177 Grant or modification of planning permission on appeals against enforcement notices
Town and Country Planning Act 1990 (1990 c 8) | Legislation

177  Grant or modification of planning permission on appeals against enforcement notices

(1)     On the determination of an appeal under section 174, the Secretary of State may—

[(a)     grant planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control, whether in relation to the whole or any part of those matters or in relation to the whole or any part of the land to which the notice relates;]

(b)     discharge any condition or limitation subject to which planning permission was granted;

[(c)     determine whether, on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which planning permission was granted was lawful and, if so, issue a certificate under section 191.

(1A)     The provisions of sections 191 to 194 mentioned in subsection (1B) shall apply for the purposes of subsection (1)(c) as they apply for the purposes of section 191, but

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