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Caravan Sites and Control of Development Act 1960

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This is the original version (as it was originally enacted).

33Appeal to Minister against enforcement notice

(1)A person on whom an enforcement notice is served under section twenty-three of the Act of 1947, or any other person having an interest in the land, may at any time within the period specified in the enforcement notice as the period at the expiration of which it is to take effect, appeal to the Minister against the enforcement notice on any of the following grounds, that is to say—

(a)that permission ought to be granted under Part III of the Act of 1947 for the development to which the enforcement notice relates, or

(b)that permission has been granted under the said Part III for the development to which the enforcement notice relates, or

(c)that no permission was required under the said Part III in respect of the development to which the enforcement notice relates, or, as the case may be, that the conditions or limitations subject to which such permission was granted have been complied with, or

(d)that what is assumed in the enforcement notice to be development did not constitute or involve development for the purposes of the said Part III, or

(e)that the enforcement notice was not served on the owner or occupier of the land within the relevant period of four years specified in subsection (1) of section twenty-three of the Act of 1947, or

(f)that the requirements of the enforcement notice exceed what is necessary for restoring the land to its condition before the development to which the enforcement notice relates took place, or, as the case may be, for securing compliance with the conditions or limitations to which the enforcement notice relates, or

(g)that the period specified in the enforcement notice as the period within which any steps required by the enforcement notice are to be taken falls short of what should reasonably be allowed.

(2)On an appeal under this section Part III of the Act of 1947 shall have effect as if an application for permission for retention on the land of any buildings or works, or for the continuance of any use of the land, to which the enforcement notice relates had been duly made under the said Part III and referred to the Minister under section fifteen of that Act. The provisions of this subsection shall not be taken as applying sections thirty-six and thirty-seven of the Town and Country Planning Act, 1959 (which impose requirements to be complied with before certain applications for planning permission are entertained).

(3)If an appeal is brought under this section the enforcement notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4)An appeal under this section shall be made to the Minister by a written notice which shall indicate the grounds on which the appeal is brought; and on an appeal under this section the Minister shall, if either the appellant or the local planning authority so desire, afford to each of them an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose.

(5)On an appeal under this section the Minister may correct any informality, defect or error in the enforcement notice if he is satisfied that the informality, defect or error is not a material one.

(6)On the determination of an appeal under this section the Minister shall give directions for giving effect to his determination, including where appropriate directions for quashing the enforcement notice or for varying the terms of the enforcement notice in favour of the appellant.

(7)Subsection (5) of section two hundred and ninety of the Local Government Act, 1933 (which authorises a government department holding an inquiry under that section to make orders with respect to the costs of the parties), shall apply in relation to any proceedings before the Minister on an appeal under this Part of this Act as if those proceedings were an inquiry held by the Minister under the said section two hundred and ninety.

(8)The validity of an enforcement notice which has been served under section twenty4hree of the Act of 1947 on the owner and occupier of the land shall not be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b), (c), (d) or (e) of subsection (1) of this section except by way of an appeal under this Part of this Act:

Provided that this subsection shall not apply to proceedings brought under subsection (3) of section twenty-four of the Act of 1947 (which makes it an offence to use land in a manner prohibited by an enforcement notice) against a person (other than a person on whom the enforcement notice was served under section twenty-three of the Act of 1947) who has held an interest in the land since before the enforcement notice was so served and who did not appeal against the enforcement notice under this section.

(9)In the said section twenty-three, proviso (a) to subsection (3) (which provides that an enforcement notice shall be of no effect pending the determination of an application for planning permission made before the enforcement notice comes into force), and the provisions conferring an appeal to a magistrates' court against an enforcement notice, shall cease to have effect.

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