Planning and Compensation Act 1991

20 In section 85 (appeal against enforcement notice)—

(a) in subsection (2B)(d) for the words from “being” to “situated” there is substituted “to such persons as may be specified”;

(b) in subsection (4)—

(i) for paragraph (a) there is substituted—

“(a) the Secretary of State may—

(i) correct any defect, error or misdescription in the enforcement notice; or

(ii) vary the terms of the enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority;”; and

(ii) in paragraph (b) for “84(5)” there is substituted “84(2)”; and

(c) in subsection (5)—

(i) “or for varying the terms of the notice in favour of the appellant” is omitted; and

(ii) for paragraphs (a) to (b) there is substituted—

“(a) grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates;

(b) discharge any condition or limitation subject to which planning permission was granted;

(c) grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate; and

(d) determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 90 of this Act.”

(d) after subsection (5) there is inserted—

“(5A) The provisions of sections 90 to 90C of this Act mentioned in subsection (5B) of this section shall apply for the purposes of subsection (5)(d) of this section as they apply for the purposes of section 90 of this Act, but as if—

(a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made; and

(b) references to the planning authority were references to the Secretary of State.

(5B) Those provisions are: sections 90(5) to (7), 90B(4) (so far as it relates to the form of the certificate), (6) and (7) and 90C.”;

(e) in subsection (6), for the words from “and any planning permission” to the end there is substituted—

“(6A) The planning permission which may be granted under subsection (5) of this section is any planning permission which might be granted on an application under Part III of this Act.

(6B) Where the Secretary of State discharges a condition or limitation under subsection (5) of this section, he may substitute for it any other condition or limitation.”;

(f) in subsection (7), for “for the development to which the notice relates” there is substituted “in respect of the matters stated in the enforcement notice as constituting a breach of planning control”; and

(g) subsection (11) is omitted.