11(1)The functions of a local planning authority of—E+W
(a)making orders under section 97 revoking or modifying planning permission [F1or permission in principle], or under section 102 requiring discontinuance of use, imposing conditions on continuance of use or requiring the alteration or removal of buildings or works, or
(b)issuing enforcement notices under section 172 or serving [F2planning contravention notices under section 171C or] stop notices under section 183 [F3or breach of condition notices under section 187A],
shall, subject to sub-paragraphs (2) to (4), be exercisable by the district planning authority.
(2)In a case where it appears to the district planning authority of a district in a non-metropolitan county that the functions mentioned in sub-paragraph (1) relate to county matters, they shall not exercise those functions without first consulting the county planning authority.
(3)Subject to sub-paragraph (4), in a non-metropolitan county those functions shall also be exercisable by a county planning authority in a case where it appears to that authority that they relate to a matter which should properly be considered a county matter.
(4)In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 1(1)(a) to (h) the functions of a local planning authority specified in sub-paragraph (1)(b) shall only be exercisable by the county planning authority in their capacity as mineral planning authority.
Textual Amendments
F1Words in Sch. 1 para. 11(1)(a) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 12 para. 41(4); S.I. 2016/733, reg. 3(d)
F2Words in Sch. 1 para. 11(1)(b) inserted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6) (with s. 84(5)); S.I. 1991/2905, art. 3, Sch. 1 (subject to art. 5)
F3Words in Sch. 1 para. 11(1)(b) inserted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 53(6)(with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))