The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002

Statement by local planning authority

9.—(1) Where an appeal has been made to the Secretary of State against an enforcement notice issued by a local planning authority, the authority shall submit to the Secretary of State and any person on whom a copy of the enforcement notice has been served, a statement indicating the submissions which they propose to put forward on the appeal, including—

(a) a summary of the authority’s response to each of the grounds on which the appeal is brought by the appellant;

(b) a statement whether the authority would be prepared to grant planning permission for the matters alleged in the enforcement notice to constitute the breach of planning control, or grant listed building consent or conservation area consent for the works to which the listed building enforcement notice or conservation area enforcement notice relates, as the case may be, and, if so, particulars of the conditions, if any, which they would wish to impose on the permission or consent.

(2) Any statement which is required to be submitted under paragraph (1) shall be submitted within 6 weeks of the starting date.

(3) In paragraph (2) “starting date” means the date of—

(a) the Secretary of State’s written notice under regulation 10; or

(b) the Secretary of State’s written notice under rule 4 of the Hearings Rules, rule 4 of the Inspectors Inquiries Rules or rule 4 of the Inquiries Rules, informing the appellant and the local planning authority that an inquiry or hearing, as the case may be, is to be held,

whichever is the later.