SCHEDULE 1DEVELOPMENT NOT CONSTITUTING NEW DEVELOPMENT
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(1)
In this Schedule “at a material date” means at either of the following dates—
(a)
the date of the passing of this Act; and
(b)
(subject to sub-paragraphs (2) and (3)) the date by reference to which this Schedule falls to be applied to the particular case in question.
(2)
Sub-paragraph (1)( b) shall not apply in relation to any use of land in respect of which before the date mentioned in that sub-paragraph, the planning authority have made an order under section 4(1)( b) of the Act of 1944 prohibiting that use [F1 or an enforcement notice under F2section 138 or 139 of the Planning Act served before that date has become or becomes effective].
(3)
Sub-paragraph (1)( b) shall not apply in relation to any buildings or works in respect of which, whether before or after the date mentioned in that sub-paragraph, the planning authority [F1 or the Ministry] have become, or become, entitled, under a notice served under the Schedule to the Act of 1944 [F1 or under the F3Planning Act] before that date, to take any action under section 4(1)( a) of that Act in accordance with that section and that Schedule [F1 or F4that Act].