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This is the original version (as it was originally enacted).

40Repeated operation of enforcement notices

(1)Compliance with an enforcement notice, whether as respects—

(a)the demolition or alteration of any buildings or works, or

(b)the discontinuance of any use of land,

or as respects any other requirements in the enforcement notice, shall not discharge the enforcement notice.

(2)Without prejudice to subsection (1) of this section, any requirement in an enforcement notice for the discontinuance of any use of land shall operate as a requirement for the permanent discontinuance of the use to the extent that the use is in contravention of Part III of the Act of 1947, and accordingly the resumption of the use at any time after its discontinuance in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3)Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice, the enforcement notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were demolished or altered, and, subject to the provisions of this section, subsections (1) and (2) of section twenty-four of the Act of 1947 (which authorise the local planning authority themselves to take the steps required by an enforcement notice in certain cases) shall apply accordingly.

(4)If at any time after an enforcement notice takes effect any development is carried out on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with the enforcement notice, the local planning authority shall, not less than twenty-eight days before, under subsection (1) of section twenty-four of the Act of 1947, taking any steps required by the enforcement notice for the demolition or alteration of the buildings or works in consequence of the reinstatement or restoration, serve on the owner and occupier of the land a notice of their intention to take those steps.

(5)A person who, without the grant of permission in that behalf under Part III of the Act of 1947, carries out any development on land by way of reinstating or restoring buildings or works which have been demolished or altered in compliance with an enforcement notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds ; and no person shall be liable under section thirty-six of this Act for failure to take any steps required to be taken by an enforcement notice by way of demolition or alteration of what has been so reinstated or restored.

(6)This section shall apply in relation to an enforcement notice served before the commencement of this Act as well as in relation to one served after the commencement of this Act.

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