Part VII

Enforcement

Enforcement notices

Effect of planning permission, etc., on enforcement or breach of condition notice.
180
1
Where, after the service of—
a
a copy of an enforcement notice; or
b
a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that
permission.
2
Where after a breach of condition notice has been served any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires
any person to secure compliance with the condition in question.
3
The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any
person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.
Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11
Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
S. 180 substituted (2.1.1992 for certain purposes, otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.26 (with s. 84(5)); S.I. 1991/2905, art.3 (subject to art. 5); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))
S. 180: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power or impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (C.10,SIF 123:1),s. 25(1)(c); S.I. 1992/725, arts. 2,3
S. 180 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 20(1), Sch. 4
S. 180: power to apply conferred (10.11.1993) by 1993 c.28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 180(1)(3) applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.
Ss. 178-181 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 15, Sch. 4 Pt. 2 (with reg. 34)
Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Ss. 178-181 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 18, Sch. 4 Pt. 2 (with reg. 36)
Pt. 7 applied (with modifications) (4.7.2023) by The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753), regs. 1(1), 41, Sch. (as amended (E.) (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2))