302 Enforcement in respect of war-time breaches of planning control by the Crown
302 Enforcement in respect of war-time breaches of planning control by the Crown

(1)     This section applies where during the war period—

(a)     works not complying with planning control were carried out on land, or

(b)     a use of land not complying with planning control was begun by or on behalf of the Crown.

(2)     Subject to subsection (4), if at any time after the end of the war period there subsists in the land a permanent or long-term interest which is neither held by or on behalf of the Crown nor subject to any interest or right to possession so held, the planning control shall, so long as such an interest subsists in the land, be enforceable in respect of those works or that use notwithstanding—

(a)     that the works were carried out or the land used by or on behalf of the Crown, or

(b)     the subsistence in the land of any interest held by or on behalf of the Crown in reversion (whether immediate or not) expectant on the termination of that permanent or long-term interest.

(3)     A person entitled to make an application under this subsection with respect to any land may apply at any time before the relevant date to an authority responsible for enforcing any planning control for a determination—

(a)     whether works on the land carried out, or a use of the land begun, during the war period fail to comply with any planning control which the authority are responsible for enforcing, and

(b)     if so, whether the works or use should be deemed to comply with that control.