Amendments made: No. 42, in page 8, line 3, leave out 'demolition or alteration' and insert 'alteration or removal'.
No. 43, in page 8, line 11, at end insert—
'(5A) Where an enforcement notice is issued in respect of a breach of planning control consisting of demolition of a building, the notice may require the construction of a building (in this section referred to as a "replacement building") which, subject to subsection (5B), is as similar as possible to the demolished building.
- (5B) A replacement building—
- (a) must comply with any requirement imposed by any enactment applicable to the construction of buildings;
- (b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;
- (c) must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b)).'.
No. 44, in page 8, line 34, leave out 'demolished' and insert 'removed'.
No. 45, in page 8, line 39, leave out from `granted'to end of line 42 and insert 'by virtue of section 73A in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.
- (10) Where—
- (a) an enforcement notice requires the construction of a replacement building; and
- (b) all the requirements of the notice with respect to that construction have been complied with,
planning permission shall be treated as having been granted by virtue of section 73A in respect of development consisting of that construction.'—[Sir G. Young.]