Section 7 Interpretation.

(1)

In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that it to say—

F1“authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section seventy-five of the M1Town and Country Planning Act 1947 F2or of F3paragraph 34 of Schedule 24 to the M2Town and Country Planning Act 1971 to serve an enforcement notice in respect thereof . . . F4 or the authority who would be so empowered if the works had been carried out, or the use begun, otherwise than in compliance with planning control.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“owner” has the same meaning as in F6the M3Housing Act 1957, and “owned” shall be construed accordingly;
F7“war period” means the period extending from the 3rd September 1939 to the 26th March 1946.
“works” includes any building, structure, excavation or other work on land.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(3)

References in this Act to non-compliance with planning control mean—

(a)

in relation to works on land carried out, or a use of land begun, at a time when the land was subject to a resolution to prepare a scheme under the M4Town and Country Planning Act 1932, that the works were carried out or the use begun otherwise than in accordance with the terms of an interim development order or of permission granted under such an order;

(b)

in relation to works on land carried out, or a use of land begun, at a time when the land was subject to such a scheme, that the works were carried out or the use begun otherwise than in conformity with the provisions of the scheme;

and references in this Act to compliance with planning control shall be construed accordingly.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

References in this Act to the enforcement of planning control shall be construed as references to the exercise of the powers conferred by F9section seventy-five of the M5Town and Country Planning Act 1947F10or by paragraph 34 of Schedule 24 to the M6Town and Country Planning Act 1971

(6)

In calculating for any of the purposes of this Act the period of five years from the end of the war period there shall be disregarded any time during which, notwithstanding the provisions of subsection (2) of section one of this Act, a . . . F11 planning control is unenforceable by reason of the subsistence in or over land of any interest or right to possession held by or on behalf of the Crown.

Annotations

Textual amendments

F1: Definition substituted by Town and Country Planning Act 1947 (c. 51), Sch. 8
F2: Words inserted by Town and Country Planning Act 1962 2(c. 38), Sch. 12
F3: Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II
F4: Words repealed by Town and Country Planning Act 1962 (c.38), Sch. 12
F5: Definitions of “building law” and “local Act” repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F6: Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
F7: Definition substituted by Statute Law (Repeals) Act 1989 (c. 43), s. 1(2), Sch. 2 Pt. II para. 11
F8: S. 7(2)(4) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F9: Words substituted by Town and Country Planning Act 1947 (c. 51), Sch. 8
F10: Words added by Town and Country Planning Act 1962 (c. 38), Sch. 12
F11: Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

Marginal citations

M1: 1947 c. 51.
M2: 1971 c. 78.
M3: 1957 c. 56.
M4: 1932 c. 48.
M5: 1947 c. 51.
M6: 1971 c. 78.

Notes on the whole Act

Textual amendments

F1

Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II

Act repealed (S.)(27.5.1997) by 1997 c. 11, s. 3, Sch. 1 Pt. II (with s. 5, Sch. 3)