsection (2) of this section " and " or (as the case may be) seeks permission to retain or continue without complying with a condition previously imposed" shall be omitted ;

(b)subsections (2) and (4) shall be omitted ;

(c)for the reference in subsection (1) to subsection (1) of section 20 of the said Act of 1962 there shall be substituted a reference to subsection (1) of section 16 of the Town and Country Planning (Scotland) Act 1947 ;

(d)for the references in subsections (1) and (3) to section 38 of the said Act of 1962 there shall be substituted references to subsection (4) of section 12 of the said Act of 1947 ;

(e)for the reference in subsection (3) to section 40 of the said Act of 1962 there shall be substituted a reference to section 59 of the Town and Country Planning (Scotland) Act 1954;

(f)for the reference in subsection (5) to subsection (5) of the said section 38 there shall be substituted a reference to subsection (4) of section 19 of the Local Employment Act 1960.

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