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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 URL: https://www.bailii.org/uk/legis/num_reg/2002/20022682.html |
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Made | 23rd October 2002 | ||
Laid before Parliament | 1st November 2002 | ||
Coming into force | 23rd December 2002 |
Explanatory note to accompany copy of enforcement notice
5.
Every copy of an enforcement notice served by a local planning authority under section 172(2) of the Planning Act shall be accompanied by an explanatory note which shall include the following -
(b) notification that an appellant must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring him, a statement in writing specifying the grounds on which he is appealing against the enforcement notice and stating briefly the facts on which he proposes to rely in support of each of those grounds.
(c) a list of the names and addresses of the persons on whom a copy of the enforcement notice has been served.
and if such a statement is not included with the appeal he shall deliver it to the Secretary of State not later than 14 days from the date on which the Secretary of State sends him a notice requiring him to do so.
Notification of appeal to the local planning authority
7.
Upon receipt of the statement under regulation 6 the Secretary of State shall notify the local planning authority in writing that an appeal has been made and copy to them the appeal and the statement made under regulation 6.
Local planning authority to send a copy of notice to Secretary of State
8.
Where the local planning authority receives notification under regulation 7 that an appeal has been made to the Secretary of State, the local planning authority shall send to the Secretary of State, not later than 14 days from the date of that notification, a certified copy of the enforcement notice and a list of names and addresses of the persons on whom a copy of the notice has been served under section 172(2) of the Planning Act or section 38(4) of the Listed Buildings Act, as the case may be.
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 -
whichever is the later.
Notice of receipt of all required documents
10.
When the Secretary of State considers that he has received all the documents required to enable him to entertain the appeal he shall send a notice to this effect to the appellant and the local planning authority.
(d) for regulation 9 the following were substituted -
(2) In paragraph (1) "starting date" means the date of -
whichever is the later.
In addition to minor and drafting amendments, the Regulations make the following changes of substance -
A Regulatory Impact Assessment has been prepared in relation to the Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from Development Control Policy Division, Office of the Deputy Prime Minister, Eland House, Bressenden Place, London SW1E 5DU, (Tel 020 7944 3969).
[2] 1990 c. 9; the functions of the Secretary of State under sections 39(4), 40(1) and 42(5) were, so far as exercisable in relation to Wales transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see entry in Schedule 1 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).back
[3] Section 172(1) is substituted by section 5(1) of the Planning and Compensation Act 1991 (c. 34).back
[7] S.I. 1989/193, as amended by S.I. 1991/2735 and to which there are other amendments not relevant to these Regulations.back
[8] S.I. 1991/2804, as amended by S.I. 1992/1904 and 1992/1492.back
Prepared
1 November 2002