Statutory Instruments
1948 No. 1126
TOWN AND COUNTRY PLANNING, ENGLAND
The Town and Country Planning (Enforcement of Restriction of Ribbon Development Acts) Additional Regulations, 1948
Made
27th May 1948
Laid before Parliament
27th May 1948
Coming into Operation
1st July 1948
The Minister of Town and Country Planning in exercise of the powers conferred on him by subsection (6) of Section 76 of the Town and Country Planning Act, 1947, and of all other powers enabling him in that behalf hereby makes the following Regulations:—
1. These Regulations shall come into force on the appointed day,(1) and may be cited as the Town and Country Planning (Enforcement of Restriction of Ribbon Development Acts) Additional Regulations, 1948
2.—(1) In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:—
“the Act” means
“the appointed day” means
(2) The Interpretation Act, 1889, shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
3. Where any works on land existing at the appointed day were carried out or any use to which land is put on that day was begun in accordance with permission granted subject to conditions under Section 1 or Section 2 of the Restriction of Ribbon Development Act, 1935, the provisions of subsection (1) of Section 76 of the Act shall have effect with respect to those works or that use as though references therein to a planning scheme included references to the said Section 1 or Section 2, and the provisions of subsections (2) to (5) of the said Section 76 shall have effect accordingly, subject to the provisions of the next two succeeding regulations.
4. Subsection (5) of Section 76 of the Act shall have effect as though the reference therein to planning control within the meaning of the Building Restrictions (War-Time Contraventions) Act, 1946, included a reference to the provisions of Section 1 or Section 2 of the Restriction of Ribbon Development Act, 1935
5. For the purposes of Regulation 3 of these Regulations, any works or use in respect of which a notice has been served under subsection (1) of Section 1 of the Restriction of Ribbon Development (Temporary Development) Act, 1943, or is deemed by virtue of subsection (4) of that Section to have been so served, shall be treated as carried out or begun in accordance with permission granted subject to a condition restricting the period for which the works or use may be continued on the land.
Given under the Official Seal of the Minister of Town and Country Planning this 27th day of May, 1948.
L.S.
Lewis Silkin
Minister of Town and Country Planning
EXPLANATORY NOTE
Section 76 of the Town and Country Planning Act, 1947, provides that conditions imposed in planning permissions granted under the Town and Country Planning Acts of 1932 and 1943 shall be enforceable as if they had been imposed under the 1947 Act. These Regulations apply the provisions of the Section to conditions imposed in permissions granted under Section 1 or Section 2 of the Restriction of Ribbon Development Act, 1935, which Sections are repealed by the 1947 Act. Regulation 5 provides that temporary development which, by virtue of the Restriction of Ribbon Development (Temporary Development) Act, 1943, was exempted, during the war period as defined by that Act, from enforcement action under the 1935 Act, shall be treated as if it were the subject of a planning permission granted for a limited period.
These Regulations are additional to those concerning the enforcement of the Restriction of Ribbon Development Acts made under subsection (8) of Section 75 of the Town and Country Planning Act, 1947, which require approval by resolution of each House of Parliament.
See S.I. 1948 No. 213, p. 713 above.