Paragraph 3 Transition provision: enforcement action

(1)

This paragraph applies where a previous authority has before 1st June 2023 in relation to any land in the development area—

(a)

issued an enforcement notice under section 172 of the 1990 Act^f1,

(b)

served a stop notice under section 183 of the 1990 Act^f2,

(c)

served a breach of condition notice under section 187A of the 1990 Act^f3,

(d)

served a notice requiring the replacement of trees under section 207 of the 1990 Act^f4,

(e)

served a notice requiring steps for remedying the condition of land under section 215 of the 1990 Act,

(f)

issued a listed building enforcement notice under section 38 of the Listed Buildings Act^f5, or

(g)

served a discontinuance notice under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007^f6.

(2)

The previous authority continues to be the local planning authority for the purposes of the notice—

(a)

in the case of an enforcement notice, until the end of the period for compliance with the notice (construed in accordance with section 173(9) of the 1990 Act);

(b)

in the case of a stop notice, until the notice ceases to have effect (construed in accordance with section 184(4) or 184(5) of the 1990 Act^f7);

(c)

in the case of a breach of condition notice, until the end of the period for compliance with the notice (construed in accordance with section 187A(7) of the 1990 Act);

(d)

in the case of notice requiring the replacement of trees, until the end of the period for compliance (construed in accordance with section 207(3) of the 1990 Act);

(e)

in the case of a notice requiring steps for remedying the condition of land, until the end of the period for compliance with the notice (construed in accordance with section 216(7) of the 1990 Act);

(f)

in the case of a listed building enforcement notice, until the end of the period for compliance with the notice (construed in accordance with section 38(3) of the Listed Buildings Act);

(g)

in the case of a discontinuance notice, until the end of the period within which the display or the use of the site, as the case may be, is to be discontinued (construed in accordance with regulation 8(3)(c) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007).

(3)

The previous authority must transmit a copy of the notice to the Corporation.

Annotations

Footnotes

f1: Section 172 was substituted by section 5(1) of the Planning and Compensation Act 1991.
f2: Section 183 was amended by section 9(1) of the Planning and Compensation Act 1991.
f3: Section 187A was inserted by section 2 of the Planning and Compensation Act 1991 and amended by section 126(2) of the Localism Act 2011.
f4: Section 207 was amended by section 23(1) of the Planning and Compensation Act 1991and by paragraph 12 of Schedule 8 to the Planning Act 2008.
f5: Section 38 was amended by paragraphs 2 and 19 of Schedule 3 to the Planning and Compensation Act 1991.
f6: S.I. 2007/783, to which there are amendments not relevant to this Order.
f7: Section 184(4) and (5) was amended by paragraph 28 of Schedule 7 to the Planning and Compensation Act 1991.