United Kingdom Statutory Instruments

(a) the reasons why the local planning authority consider it expedient to issue the notice;

(b) all policies and proposals in the development plan which are relevant to the decision to issue an enforcement notice; and

(c) the precise boundaries of the land to which the notice relates, whether by reference to a plan or otherwise.

(i) specifying the grounds on which he is appealing against the notice; and

(ii) setting out briefly the facts on which he proposes to rely in support of each of those grounds,



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.

(a) for references to a local planning authority there were substituted references to the Secretary of State;

(b) in regulation 4, for "section 172" there were substituted "section 182";

(c) in regulation 5 - 


(i) for "section 172(2)" there was substituted "section 182(1)"; and

(ii) in paragraph (a), after "sections 171A, 171B and 172 to 177" there were inserted "and section 182"; and



(d) for regulation 9 the following were substituted - 

     " 9.  - (1) Where an appeal has been made to the Secretary of State against an enforcement notice which he has issued, the Secretary of State shall serve on the appellant a statement indicating the submissions which he proposes to put forward on the appeal including a summary of his response to each ground of appeal pleaded by the appellant within 6 weeks of the starting date".

    (2) In paragraph (1) "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 a hearing or inquiry, as the case may be, is to be held,

whichever is the later.

(a) the contents of enforcement notices issued under section 172 of the Town and Country Planning Act 1990 and the information to be provided by local planning authorities when serving copies of such notices (Part 2);

(b) the procedure to be followed in relation to appeals against such notices and against listed building and conservation areas enforcement notices issued under section 38(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (Part 3); and

(c) the application of the Regulations to such notices issued by the Secretary of State (Part 4).

In addition to minor and drafting amendments, the Regulations make the following changes of substance - 

(a) Regulation 4(b) contains an additional requirement for the local planning authority to specify details of all policies and proposals in the development plan relevant to the decision to issue an enforcement notice;

(b) Regulation 5 sets out what matters should be dealt with in the explanatory note accompanying the enforcement notice. Additional matters to be included are the fee payable for a deemed application for planning permission and a list of names and addresses on whom a copy of the enforcement notice has been served;

(c) Regulation 7 contains an additional requirement for the Secretary of State to notify the local planning authority that an appeal has been made against the enforcement notice and to copy the appellants statement of appeal to them;

(d) Regulation 9 additionally requires the local planning authority to serve a copy of their statement on all persons on whom a copy of the enforcement notice was served;

(e) The local planning authority statement under regulation 9 must be served within 6 weeks of the Secretary of State's written notice given under regulation 10 or notifying the parties that an inquiry or hearing is to be held, whichever is later; and

(f) Regulation 10 contains an additional requirement for the Secretary of State to notify the appellant and the local planning authority when he considers that he has received all the documents required to enable him to entertain the appeal.

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).