Legislation – Levelling-up and Regeneration Act 2023

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Schedules

Schedule 11Completion notices: consequential amendments

Section 112

1

TCPA 1990 is amended as follows.

2

In section 56 (time when development begun), in subsection (3), after “92,” insert “93H,”.

3

Before section 94 insert—

“Termination of planning permission: Wales”.

4 (1)

Section 94 (termination of planning permission by reference to time limit: completion notices) is amended as follows.

(2)

In the heading, at the end insert “in Wales”.

(3)

In subsection (1)—

(a)

in paragraph (a), after “planning permission” insert “in relation to land in Wales”;

(b)

in paragraphs (b) and (c), after “scheme” insert “in Wales”;

(c)

omit paragraph (d) and the preceding “or”.

5

In section 95 (effect of completion notice)—

(a)

in the heading, at the end insert “in Wales”;

(b)

in subsection (1), after “notice” insert “served in respect of land in Wales”.

6

In section 96 (power of Secretary of State to serve completion notices)—

(a)

in the heading, at the end insert “in Wales”;

(b)

in subsection (1), after “land” insert “in Wales”.

7

In section 284 (validity of development plans and certain orders, decisions and directions), in subsection (3), after paragraph (b) insert—

“(ba)

any decision on an appeal under section 93I;”.

8

In section 285 (validity of notices), before subsection (1) insert—

“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.”

9

In section 286 (challenges to validity on grounds of authority’s powers), at the end insert—

“(3)

The validity of any completion notice served or purporting to have been served by a local planning authority under section 93H shall not be called in question in any legal proceedings, or in any proceedings under this Act which are not legal proceedings, on the ground of non-compliance with any requirement of paragraph 10 of Schedule 1.”

10

In section 289 (appeals to High Court)—

(a)

in the heading, for the words from “enforcement” to the end substitute “certain notices”;

(b)

in subsection (1), after “appeal under” insert “section 93I against a completion notice or under”.

11

In section 319A (determination of procedure: England), in subsection (7), after paragraph (b) insert—

“(bza)

an appeal under section 93I against a completion notice;”.

12

In section 324 (rights of entry), in subsection (1)(c), after “sections” insert “93H,”.

13

In Schedule 1 (local planning authorities: distribution of functions), in paragraph 10, after “section” insert “93H or”.

14

In Schedule 6 (determination of appeals by appointed person)—

(a)

in paragraph 1(1), after “78,” insert “93I,”;

(b)

in paragraph 2(1), after paragraph (a) insert—

“(zaa)

in relation to an appeal under section 93I, as the Secretary of State has under that section;”.

15

In Schedule 16 (provisions referred to in sections 314 to 319), in Part 2, after the entry relating to sections 91 to 93 insert—

“Sections 93H to 93J”.