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Planning (Wales) Act 2026
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This version of this provision is prospective.
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Changes to legislation:
Planning (Wales) Act 2026, Section 143 is up to date with all changes known to be in force on or before 11 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 143:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
143Continuing effect of enforcement notice in relation to later developmentE+W
This section has no associated Explanatory Notes
(1)Compliance with the requirements of an enforcement notice does not cause the notice to cease to have effect.
(2)Accordingly, an enforcement notice that requires a use of land to be discontinued prohibits the resumption of that use, so far as it constitutes a breach of planning control, after it has been discontinued in compliance with the notice.
(3)Subsections (4) to (6) apply if—
(a)buildings or works that have been altered or removed in compliance with an enforcement notice are restored or reinstated, and
(b)the restoration or reinstatement constitutes, or forms part of, a breach of planning control.
(4)The enforcement notice applies to the buildings or works as restored or reinstated (despite any of its terms not being suitable for them) in the same way as it applied to the buildings or works before they were altered or removed.
(5)The planning authority may exercise its powers under section 136(1) as if the steps required by the enforcement notice for the alteration or removal of the buildings or works had not been taken.
(6)At least 28 days before exercising those powers, the authority must give notice of its intention to do so to every owner and occupier of the land to which the enforcement notice relates.
(7)Subsections (8) and (9) apply if—
(a)buildings or works that have been altered or removed in compliance with an enforcement notice are restored or reinstated, and
(b)the restoration or reinstatement constitutes a breach of planning control.
(8)A person who carries out the restoration or reinstatement commits an offence and is liable on summary conviction to a fine.
(9)No person is liable under section 138(1) in respect of a failure to take steps required by the enforcement notice for the alteration or removal of the buildings or works as restored or reinstated.
Commencement Information
I1S. 143 not in force at Royal Assent, see s. 409(2)
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