Chapter 4: Grant and Implementation of Planning Permission Chapter 5: Enforcement of Planning Controls Section 118: Restriction on appeals against enforcement notices Background
Section 174 of the Town and Country Planning Act 1990 deals with appeals against enforcement notices.
	Subsection (2) of section 174 sets out the grounds on which an appeal can be made. This includes ground "(a)" - that planning permission ought to be granted or that the condition or limitation imposed on the grant of permission ought to be discharged. Ground "(a)" is therefore, a way of obtaining planning permission retrospectively.
	Subsection (2A) of section 174 removes the ability for a person to lodge a ground "(a)" appeal against an enforcement notice issued in England in certain circumstances. These circumstances are that an enforcement notice was issued after a related application for planning permission had been made but before the statutory time for making a decision on the application has expired.
	Subsection (2B) provides that an application for planning permission is related to the enforcement notice if it would involve granting permission for matters included in the enforcement notice.
	This section amends section 174 to extend the circumstances in which the ability to lodge a ground "(a)" appeal against an enforcement notice issued in England is removed so that there is only one opportunity to obtain planning permission retrospectively after unauthorised development has taken place.