OpenLegislation

Section 125 Variation and withdrawal of enforcement noticeI1I2

England and Wales

(1)

Where a planning authority has issued an enforcement notice, it may—

(a)

withdraw the notice;

(b)

waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any step to be taken.

(2)

The authority may exercise the powers in subsection (1) whether or not the notice has taken effect.

(3)

The withdrawal of an enforcement notice does not prevent the planning authority from issuing another enforcement notice.

(4)

Subsection (5) applies where the planning authority had served copies of the enforcement notice under section 124(4) before exercising the powers in subsection (1).

(5)

Immediately after exercising any of those powers, the authority must give notice that it has done so to every person who was served with a copy of the enforcement notice (or who would be served with a copy of the notice if it were reissued).

Annotations

Commencement

I1

S. 125 not in force at Royal Assent, see s. 212(2)

I2

S. 125 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

Notes on Part 3

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))