Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2683 |
| Year | 2002 |
2002 No. 2683
TOWN AND COUNTRY PLANNING, ENGLAND
The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
Made 23th October 2002
Laid before Parliament 1st November 2002
Coming into force 23th December 2002
The First Secretary of State, in exercise of the powers conferred on him by sections 175 and 323 of the Town and Country Planning Act 19901, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, and extent
1.—(1) These Regulations may be cited as the Town and Country Planning (Enforcement)(Written Representations Procedure)(England) Regulations 2002 and shall come into force on 23rd December 2002.
(2) These Regulations extend to England only.
Interpretation
2. In these Regulations—
“the appellant” means a person giving notice of appeal to the Secretary of State;
“document” includes a photograph, map or plan;
“enforcement notice” means a notice issued under section 172(1) of the Planning Act or section 38(1) of the Listed Buildings Act;
“the Enforcement Notices and Appeals Regulations” means the Town and Country Planning (Enforcement Notices and Appeals)(England) Regulations 20022;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19903;
“local planning authority” means the body who issued the relevant enforcement notice;
“notice of appeal” means a notice of appeal under section 174(3) of the Planning Act or section 39(2) of the Listed Buildings Act;
“the Planning Act” means the Town and Country Planning Act 1990;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations;
“starting date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority under regulation 4;
“written representations” includes supporting documents.
Application
3.—(1) These Regulations apply where, after they come into force, an appellant informs the Secretary of State in the notice of appeal that he wishes the appeal to be disposed of on the basis of written representations.
(2) Where an appeal under section 174 of the Planning Act or section 39 of the Listed Buildings Act is not being disposed of on the basis of written representations and the appellant and the local planning authority inform the Secretary of State that they wish it to be disposed of on that basis, these Regulations apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
(3) These Regulations cease to apply to proceedings if the Secretary of State informs the appellant and the local planning authority that he will give them an opportunity of appearing before and being heard by a person appointed by him for the purpose.
Notification of receipt of appeal
4. The Secretary of State shall, as soon as practicable after receipt of the written notice of appeal, advise the appellant and the local planning authority in writing of—
(a) the starting date;
(b) the reference number allocated to the appeal;
(c) the address to which written communications to the Secretary of State about the appeal are to be sent; and
(d) the ground, or grounds, under section 174(2) of the Planning Act or section 39(1) of the Listed Buildings Act, as the case may be, on which the appeal has been brought.
Notice to interested parties
5.—(1) The local planning authority shall, within 2 weeks of the starting date, give written notice of the appeal to any—
(a)
(a) person on whom a copy of the enforcement notice has been served;
(b)
(b) occupier of property in the locality in which the land to which the enforcement notice relates is situated; and
(c)
(c) other person who in the opinion of the local planning authority is affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice.
(2) The notice given under paragraph (1) shall include—
(a)
(a) the name of the appellant and the address of the land to which the appeal relates;
(b)
(b) the starting date;
(c)
(c) the reference number allocated to the appeal;
(d)
(d) a description of the alleged breach of control;
(e)
(e) in the case of an appeal against an enforcement notice under section 172 of the Planning Act, a statement setting out the additional matters specified in regulation 4 of the Enforcement Notices and Appeals Regulations;
(f)
(f) the ground, or grounds, under section 174(2) of the Planning Act or section 39(1) of the Listed Buildings Act, as the case may be, on which the appeal is made;
(g)
(g) a statement that representations may be submitted to the Secretary of State within 6 weeks of the starting date and the address to which such representations should be sent;
(h)
(h) a statement that any representations made by any person mentioned in paragraph (1) will be sent to the appellant and the local planning authority; and
(i)
(i) a statement that any such representations will be considered by the Secretary of State when determining the appeal unless any person mentioned in paragraph (1) withdraws them within 6 weeks of the starting date.
Questionnaire
6.—(1) The local planning authority shall within 2 weeks of the starting date submit to the Secretary of State, and copy to the appellant—
(a)
(a) a completed questionnaire; and
(b)
(b) a copy of each of the documents referred to in it.
(2) The questionnaire shall state the date on which it is submitted to the Secretary of State.
Representations
7.—(1) The notice of appeal, the documents accompanying it and any statement submitted under regulation 6 of the Enforcement Notices and Appeals Regulations...
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