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Buildings Restrictions (War-Time Contraventions) Act 1946

Buildings Restrictions (War-Time Contraventions) Act 1946 s 7

s 7 Interpretation.

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that it to say— “ authority responsible for enforcing planning control ” means, in relation to any works on land or use of land, the authority empowered by virtue of section seventy-five of the Town and Country Planning Act 1947 or of paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 to serve an enforcement notice in respect thereof . . . or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ owner ” has the same meaning as in the Housing Act 1957, and “ owned ” shall be construed accordingly; “ war period ” means the period extending from the 3rd September 1939 to the 26th March 1946. “ works ” includes any building, structure, excavation or other work on land. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) References in this Act to non-compliance with planning control mean— (a) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order; (b) in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme; and references in this Act to compliance with planning control shall be construed accordingly. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) References in this Act to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by section seventy-five of the Town and Country Planning Act 1947 or by paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (6) In calculating for any of the purposes of this Act the period of five years from the end of the war period there shall be disregarded any time during which, notwithstanding the provisions of subsection (2) of section one of this Act, a . . . planning control is unenforceable by reason of the subsistence in or over land of any interest or right to possession held by or on behalf of the Crown.

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