Chapter 4: Grant and Implementation of Planning Permission Chapter 5: Enforcement of Planning Controls 196E Power to provide relief from enforcement of planning conditions
Subsection (1) gives the Secretary of State a power to provide by secondary legislation that a local planning authority in England may not take, or is subject to specified restrictions in how it may take, relevant enforcement measures in relation to any actual or apparent non-compliance with specified planning conditions or limitations.
	Subsection (2) provides a restriction on the power at subsection (1) to make regulations, so that the power can only be exercised for the purposes of national defence or preventing or responding to civil emergency or significant disruption to the economy of the United Kingdom or any part of the United Kingdom.
	Subsection (3) requires that the power may only be exercised with respect to an actual or apparent failure to comply with specified planning conditions or limitations which occur during a period specified in regulations of not more than one year (the "relief period"), or which are apprehended during the relief period to so occur. Subsections (7) and (8) however, permit regulations to make further provision for the treatment of non-compliances that overlap the relief period and non-compliances that occur wholly during the relief period but are not remedied by a specified time, respectively. Subsection (4) defines a "relevant enforcement measure" as anything a local planning authority can do for the purposes of investigating, preventing, remedying, or penalising an actual or apparent failure to comply with a relevant planning condition.
	Subsection (5) provides for a non-exhaustive list of measures that would constitute "a relevant enforcement measure", including powers available to local planning authorities under sections 171BA, 187B, 196A, and 196B of the TCPA 1990 and the issuing of notices under sections 171C, 171E, 172 and 172ZA, 183 and 187A of the TCPA 1990.
	Subsection (6) defines a "relevant planning condition" as a condition or limitation subject to which planning permission for development of land in England is granted. Subsection (6) sets out that the power under subsection (1) cannot be exercised in relation to certain existing statutory planning conditions or limitations including the condition limiting duration of planning permission (section 91 TCPA 1990), conditions for outline permission (section 92 TCPA 1990), the condition relating to development progress reports (new section 90B TCPA 1990) and the condition relating to biodiversity gain (section 90A and Schedule 7A TCPA 1990).
	Subsection (7) provides that regulations can be made to set out how non-compliance with a relevant planning condition will be treated where the failure to comply (a) starts before, but continues after, the start of a relief period; or (b) starts during, but continues after, a relief period.
	Subsection (8) provides that regulations can be made to set out how non-compliance with a relevant planning condition is not to be treated as occurring during a relief period if the failure to comply: (a) wholly occurs during the relief period; and (b) is not remedied by a specified time after the relief period ceases.
	Subsection (9) allows for regulations to be made to set out that where anything relating to the taking of a relevant enforcement measure is to be or may be done by a time during a relief period, it is to be or may be instead done by a specified time after that period. For example, this could include deadlines for local planning authorities to pursue enforcement where the statutory limit would otherwise expire during the relief period.
	Subsection (10) allows for regulations made under subsection (1) to: (a) apply in relation to all or only specified local planning authorities in England; (b) apply in relation to all or only specified relevant planning conditions; (c) apply in relation to all or only specified relevant enforcement measures; or (d) prevent the taking of relevant enforcement measures indefinitely or only for a specified period of time.
	Subsection (11) sets out for the purposes of this section that "specified" means specified of described in regulations under subsection (1).