Paragraph 3 Transitional provision: enforcement action

(1)

This paragraph applies where a previous authority has before 10th August 2026 in relation to any land in the development area—

(a)

applied for a planning enforcement order under section 171BA of the 1990 Act^f1, where the order is made before 10th August 2026,

(b)

issued a temporary stop notice under section 171E of the 1990 Act^f2,

(c)

issued an enforcement notice under section 172 of the 1990 Act^f3,

(d)

issued an enforcement warning notice under section 172ZA of the 1990 Act^f4,

(e)

issued an assurance withdrawal letter under section 172A(2) of the 1990 Act^f5,

(f)

served a stop notice under section 183 of the 1990 Act^f6,

(g)

served a breach of condition notice under section 187A of the 1990 Act^f7,

(h)

served a notice requiring the replacement of trees under section 207 of the 1990 Act^f8,

(i)

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

(j)

served a notice of removal or obliteration under section 225(3) of the 1990 Act^f9,

(k)

served or fixed a removal notice under section 225A of the 1990 Act^f10,

(l)

served or fixed an action notice under section 225C of the 1990 Act^f11,

(m)

served or fixed a defacement remedy notice under section 225F of the 1990 Act^f12,

(n)

served a notice of intention under section 225G(1)(a), 225H(1)(a) or 225K(2)(a) of the 1990 Act^f13,

(o)

issued a listed building enforcement notice under section 38 of the Listed Buildings Act^f14,

(p)

issued a listed building temporary stop notice under section 44AA of the Listed Buildings Act^f15, or

(q)

served a discontinuance notice under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007^f16.

(2)

The previous authority continues to be the local planning authority for the purposes of the order, notice or letter—

(a)

in the case of a planning enforcement order, until the end of the enforcement year (construed in accordance with section 171BA(3) or (4) of the 1990 Act);

(b)

in the case of a temporary stop notice, until the notice ceases to have effect (construed in accordance with section 171E(7) and (8) of the 1990 Act);

(c)

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);

(d)

in the case of an enforcement warning notice, until the end of the period specified in the notice in accordance with section 172ZA(2) of the 1990 Act;

(e)

in the case of an assurance withdrawal letter, until the time specified in the letter in accordance with section 172A(2) and (3) of the 1990 Act;

(f)

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^f17);

(g)

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);

(h)

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) and (4) of the 1990 Act);

(i)

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);

(j)

in the case of a notice of removal or obliteration, until the end of the period for compliance (construed in accordance with section 225(3) and (5) of the 1990 Act);

(k)

in the case of a removal notice, until the end of the period for compliance with the notice (construed in accordance with section 225A(11) and (12) of the 1990 Act);

(l)

in the case of an action notice under section 225C, until the end of the period for compliance with the notice (construed in accordance with sections 225C(4), (5) and (7) and 225E of the 1990 Act);

(m)

in the case of a defacement remedy notice, until the end of the period for compliance with the notice (construed in accordance with section 225F(2), (3) and (4) of the 1990 Act);

(n)

in the case of a notice of intention, until the expiry of the period of that notice (construed in accordance with section 225G(1)(b), 225H(1)(c) or 225K(2)(c), as the case may be, of the 1990 Act);

(o)

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);

(p)

in the case of a listed building temporary stop notice, until the notice ceases to have effect (construed in accordance with section 44AA(7) or 44AA(8) of the Listed Buildings Act);

(q)

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 order, notice or letter to the Corporation.

Annotations

Footnotes

f1: Section 171BA was inserted by section 124(1) of the Localism Act 2011.
f2: Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c. 5), and amended by section 116 of the Levelling-up and Regeneration Act 2023.
f3: Section 172 was substituted by section 5(1) of the Planning and Compensation Act 1991.
f4: Section 172ZA was inserted by section 117(3) of the Levelling-up and Regeneration Act 2023.
f5: Section 172A was inserted by section 125 of the Localism Act 2011.
f6: Section 183 was amended by section 9(1) of the Planning and Compensation Act 1991.
f7: Section 187A was inserted by section 2 of the Planning and Compensation Act 1991 and amended by section 120(1) of the Levelling-up and Regeneration Act 2023.
f8: Section 207 was amended by section 23(1) of the Planning and Compensation Act 1991 and by paragraph 12 of Schedule 8 to the Planning Act 2008.
f9: Section 225 was amended by section 34 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).
f10: Section 225A was inserted by section 127(1) of the Localism Act 2011.
f11: Section 225C was inserted by section 127(1) of the Localism Act 2011.
f12: Section 225F was inserted by section 127(2) of the Localism Act 2011.
f13: Sections 225G, 225H and 225K were inserted by section 127(2) of the Localism Act 2011.
f14: Section 38 was amended by paragraphs 2 and 19 of Schedule 3 to the Planning and Compensation Act 1991.
f15: Section 44AA was inserted by section 103(2) of the Levelling-up and Regeneration Act 2023. There are amendments to section 44AA which are not relevant to this Order.
f16: S.I. 2007/783.
f17: Section 184(4) and (5) was amended by paragraph 28 of Schedule 7 to the Planning and Compensation Act 1991.