Part XII

Validity

Validity of enforcement notices and similar notices.
285
A1
The validity of a completion notice under section 93H shall not, except by way of an appeal under section 93I, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
1
. . . The validity of an enforcement notice shall not, except by way of an appeal under Part VII, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
2
Subsection (1) shall not apply to proceedings brought under section 179 . . . against a person who—
a
has held an interest in the land since before the enforcement notice was issued under that Part;
b
did not have a copy of the enforcement notice served on him under that Part; and
c
satisfies the court—
i
that he did not know and could not reasonably have been expected to know that the enforcement notice had been issued; and
ii
that his interests have been substantially prejudiced by the failure to serve him with a copy of it.
3
Subject to subsection (4), the validity of a notice which has been served under section 215 on the owner and occupier of the land shall not, except by way of an appeal under Chapter II of Part VIII, be questioned in any proceedings whatsoever on either of the grounds specified in section 217(1)(a) or (b).
4
Subsection (3) shall not prevent the validity of such a notice being questioned on either of those grounds in proceedings brought under section 216 against a person on whom the notice was not served, but who has held an interest in the land since before the notice was served on the owner and occupier of the land, if he did not appeal against the notice under that Chapter.
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S. 285: power to modify conferred (11.3.1992 so far as to confer on the Secretary of State a power to 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)(b); S.I. 1992/725, arts. 2, 3
S. 285 applied (with modifications) (1.6.1992) by S.I. 1992/656, reg. 22(1), Sch. 4 Pt. 4
Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 13 para. 16(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
Ss. 284-288 modified (1.11.1995) by 1995 c. 25, s. 96, Sch. 14 para. 9(4) (with ss. 7(6), 115, 117); S.I. 1995/2765, art. 2
S. 285(1)(2) applied (with modifications) (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.
Words in s. 285(1)(2) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 42(a)(b), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)
S. 285(2) modified by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 para. 10(1); amended by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 para. 10(5)
S. 285(5)(6) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 32, 84(6), Sch. 7 para. 42(c), Sch. 19 Pt. I (with s. 84(5)); S.I. 1991/2905, art. 3, Sch.1 (subject to art. 5)
Pt. 12 modified (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), regs. 1(1), 48(1), 59
S. 285 applied (with modifications) (E.) (1.6.2015) by The Planning (Hazardous Substances) Regulations 2015 (S.I. 2015/627), regs. 1(1), 19(1), Sch. 4 Pt. 4 (with reg. 34)
S. 285 applied (with modifications) (W.) (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), regs. 1(1), 20(1), Sch. 4 Pt. 3 (with reg. 36)
S. 285(A1) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 11 para. 8 (with s. 247)