PART 3

BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 4

ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Appeals and other proceedings relating to enforcement notices

Determination of appeal
128
1
On an appeal under section 127, the Welsh Ministers may—
a
correct any defect, error or misdescription in the enforcement notice to which the appeal relates, or
b
vary the terms of the notice,
if they are satisfied that the correction or variation will not cause injustice to the appellant or the planning authority.
2
Where the Welsh Ministers determine an appeal—
a
if they allow the appeal, they may quash the enforcement notice;
b
they must give any directions necessary to give effect to their determination.
3
On the determination of an appeal the Welsh Ministers may—
a
grant listed building consent for any of the works to which the enforcement notice relates;
b
remove any condition subject to which listed building consent was granted and replace it with any other condition, whether more or less onerous;
c
exercise their power under section 76 to de-list the building to which the appeal relates.
4
Where it would otherwise be a ground for determining to allow an appeal that a copy of the enforcement notice was not served on a person who was required to be served, the Welsh Ministers may ignore that fact if neither the appellant nor that person has been substantially prejudiced by the failure.
5
The Welsh Ministers may—
a
dismiss an appeal if the appellant fails to comply with section 127(6);
b
allow an appeal and quash the enforcement notice if the planning authority fails, within the period specified in regulations made under section 175, to comply with a requirement of the regulations to—
i
submit a statement of the representations the authority proposes to make on the appeal which includes the matters specified in the regulations, or
ii
send the Welsh Ministers a copy of the enforcement notice and a list of the persons on whom copies of it were served.
6
The decision of the Welsh Ministers on the appeal (including any decision relating to the exercise of the powers conferred by subsection (3)) is final.