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Caravan Sites and Control of Development Act 1960

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This is the original version (as it was originally enacted).

38Discontinuance of enforcement notice on grant of planning permission

(1)If after an enforcement notice has been served under section twenty-three of the Act of 1947 permission for the retention on the land of any buildings or works, or for the continuance of any use of the land, to which the enforcement notice relates is granted under Part III of the Act of 1947 the enforcement notice shall, so far as it requires steps to be taken for the demolition or alteration of those buildings or works or, as the case may be, for the discontinuance of the use, cease to have effect; and if the permission was granted so as to permit the retention of buildings or works or the continuance of any use of land without complying with some condition subject to which a previous permission under the said Part III was granted, the enforcement notice shall cease to have effect so far as it requires steps to be taken for compliance with that condition.

(2)The provisions of the foregoing subsection shall be without prejudice to the liability of any person for an offence in respect of a failure to comply with the enforcement notice before the relevant provision of the enforcement notice ceased to have effect.

(3)In subsection (3) of section twenty-four of the Act of 1947 the words " without the grant of permission in that behalf under this Part of this Act" shall cease to have effect.

(4)Subsection (1) of this section shall apply to an enforcement notice whether served before or after the commencement of this Act, but not in relation to any permission granted under Part III of the Act of 1947 before the commencement of this Act.

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