Buildings Restrictions (War-Time Contraventions) Act 1946
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Change 1
4 Limitation of time for enforcement, as respects war period, of building laws and planning control.
(1) Where any works on land carried out, or use of land begun, during the war period remain or continues after the expiration of five years from the end of that period, and no determination has been given under this Act whether the works or use fail to comply with any . . . planning control, the works or use shall by virtue of this section be treated for all purposes as complying therewith unless steps for enforcing the . . . control have been begun before the expiration of the said five years. (2) Where works on land not complying with planning control have been carried out at any time during the war period and before the commencement of the Planning (Interim Development) Act (Northern Ireland) 1944, or a use of land not complying with planning control has been begun at any such time, and the land is in an area with respect to which a resolution to prepare or adopt a scheme under the Planning and Housing Act (Northern Ireland) 1931 was in force at the time when the works were carried out or the use was begun, then if the authority responsible for enforcing planning control are satisfied, at any time before the expiration of five years from the end of the war period while such a resolution is in force with respect to the area and the works remain on the land or the use of the land continues, that it is necessary or expedient to exercise the powers conferred by this subsection having regard to the provisions then proposed to be included in the scheme, the said authority may by notice served on every owner and occupier of the land direct that subsection (1) of this section shall not, so far as concerns planning control, have effect in relation to the works or use of land.
4 Limitation of time for enforcement, as respects war period, of building laws and planning control.
(1) Where any works on land carried out, or use of land begun, during the war period remain or continues after the expiration of five years from the end of that period, and no determination has been given under this Act whether the works or use fail to comply with any . . . planning control, the works or use shall by virtue of this section be treated for all purposes as complying therewith unless steps for enforcing the . . . control have been begun before the expiration of the said five years. (2) Where works on land not complying with planning control have been carried out at any time during the war period and before the commencement of the Planning (Interim Development) Act (Northern Ireland) 1944, or a use of land not complying with planning control has been begun at any such time, and the land is in an area with respect to which a resolution to prepare or adopt a scheme under the Planning and Housing Act (Northern Ireland) 1931 was in force at the time when the works were carried out or the use was begun, then if the authority responsible for enforcing planning control are satisfied, at any time before the expiration of five years from the end of the war period while such a resolution is in force with respect to the area and the works remain on the land or the use of the land continues, that it is necessary or expedient to exercise the powers conferred by this subsection having regard to the provisions then proposed to be included in the scheme, the said authority may by notice served on every owner and occupier of the land direct that subsection (1) of this section shall not, so far as concerns planning control, have effect in relation to the works or use of land.
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