PART 7

ENFORCEMENT, APPEALS ETC

Appeals

Restrictions on right to appeal against planning decisions
45
In section 78 of TCPA 1990 (right to appeal against planning decisions and failure to take such decisions), after subsection (4A) insert—
4AA
An appeal under this section may not be brought or continued against the refusal of an application for planning permission if—
a
the land to which the application relates is in Wales,
b
granting the application would involve granting planning permission in respect of matters specified in an enforcement notice as constituting a breach of planning control, and
c
on the determination of an appeal against that notice under section 174, planning permission for those matters was not granted under section 177.
4AB
An appeal under this section may not be brought or continued against the grant of an application for planning permission subject to a condition, if—
a
the land to which the application relates is in Wales,
b
an appeal against an enforcement notice has been brought under section 174 on the ground that the condition ought to be discharged, and
c
on the determination of that appeal, the condition was not discharged under section 177.
S. 45 partly in force; s. 45 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)
S. 45 in force at 16.3.2016 in so far as not already in force by S.I. 2016/52, art. 5(c) (with art. 15)