The Town and Country Planning (Enforcement Notices and Appeals) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 1904

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Enforcement Notices and Appeals) (Amendment) Regulations 1992

Made

27th July 1992

Laid before Parliament

10th August 1992

Coming into force

1st September 1992

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 173(10), 175(1) and 336(1)(1) of the Town and Country Planning Act 1990(2), sections 40(1), and 91(1)(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990(3), and of all other powers enabling them in that behalf, hereby make the following Regulations—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Enforcement Notices and Appeals) (Amendment) Regulations 1992 and shall come into force on 1st September 1992.

(2) In these Regulations, “the 1991 Regulations” means the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991(4).

Amendments to the 1991 Regulations

2.—(1) In regulation 4(a) and 9(c)(ii) of the 1991 Regulations, after “171A” insert “,171B and 172”.

(2) In regulation 7 of those Regulations—

(a) in paragraph (1), for the words “submit to the Secretary of State and serve” substitute “serve on the Secretary of State and”;

(b) for paragraph (2) substitute—

“(2) Any statement which is required to be served by paragraph (1) of this regulation shall be served—

(a) where a local inquiry is to be held and the date fixed for the holding of the inquiry is less than 18 weeks after the relevant date, at least 6 weeks before the date fixed for the holding of the inquiry;

(b) where a local inquiry is to be held and paragraph (a) does not apply, not later than 12 weeks after the relevant date;

(c) where no local inquiry is to be held, not later than 28 days from the date on which the Secretary of State sends to the authority a notice requesting the statement.

(3) In paragraph (2), “relevant date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority of his intention to cause an inquiry to be held.”

Transitional

3.  The amendments to the 1991 Regulations contained in regulation 2(2) of these Regulations shall not apply to an appeal made before 1st September 1992.

Michael Howard

Secretary of State for the Environment

27th July 1992

David Hunt

Secretary of State for Wales

27th July 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991.

Regulation 2(1) deletes the requirement for the explanatory note accompanying an enforcement notice to include a copy of sections 171C and 171D of the Town and Country Planning Act 1990 (which relate to planning contravention notices rather than enforcement notices).

Regulation 2(2) amends the time limits for serving a local planning authority’s statement of submisssions on an enforcement appeal. This amendment only applies to appeals made on or after the coming into force of these Regulations ( Regulation 3 ).

(1)

See the definition of “prescribed”.

(2)

1990 c. 8; section 173(10) is substituted by section 5(1) of the Planning and Compensation Act 1991 (c. 34).

(3)

1990 c. 9.

(4)

S.I. 1991/2804.