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Section 44A Injunctions.F2C1C2

England and Wales

(1)

Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

(2)

On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

(3)

Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

(4)

The references in subsection (1) to a local planning authority include F1... the Commission.

(5)

In this section “ the court ” means the High Court or the county court.

Annotations

Textual amendments

F1

Words in s. 44A(4) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 122 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F2

S. 44A inserted (25.11.1991 for the purposes specified in S.I. 1991/2728, art. 2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para.7; S.I. 1991/2728, art.2

Modifications

C1

S. 44A: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A26

C2

Ss. 32-50 applied in part (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))

Notes on Chapter IV

Modifications

C1

Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.