[F1171BCMaking a planning enforcement orderE+W
(1)A magistrates' court may make a planning enforcement order in relation to an apparent breach of planning control only if—
(a)the court is satisfied, on the balance of probabilities, that the apparent breach, or any of the matters constituting the apparent breach, has (to any extent) been deliberately concealed by any person or persons, and
(b)the court considers it just to make the order having regard to all the circumstances.
(2)A planning enforcement order must—
(a)identify the apparent breach of planning control to which it relates, and
(b)state the date on which the court's decision to make the order was given.
(3)In this section “planning enforcement order” means an order under section 171BA(1).]
Textual Amendments
F1Ss. 171BA-171BC inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 124(1), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)