{
  "url": "https://openlegislation.uk/town-and-country-planning-special-enforcement-notices-regulations-1992/note",
  "json_url": "https://openlegislation.uk/town-and-country-planning-special-enforcement-notices-regulations-1992/note.json",
  "legislation": "uksi/1992/1562",
  "legislation_title": "The Town and Country Planning (Special Enforcement Notices) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-special-enforcement-notices-regulations-1992",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 294 of the Town and Country Planning Act 1990 empowers local planning authorities (with the consent of the Crown) to issue special enforcement notices in respect of development carried out on Crown land by persons such as trespassers at a time when there is no private right to occupy the land. Section 295(5) applies to special enforcement notices certain of the provisions of sections 174, 175 and 176 of the Town and Country Planning Act 1990 relating to enforcement notices issued in respect of breaches of planning control and empowers the Secretary of State to apply other provisions of the 1990 Act with modifications. These Regulations apply to special enforcement notices certain provisions of the 1990 Act specified in the Schedule and adapt those provisions to such notices. They supersede the Town and Country Planning (Special Enforcement Notices) Regulations 1984.\nThe provisions applied are: section 173(10) (which gives the Secretary of State power to make regulations with respect to the content of enforcement notices and the informing of persons served with a copy of the notice of the right of appeal against the notice); section 173A (which relates to the variation and withdrawal of enforcement notices); sections 175(5) and (7), 322 and 322A (restrictions on right to claim in proceedings that an enforcement notice has not been duly served and awards of costs to parties in enforcement appeals); section 179 (penalties for non-compliance with an enforcement notice); section 180 (effect of planning permission on enforcement notice); section 181 (enforcement notice to have effect against subsequent development); sections 183, 184, 186 and 187 (which give power to serve stop notices, prohibiting the carrying out of activities to which an enforcement notice relates, and provide for compensation for loss due to a stop notice, in certain circumstances, where the enforcement notice is quashed or varied on appeal by the Secretary of State or that notice or the stop notice is withdrawn by the local planning authority); section 188 (register of enforcement and stop notices); section 285(1) and (2) (restriction on right to question validity of notices otherwise than by way of appeal to the Secretary of State); and section 289 (appeals to the High Court).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/1562/note",
    "retrieved_at": "2026-10-29T14:20:22.243405+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}