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Section 176 General provisions relating to determination of appeals.C4C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

On an appeal under section 174 the Secretary of State may—

(a)

correct any defect, error or misdescription in the enforcement notice; or

(b)

vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)

Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)

The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

(3)

The Secretary of State—

(a)

may dismiss an appeal if the appellant fails to comply with section 174(4) within the prescribed time; and

(b)

may allow an appeal and quash the enforcement notice if the local planning authority fail to comply with any requirement of regulations made by virtue of paragraph (a), (b), or (d) of section 175(1) within the prescribed period.

(4)

If F2section 175(3) would otherwise apply and the Secretary of State proposes to dismiss an appeal under paragraph (a) of subsection (3) F3of this section or to allow an appeal and quash the enforcement notice under paragraph (b) of that subsection, he need not comply with section 175(3).

(5)

Where it would otherwise be a ground for determining an appeal under section 174 in favour of the appellant that a person required to be served with a copy of the enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

F4(6)

If at any time before or during the determination of an appeal against an enforcement notice issued by a local planning authority in England it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, the Secretary of State may—

(a)

give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are so specified for the expedition of the appeal, and

(b)

if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

Annotations

Textual amendments

F1

S. 176(1)(2)(2A) substituted (2.1.1992) for s. 176(1)(2) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.23 (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)

F2

Words in s. 176(4) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 6(a) (with s. 226); S.I. 2009/400, art. 3

F3

Words in s. 176(4) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 6(b) (with s. 226); S.I. 2009/400, art. 3

F4

S. 176(6) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 119(2), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(f) (with reg. 8)

Modifications

C1

S. 176 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 18(1), Sch. 4 Pt. I

S. 176: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2

S. 176 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 1 (with reg. 34)

C3

S. 176 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 16, Sch. 4 Pt. 1 (with reg. 36)

C4

Ss. 176, 177: power to apply conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 25(1)(b); S.I. 1992/725, arts. 2, 3

Notes on Part VII

Modifications

C1

Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

C2

Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)

C3

Pt. 7 applied (with modifications) (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 41, Sch. (as amended (E.) (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2))