Search Legislation

Planning (Wales) Act 2015

Status:

This is the original version (as it was originally enacted).

Enforcement

43Breach of planning control: enforcement warning notice

(1)TCPA 1990 is amended as follows.

(2)After section 173 insert—

173ZAEnforcement warning notice: Wales

(1)This section applies where it appears to the local planning authority that—

(a)there has been a breach of planning control in respect of any land in Wales, and

(b)there is a reasonable prospect that, if an application for planning permission in respect of the development concerned were made, planning permission would be granted.

(2)The authority may issue a notice under this section (an “enforcement warning notice”).

(3)A copy of an enforcement warning notice is to be served—

(a)on the owner and the occupier of the land to which the notice relates, and

(b)on any other person having an interest in the land, being an interest that, in the opinion of the authority, would be materially affected by the taking of any further enforcement action.

(4)The notice must—

(a)state the matters that appear to the authority to constitute the breach of planning control, and

(b)state that, unless an application for planning permission is made within a period specified in the notice, further enforcement action may be taken.

(5)The issue of an enforcement warning notice does not affect any other power exercisable in respect of any breach of planning control.

(3)In section 171A, in subsection (2) (steps that constitute taking enforcement action), before “or” insert—

(aa)the issue of an enforcement warning notice (defined in section 173ZA);.

(4)In section 188 (register of enforcement and stop notices etc)—

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

(aa)to enforcement warning notices,;

(b)in subsection (2), in paragraph (a), after “enforcement notice” insert ”, enforcement warning notice,”.

44Appeal against enforcement notice: deemed application for planning permission

(1)Section 177 of TCPA 1990 (grant or modification of planning permission on appeals against enforcement notices) is amended as follows.

(2)In subsection (1C), for the words from the beginning to “subsection” substitute “Subsection”.

(3)In subsection (5), for the words from the beginning to “in England and” substitute Where—

(a)an appeal against an enforcement notice is brought under section 174, and

(b).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources