Chapter 4: Grant and Implementation of Planning Permission Chapter 5: Enforcement of Planning Controls Section 118: Restriction on appeals against enforcement notices Effect
This section reduces the ability to lodge an appeal against an enforcement notice issued in England on ground "(a)".
	This section replaces subsections (2A) and (2B) of section 174 of the Town and Country Planning Act 1990 with subsections (2A), (2AA), (2AB), (2AC) and (2B).
	New subsection (2A) provides that an enforcement notice appeal may not be brought on ground "(a)" if the land to which the enforcement notice relates is in England and the notice was issued after a ‘related application for planning permission’ was submitted.
	New subsection (2AA) sets out that a ‘related application for planning permission’ is one that covers the same development as is the subject of the enforcement notice. It includes both applications where local planning authorities or the Secretary of State are the decision maker. It does not include applications where the local planning authority or the Secretary of State have exercised their powers to decline to determine the application, for example, because it is similar to or overlaps with another application for planning permission.
	New subsection (2AB) provides that the restriction on ground "(a)" appeals only applies to enforcement notices which are issued within two years of the date the related application ceased to be under consideration.
	New subsection (2AC) explains the different circumstances in which a related application ceases to be under consideration. New subsection (2B) clarifies the day on which the application ceases to be under consideration for the purposes of calculating the two year period in which an enforcement notice must be issued if a ground "(a)" appeal is to be prohibited. This is summarised in the following table:
An application has ceased to be under consideration if:
Day on which consideration ceased
Related application was refused or granted subject to conditions and there was no appeal against that decision (where an appeal route is available)
Day on which the right to appeal arose (ie the day on which the decision on the related application was made)
Related application was not determined and there was no appeal against that non-determination
Day after the end of the statutory determination period for the related application
An appeal against the decision on the related application was made
Day on which the appeal was dismissed
An appeal against non-determination of the related application was made
Day on which the appeal was dismissed
An application was on appeal granted subject to conditions, or subject to different conditions
Day on which the appeal was determined
The Secretary of State declined to determine an appeal using his powers in section 79(6) of the TCPA in respect of a related application which was refused or granted subject to conditions
Day on which the right to appeal arose (i.e the day on which the decision on the related application was made)
The Secretary of State declined to determine an appeal using his powers in section 79(6) of the TCPA in respect of a related application which had not been determined
Day after the end of the statutory determination period for the related application