HC Deb 19 June 1991 vol 193 cc423-5

  1. 73A. — (1) On an application made to a local planning authority, the planning permission which may be granted includes planning permission for development carried out before the date of the application.
  2. (2) Subsection (1) applies to development carried out—
    1. (a) without planning permission;
    2. (b) in accordance with planning permission granted for a limited period; or
    3. (c) without complying with some condition subject to which planning permission was granted.
  3. (3) Planning permission for such development may be granted so as to have effect from—
    1. (a) the date on which the development was carried out; or
    2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period."'

No. 39, in page 127, line 28, leave out `and (2)" there is substituted "70"' and insert `and (2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A". No. 40, in page 127, line 32, leave out `71(2)" there is substituted "70"' and insert '71(2), 72(1) and (5) and 73" there is substituted "70, 72(1) and (5), 73 and 73A"'.

No. 41, in page 127, line 35, at end insert—

  1. '16A. In section 91(4)(b), for the words from "granted" to the end there is substituted "granted for development carried out before the grant of that permission".
    2. 424
  2. 16B. — (1) In section 102, for subsections (4) and (5) there is substituted—

  1. "(4) The planning permission which may be granted by an order under this section includes planning permission, subject to such conditions as may be specified in the order, for development carried out before the date on which the order was submitted to the Secretary of State under section 103.
  2. (5) Planning permission for such development may be granted so as to have effect from—
    1. (a) the date on which the development was carried out; or
    2. (b) if it was carried out in accordance with planning permission granted for a limited period, the end of that period."'

No. 46, in page 128, line 34, at end insert— '(2) For section 177(3) there is substituted— (3) The planning permission that may be granted under subsection (1) is any planning permission that might be granted on an application under Part III. (3) In section 177(5) for "for the development to which the notice relates" there is substituted "in respect of the matters stated in the enforcement notice as constituting a breach of planning control".'

No. 47, in page 129, line 2, leave out from '(1)' to end of line 20 and insert 'Where, after the service of—

  1. (a) a copy of an enforcement notice; or
  2. (b) a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission."'

No. 48, in page 129, line 30, leave out '181(5)(b)' and insert `181—

  1. (a) in subsections (1)(a), (4)(b) and (5)(b) for "demolition", in each place where it occurs, there is substituted "removal";
  2. (b) in subsections (3), (4) and (5) for "demolished", in each place where it occurs, there is substituted "removed"; and
  3. (c) in subsection (5)(b)'

No. 49, in page 129, line 41, after 'relevant activity"' insert— '(aa) in subsection (1)(c) the words from "or for its retention" to "granted" are omitted;'

No. 121, in page 129, line 47, at beginning insert 'and'.

No. 51, in page 132, line 27, at end insert—

  1. `(aa) at the end of the definition of "buildings or works" there is inserted "and references to the removal of buildings or works include demolition of buildings and tilling in of trenches"; and
  2. (ab) for the definition of "building operations" there is substituted—
"building operations" has the meaning given by section 55;" '

No. 52, in page 132, line 30, leave out 'and'

No. 53, in page 132, line 33, at end insert `and (e) in the definition of "planning permission" the words from "and in construing" to the end are omitted.'

No. 31, in page 134, line 5, leave out from 'into' to 'may' in line 6 and insert 'a planning obligation under section 106 or 299A'

No. 56, in page 134, line 31, leave out '"64" there is substituted "63"' and insert `to 64" there is substituted "and 62"'

No. 57, in page 134, line 34, at end insert— `(bb) after the entry relating to section 72(1) to (4) there is inserted— Section 73A.'

No. 58, in page 135, line 35, at end insert— '53A. For section 67(8) of that Act there is substituted— (8) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act. 53B. For section 73(2) of that Act there is substituted— (2) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act."'—[Sir George Young.]

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