OpenLegislation

Paragraph 4

England and Wales

(1)

Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect.

(2)

Any proceedings on it under sections 38 to 40 shall lapse.

(3)

Notwithstanding sub-paragraph (1), section 42(1) and (2) shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.

F1(4)

The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.

Annotations

Textual amendments

F1

Sch. 2 para. 4(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 33(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

Notes on Schedule 2

Modifications

C1

Schs. 1, 2 modified by S.I. 1990/1519, reg. 13(1)

C2

Sch. 2 applied (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))