Statutory Instruments
TOWN AND COUNTRY PLANNING, ENGLAND
Made
25th May 1948
Laid before Parliament
25th 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 (8) of Section 75 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) 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. For the purpose of applying the provisions of subsections (1) to (7) of Section 75 of the Act to works on land carried out or uses of land begun at any time before the appointed day in contravention of any restriction in force under Section 1 or Section 2 of the Restriction of Ribbon Development Act, 1935, subsections (1) and (2) of Section 75 of the Act shall be adapted and modified so as to have effect as follows:—(2)
“(1) 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 contravention of previous planning control or any building law then, subject to the provisions of this section, the provisions of Part III of this Act with respect to enforcement notices shall apply in relation thereto as they apply in relation to development carried out after the appointed day without the grant of permission in that behalf under the said Part III:
In this section the expression “building law” means
(2) Where any such works as aforesaid were carried out, or any such use as aforesaid was begun, during the war period as defined by the Building Restrictions (War-Time Contraventions) Act, 1946, then—
(a)if by virtue of the provisions of that Act, or of that Act as amended by any regulations made by the Minister under subsection (8) of this section, or of any determination effected thereunder (whether before or after the appointed day), the works or use are deemed to comply with planning control within the meaning of that Act or with any building law, the provisions of this section shall not apply, or, as the case may be, shall cease to apply to those works or that use; and
(b)if it has been determined under that Act or under that Act amended as aforesaid (whether before or after the appointed day) that the works or use shall not be deemed to comply with planning control within the meaning of that Act or with any building law, subsection (3) of section 23 of this Act shall have effect, in relation to any enforcement notice served in respect of the works or use, by virtue of the provisions of this section, as if the proviso to that subsection were omitted.”
and subsections (3) to (7) of the said Section 75 shall have effect accordingly.
4. The Building Restrictions (War-Time Contraventions) Act, 1946, shall have effect as regards any restriction in force before the appointed day by virtue of Section 1 or Section 2 of the Restriction of Ribbon Development Act, 1935, as though:—
(a)any reference therein to a building law included a reference to any such restriction, and any reference to the authority responsible for enforcing such a law were, in relation to that restriction, a reference to the authority empowered by virtue of Section 75 of the Act as applied by Regulation 3 of these Regulations to serve an enforcement notice under Part III of the Act;
(b)any reference therein to a failure to comply or non-compliance with a building law included a reference to a failure to comply or non-compliance, before the appointed day, with any such restriction, any reference to compliance with such a law being construed accordingly;
(c)any reference in subsections (10) and (11) of Section 2 thereof to an authority responsible for enforcing planning control included a reference to an authority empowered by virtue of Section 75 of the Act as applied by Regulation 3 of these Regulations to serve an enforcement notice under Part III of the Act.
Given under the Official Seal of the Minister of Town and Country Planning this 25th day of May, 1948.
L.S.
Lewis Silkin
Minister of Town and Country Planning
Section 75 of the Town and Country Planning Act, 1947, provides for the application of the enforcement provisions contained in Part III of that Act to breaches, occurring before the appointed day, of previous planning control under the Town and Country Planning Acts of 1932 and 1943, which are repealed. These Regulations adapt the provisions of that section so as to make it applicable to breaches, occurring before the appointed day, of the control exercised by highway authorities under Sections 1 and 2 of the Restriction of Ribbon Development Act, 1935, which are also repealed. The power of enforcement is given by the Regulations to local planning authorities, as if the restrictions imposed by that Act were part of previous planning control (Regulation 3).
The Building Restrictions (War-Time Contraventions) Act, 1946, confers on authorities responsible for enforcing buildings laws or planning control power to sanction war-time non-compliance with such laws or control, and certain other powers. Regulation 4 of these Regulations makes necessary amendments in this Act in order to apply its provisions to the enforcement machinery created by Regulation 3, in substantially the same manner as it formerly applied to the enforcement of the repealed sections of the Restriction of Ribbon Development Act, 1935.
See S.I. 1948 No. 213, p. 713 above
Note.—Words printed in heavy type are words inserted by the Regulation.