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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 44A is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.
(2)On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.
(3)Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.
(4)The references in subsection (1) to a local planning authority include F2... the Commission.
(5) In this section “ the court ” means the High Court or the county court.]
Textual Amendments
F1S. 44A inserted (25.11.1991 for the purposes specified in S.I. 1991/2728, art. 2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para.7; S.I. 1991/2728, art.2
F2Words in s. 44A(4) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 122 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Modifications etc. (not altering text)
C1S. 44A: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A26
C2Ss. 32-50 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
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