The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024

Transitional provisions: undue delays in appeals

8.—(1) The amendments made to the 1990 Act by section 119 of the 2023 Act (undue delays in appeals) do not apply where—

(a) an enforcement notice has been issued under section 172 of the 1990 Act (issue of enforcement notice),

(b) the enforcement notice has not been withdrawn under section 173A of the 1990 Act (variation and withdrawal of enforcement notices), and

(c) an appeal under section 174 of the 1990 Act(1) (appeal against enforcement notice) has been made against that notice,

before the day on which that section comes into force.

(2 ) The amendments made to the 1990 Act by section 119 of the 2023 Act (undue delays in appeals) do not apply where—

(a) an application has been made to a local planning authority and determined or not determined (as the case may be) under either section 191 of the 1990 Act(2) (certificate of lawfulness of existing use or development) or section 192 of the 1990 Act (certificate of lawfulness of proposed use or development), and

(b) an appeal under either subsection (1)(a) or (1)(b) of section 195 of that Act (appeals against refusal or failure to give decision on application) has been made against that refusal or failure to give a decision,

before the day on which that section comes into force.

(1)

Section 174 was amended by section 6(1) and paragraph 22 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), article 3 of the Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), article 3 of the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W. 273)), section 123(4) of the Localism Act 2011 (c. 20), paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 46 of the Planning (Wales) AAct 2015 (anaw/dccc 4).

(2)

Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and amended by section 124(3) of the Localism Act 2011 (c. 20) and paragraph 6(3) of Schedule 4 to the Mobile Homes (Wales) Act 2013 (anaw/dccc 6).