Q&As

Can a planning enforcement notice appeal be submitted under TCPA 1990, s 174 under ground (f) or (g) without submitting a ground (a) appeal?

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Published on LexisPSL on 30/10/2017

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Can a planning enforcement notice appeal be submitted under TCPA 1990, s 174 under ground (f) or (g) without submitting a ground (a) appeal?

Under section 174(2) of the Town and Country Planning Act 1990, a person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, on the grounds that:

‘(a) planning permission ought to be granted or the condition or limitation concerned ought to be discharged. An appeal on this ground is not possible where a related application for planning permission has been made and the local planning authority (LPA) issued an enforcement notice before the time for determining the application has expired

(b) the matters stated in the enforcement notice have not occurred

(c) the matters stated in the enforcement notice (if they occurred) do not constitute a breach of planning control

(

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