Part 3Commencement of provisions of the Levelling-up and Regeneration Act 2023

Transitional provisions: undue delays in appeals8.

(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the enforcement notice has not been withdrawn under section 173A of the 1990 Act (variation and withdrawal of enforcement notices), and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 Act9 (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 Act10 (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.