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Section 89A Effect of planning permission, etc., on enforcement or breach of condition notice.F1C1

Scotland

(1)

Where, after the service of—

C2(a)

a copy of an enforcement notice; or

(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.

(2)

Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.

C3(3)

The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.

Annotations

Textual amendments

F1

S. 89A substituted (26.3.1992 except in so far as it relates to a breach of condition notice, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para.25 (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2 and S.I. 1992/1937, art. 4 (with art. 5)

Modifications

C1

S. 89A modified in part (1.5.1993) by S.I. 1993/323, reg. 21, Sch. 4 Pts.2, 5

C2

S. 89A(1)(a) extended (26.3.1992) by S.I. 1992/478, reg.2, Sch.

C3

S. 89A(3) extended (with modifications) (26.3.1992) by S.I. 1992/478, reg.2, Sch.

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part V

Modifications

C1

Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Notes on Breach of condition

Textual amendments

F1

S. 87AA and cross heading inserted before s. 87A (10.8.1992 in so far as the inserting section inserts into this Act a definition of a breach of condition notice, otherwise 25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.34 (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).