SCHEDULETransitional provisions in relation to functions exercised by borough planning authorities prior to the commencement date

Transitional provision: enforcement action3

1

This paragraph applies where a borough planning authority has before the commencement date in relation to any land in the development area—

a

issued an enforcement notice under section 172 of the 1990 Act14;

b

served a stop notice under section 173 of the 1990 Act15;

c

served a breach of condition notice under section 187A of the 1990 Act16; or

d

served a discontinuance notice under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 200717.

2

The borough planning authority continues to be the local planning authority for the purposes of the notice—

a

in the case of an enforcement notice, until the end of the period for compliance with the notice (construed in accordance with section 173(9) of the 1990 Act18);

b

in the case of a stop notice, until the notice ceases to have effect (construed in accordance with section 174(4) or 174(5) of the 1990 Act19);

c

in the case of a breach of condition notice, until the end of the period for compliance with the notice (construed in accordance with section 187A(7) of the 1990 Act);

d

in the case of a discontinuance notice, until the end of the period within which the display or the use of the site, as the case may be, is to be discontinued.

3

The borough planning authority must transmit a copy of the notice to the Corporation.