Buildings Restrictions (War-Time Contraventions) Act 1946

3 Supplementary provisions as to enforcement. U.K.

(1) Where during the period of five years beginning with the end of the war period any person proposes to take steps for enforcing a . . . F1 planning control in the case of works on land not complying with the . . . F1 control in question carried out during the war period, or a use of land not complying with the planning control in question begun during that period, then—

(a) unless an application under the last foregoing section in relation to the land has been made which has not been finally determined, he shall serve on every owner and occupier of the land not less than twenty-eight days’ notice of the proposal, and if within the said period of twenty-eight days any person makes an application under the last foregoing section in relation to the land and within seven days of the making thereof serves on the person proposing to take steps as aforesaid notice that the application has been made, no steps for enforcing the . . . F1 control shall be taken until the final determination of the application;

(b) if such an application has been made which has not been finally determined, no such steps shall be taken until the final determination thereof:

Provided that no notice shall be required under paragraph (a) of this subsection if steps for enforcing a . . . F1 planning control in the case of any works on land are begun within twenty-eight days of the final determination of an application under the last foregoing section in relation to the land.

(2)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(7) For the purposes of this section, an application shall be treated as having been finally determined notwithstanding that under the proviso to subsection (9) of the last foregoing section a subsequent application may be made under subsection (1) thereof.

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F2 S. 3(2)–(6) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII