PART 4ENFORCEMENT

Further provisions about effect of enforcement notices

142Deemed planning permission where enforcement notice is complied with

(1)

Subsection (2) applies where—

(a)

an enforcement notice is issued in respect of a breach of planning control,

(b)

the notice could require buildings or works to be removed or an activity to be stopped, but does not do so, and

(c)

all the requirements of the notice are complied with.

(2)

Planning permission is to be treated as having been granted by virtue of section 49 for—

(a)

the erection of the buildings or the construction or carrying out of the works, so far as the notice does not require them to be removed;

(b)

the carrying out of the activity, so far as the notice does not require it to be stopped.

(3)

Subsection (4) applies where—

(a)

an enforcement notice is issued in respect of the demolition of a building,

(b)

the notice requires the erection of a replacement building, and

(c)

all the requirements of the notice relating to the erection of the replacement building are complied with.

(4)

Planning permission is to be treated as having been granted by virtue of section 49 for the erection of the replacement building.