Housing and Planning Act 1986 (c. 63)

PART VI Miscellaneous Provisions

Provisions common to England and Wales and Scotland

54 Effect of modification or termination of enterprise zone scheme

(1) In Schedule 32 to the [1980 c. 65.] Local Government, Planning and Land Act 1980 (enterprise zones), for paragraphs 21 and 22 (effect of modification or termination of scheme on planning permission) substitute—

“Effect on planning permission of modification or termination of scheme

21 Modifications to a scheme do not affect planning permission under the scheme in any case where the development authorised by it has been begun before the modifications take effect.

22 (1) Upon an area ceasing to be an enterprise zone planning permission under the scheme shall cease to have effect except in a case where the development authorised by it has been begun.

(2) The following provisions (which provide for the termination of planning permission if the completion of development is unreasonably delayed) apply to planning permission under the scheme where development has been begun but not completed by the time the area ceases to be an enterprise zone—

(a) in England and Wales, subsections (2) to (6) of section 44 of the 1971 Act;

(b) in Scotland, subsections (2) to (6) of section 41 of the 1972 Act.”.

(2) In paragraph 26 of that Schedule (interpretation of Part III of the Schedule), after sub-paragraph (1) insert—

“(1A) The following provisions apply in determining for the purposes of this Schedule when development shall be taken to be begun—

(a) in England and Wales, subsections (1) to (3) of section 43 of the 1971 Act;

(b) in Scotland, subsections (1) to (3) of section 40 of the 1972 Act.”.