Q&As

Where a planning appeal for refusal of retrospective planning consent pursuant to section 73A of the Town and Country Planning Act 1990 is in progress, can a local planning authority still issue an enforcement notice for the removal of the development or would this be counter to good practice as the appeal may lead to planning permission for that development being issued?

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Published on LexisPSL on 21/06/2017

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

  • Where a planning appeal for refusal of retrospective planning consent pursuant to section 73A of the Town and Country Planning Act 1990 is in progress, can a local planning authority still issue an enforcement notice for the removal of the development or would this be counter to good practice as the appeal may lead to planning permission for that development being issued?

Where a planning appeal for refusal of retrospective planning consent pursuant to section 73A of the Town and Country Planning Act 1990 is in progress, can a local planning authority still issue an enforcement notice for the removal of the development or would this be counter to good practice as the appeal may lead to planning permission for that development being issued?

There is no express provision in the Town and Country Planning Act 1990 (TCPA 1990) which would prevent a local planning authority (LPA) from issuing an enforcement notice in circumstances where an appeal against refusal of permission under TCPA 1990, s 73A is pending.

However, LPAs are required to ensure enforcement action does not

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