Local Government (Planning and Development) Act, 1963

Supplemental provisions as to grant of permission.

28.—(1) The power to grant permission to develop land under this Part of this Act shall include power to grant permission for the retention on land of any structures constructed, erected or made on, in, or under the land on or after the appointed day and before the date of the application, or for the continuance of any use of land instituted on or after the appointed day and before the date of the application (whether without permission granted under this Part of this Act or in accordance with permission so granted for a limited period only); and references in this Part of this Act to permission to develop land or to carry out any development of land, and to applications for such permission, shall be construed accordingly.

(2) Any such permission as is mentioned in subsection (1) of this section may be granted so as to take effect from the date on which the structures were constructed, erected or made, or the use was instituted, or from the expiration of the said period, as the case may be.

(3) Where permission has been granted by virtue of subsection (1) of this section for the retention on land of any structures, or for the continuance of the use of land, subject to any condition, the references in subsections (1) and (3) of section 31 of this Act to any conditions subject to which permission was granted in respect of any development include references to any such condition.

(4) The power conferred by subsection (1) of this section is exercisable not only where development has been carried out without permission or where previous permission has been granted for a limited period only, but also so as to permit the retention of structures or the continuance of any use of land without complying with some condition subject to which a previous permission under this Part of this Act was granted.

(5) Where permission to develop land or for the retention of a structure is granted under this Part of this Act, then, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or structure and of all persons for the time being interested therein, but without prejudice to the provisions of this Part of this Act with respect to the revocation and modification of permissions granted thereunder.

(6) Where permission is granted under this Part of this Act for the construction, erection or making of a structure, the grant of permission may specify the purposes for which the structure may be used; and if no purpose is so specified, the permission shall be construed as including permission to use the structure for the purpose for which it is designed.

(7) (a) Where permission to develop land is granted under this Part of this Act for a limited period only, nothing in this Part of this Act shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of this subsection the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land begun in contravention of the provisions of this Part of this Act.