Part V S Enforcement of Control under Parts III and IV

Modifications etc. (not altering text)

C1 Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

[F1 Breach of condition] S

Textual Amendments

F1 S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

89 Enforcement notice to have effect against subsequent development. S

(1) Compliance with an enforcement notice, whether in respect of—

(a) the [F2 removal] or alteration of any building or works; or

(b) the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2) Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3) Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F3 removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F3 removed]or altered.

(4) a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F3 removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F4 level 5 on the standard scale].

Textual Amendments

F2 Word in s. 89(1) substituted (26.3.92) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 24(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2

F3 Words in s. 89(3)(4) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 24(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2

F4 Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C2 S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

Modifications etc. (not altering text)

C1 Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Part V S Enforcement of Control under Parts III and IV

Modifications etc. (not altering text)

C3 Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

[F1 Breach of condition] S

Textual Amendments

F1 S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).

89 Enforcement notice to have effect against subsequent development. S

(1) Compliance with an enforcement notice, whether in respect of—

(a) the [F2 removal] or alteration of any building or works; or

(b) the discontinuance of any use of land,

or in respect of any other requirements contained in the enforcement notice, shall not discharge the enforcement notice.

(2) Without prejudice to subsection (1) of this section, any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III of this Act; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.

(3) Without prejudice to subsection (1) of this section, if any development is carried out on land by way of reinstating or restoring buildings or works which have been [F3 removed] or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were [F3 removed]or altered.

(4) a person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been [F3 removed] or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding [F4 level 5 on the standard scale].

Textual Amendments

F2 Word in s. 89(1) substituted (26.3.92) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 24(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2

F3 Words in s. 89(3)(4) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 24(b) (with s. 84(5)); S.I. 1992/334, art. 4, Sch.2

F4 Words substituted by virtue of Criminal Procedure (Scotland) Act s. 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C2 S. 89 extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

S. 89 modified (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5