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Paragraph 4 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—

“(1)

On an appeal under section 39 the Secretary of State may—

(a)

correct any defect, error or misdescription in the listed building enforcement notice; or

(b)

vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)

Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)

The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.”

Annotations

Commencement

I1

Sch. 3 para. 4 wholly in force at 2.1.1992, see s. 84(2)(3) and S.I. 1991/2905, arts. 3, 5