Levelling-up and Regeneration Act 2023

Prospective

Town and Country Planning Act 1990 U.K.

11 In section 177 (grant or modification of planning permission on appeals against enforcement notices), for subsection (2) substitute—

“(2) In considering whether to grant planning permission under subsection (1)—

(a) if the land to which the enforcement notice relates is in England, the Secretary of State must have regard—

(i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice,

(ii) to any national development management policies, so far as material to the subject matter of the enforcement notice, and

(iii) to any other material considerations, or

(b) if the land to which the enforcement notice relates is in Wales, the Welsh Ministers must have regard—

(i) to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and

(ii) to any other material considerations.”

Commencement Information

I1 Sch. 6 para. 11 not in force at Royal Assent, see s. 255(3)(b)