SCHEDULE E+W Modifications to the Town and Country Planning Act 1990

Modification of section 174 (appeal against enforcement notice) E+W

9.  Section 174(1) applies as if—

(a) in subsection (2), paragraphs (a) and (f) were omitted;

[F1 (b) Reg 3(2) subsections (2A), (2AA), (2AB), (2AC), (2B) and (2D) to (2F) were omitted.]

(c) in subsection (4)—

(i) in the opening words, for “prescribed time” there were substituted “time specified in subsection (4A)”;

(ii) for paragraph (b), there were substituted—

“(b) setting out briefly the facts on which the person proposes to rely in support of each of those grounds.”;

(d) after subsection (4), there were inserted—

“(4A) If the statement in writing referred to in subsection (4) is not included with the notice of appeal, it must be delivered to the Secretary of State not later than 14 days after the date on which the Secretary of State sends the person concerned a notice requiring that person to do so.”;

(e) in subsection (5), for “prescribed time” there were substituted “time specified in subsection (4A)”.

Textual Amendments

F1 Sch. para. 9(b) substituted (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2)(b)

Commencement Information

I1 Sch. para. 9 in force at 4.7.2023, see reg. 1(1)

(1)

Section 174 has been amended by section 61 of the 1991 Act, S.I. 2003/956, section 123(4) of the Localism Act 2011, paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).