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Further to my earlier email on this, I have checked with Malcolm Lowe at DETR who confirms that he is not aware of any provision for the 5 days notice in the Part IIA primary legislation or statutory guidance. We have both double checked the legislation etc. I also asked him if there might be something else triggering it - here is his reply: "You did ask about other potential drivers, suggesting something from the "better regulation" side. One possibility is the "Enforcement Concordat" between central and local government. This states, inter alia: "Before formal enforcement action is taken, officers will provide an opportunity to discuss the circumstances of the case and, if possible, resolve points of difference, unless immediate action is required (for example, in the interests of health and safety or environmental protection or to prevent evidence being destroyed)." The full text of the concordat can be accessed via the Cabinet Office website at www.cabinet-office.gov.uk/regulation/PublicSector/concordat.htm It is possible that individual authorities are interpreting the provision quoted above as meaning that they will choose to give 5 days notice before confirming a draft determination. But it would certainly be possible to make a strong argument that the "enforcement" happens when a remediation notice is served - and Part IIA already gives a three months notice period for that. You will recollect that Parliament specifically rejected a proposal for formal consultation on determinations when it was debating Part IIA." Hope this is helpful. I'd appreciate any other feedback on where this is coming from. JMLowe