Planning (Wales) Act 2026

Prospective

PART 4 E+W ENFORCEMENT

Introductory E+W

112 Expressions used in connection with enforcement E+W

(1) In this Act references to a breach of planning control are to—

(a) carrying out development of land in Wales without planning permission where permission is required (see section 43), or

(b) failing to comply with a condition subject to which planning permission has been granted for development of land in Wales.

(2) In this Act references to taking enforcement action are to—

(a) issuing an enforcement warning notice (see section 119),

(b) serving a breach of condition notice (see section 125), or

(c) issuing an enforcement notice (see sections 128 and 144).

(3) In this Part—

(a) references to a condition of planning permission (except in section 131(4)) include a limitation;

(b) references to use of land do not include use for carrying out operations on the land, except that references to discontinuing a use of land in sections 128(6)(a)(ii) and 143(2) include discontinuing a use for carrying out mining operations.

Commencement Information

I1 S. 112 not in force at Royal Assent, see s. 409(2)

113 Time limits for taking enforcement action E+W

(1) Where there has been a breach of planning control of a description set out in the first column of the Table, no enforcement action may be taken in respect of the breach after the end of the period specified in the corresponding entry in the second column.

TABLE 1

Description of breach of planning control	Period for taking enforcement action
Carrying out operations on land without planning permission	4 years beginning with the day the operations were substantially completed
Making a change in the use of a building to use as a dwelling or (if the building was previously used as one or more dwellings) to use as a different number of dwellings	4 years beginning with the day the breach took place
Any other breach of planning control	10 years beginning with the day the breach took place

(2) Subsection (1) does not prevent—

(a) a breach of condition notice being served in respect of a breach of planning control at any time when an enforcement notice has effect in respect of the breach;

(b) enforcement action being taken in respect of a breach of planning control during the 4 years beginning with the day any other enforcement action (or purported enforcement action) was taken in respect of the breach.

Commencement Information

I2 S. 113 not in force at Royal Assent, see s. 409(2)

Investigatory powers E+W

114 Power of planning authority to serve enforcement investigation notice E+W

(1) This section applies where a planning authority considers that there may have been a breach of planning control in respect of any land in its area.

(2) The authority may serve an enforcement investigation notice on any person who—

(a) is an owner or occupier of the land or has any other interest in it, or

(b) is carrying out operations on the land or using it for any purpose.

(3) An enforcement investigation notice must—

(a) specify the matters that the planning authority considers may constitute a breach of planning control, and

(b) require the person on whom it is served (“the recipient”) to give the authority information specified in the notice, so far as the recipient is able to do so.

(4) The information that may be specified in the notice is information about—

(a) any operations being carried out on the land, any use of the land and any other activities being carried out on it, and

(b) any matter relating to the conditions subject to which planning permission has been granted in respect of the land.

(5) The notice may, for example, require the recipient to do any of the following (so far as the recipient is able to do so)—

(a) to state whether or not the land is being used for a purpose specified in the notice, or whether operations or activities specified in the notice are being or have been carried out on the land;

(b) to state when any use of the land, or any operations or activities on it, started;

(c) to give the name and postal address of any person known to the recipient to use or have used the land for any purpose, or to be carrying out or have carried out any operations or activities on the land;

(d) to give information the recipient holds about planning permission for any use of the land or operations on it, or about any reason for planning permission not being required for the use or operations;

(e) to state the nature of the recipient’s interest (if any) in the land and the name and postal address of any other person known to the recipient to have an interest in it.

(6) An enforcement investigation notice may specify a time and place at which the planning authority will consider—

(a) any offer the recipient wishes to make to—

(i) apply for planning permission,

(ii) refrain from carrying out operations or activities, or

(iii) carry out remedial works, and

(b) any representations the recipient wishes to make about the notice.

(7) If it does so, the authority must give the recipient an opportunity to make an offer or representations in person at the time and place specified.

(8) An enforcement investigation notice must inform the recipient—

(a) of the likely consequences of failing to respond to the notice and, in particular, that enforcement action may be taken, and

(b) of the effect of sections 124(6) and 152(7) (which exclude certain rights to compensation where loss or damage could have been avoided by complying with an enforcement investigation notice).

(9) The recipient of an enforcement investigation notice must comply with the requirements of the notice by giving information in writing to the planning authority.

(10) The service of an enforcement investigation notice does not affect any other power exercisable in respect of a breach of planning control.

Commencement Information

I3 S. 114 not in force at Royal Assent, see s. 409(2)

115 Offence of failing to comply with enforcement investigation notice E+W

(1) A person on whom an enforcement investigation notice has been served commits an offence if, at any time after the end of 21 days beginning with the day the notice was served, the person has not complied with a requirement of the notice.

(2) A person may be charged with an offence under subsection (1) by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same enforcement investigation notice by reference to different periods.

(3) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person commits an offence if, in purported compliance with a requirement of an enforcement investigation notice, the person—

(a) provides information that the person knows to be false or misleading in a material respect, or

(b) recklessly provides information that is false or misleading in a material respect.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine.

Commencement Information

I4 S. 115 not in force at Royal Assent, see s. 409(2)

116 Powers to enter land for enforcement purposes E+W

(1) A person authorised in writing by a planning authority may enter any land to—

(a) assess whether there is or has been a breach of planning control on that land or any other land;

(b) determine whether the authority should exercise any of its powers under this Part;

(c) determine how any of those powers should be exercised;

(d) assess whether there has been compliance with a requirement imposed as a result of any of those powers being exercised.

(2) A person authorised in writing by the Welsh Ministers may enter any land to determine whether an enforcement notice or stop notice should be issued.

(3) The Welsh Ministers must not authorise a person to enter land without consulting the planning authority in whose area the land to which the enforcement notice or stop notice would relate is situated.

(4) A power to enter land under this section may be exercised only—

(a) at a reasonable time, and

(b) if there are reasonable grounds for entering the land for the purpose in question.

(5) A person authorised to enter land under this section may not demand admission as of right to a building used as a dwelling unless at least 24 hours’ notice of the intended entry has been given to every occupier of the building.

(6) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary, and

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

Commencement Information

I5 S. 116 not in force at Royal Assent, see s. 409(2)

117 Warrant to enter land E+W

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) that there are reasonable grounds for entering land for a purpose mentioned in section 116, and

(b) that—

(i) admission to the land has been refused or a refusal is reasonably expected, or

(ii) the case is one of urgency.

(2) The justice of the peace may issue a warrant conferring a power to enter the land on any person authorised in writing by a planning authority or (as the case may be) the Welsh Ministers.

(3) For the purposes of subsection (1)(b)(i) admission to land is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(4) A warrant under this section confers a power to enter land—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(5) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary, and

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(6) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

Commencement Information

I6 S. 117 not in force at Royal Assent, see s. 409(2)

118 Supplementary provision about powers of entry E+W

(1) This section applies where a person has a power to enter land conferred by section 116 or by a warrant under section 117.

(2) A person who intentionally obstructs a person exercising the power of entry commits an offence.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) If damage is caused to land or other property in the exercise of the power of entry, a person suffering the damage may recover compensation from the planning authority that authorised the entry or (as the case may be) the Welsh Ministers.

(5) A person commits an offence if the person discloses information which the person obtained in the exercise of the power of entry, and which relates to a manufacturing process or trade secret, for a purpose other than that for which the person was authorised to enter the land.

(6) A person guilty of an offence under subsection (5) is liable—

(a) on summary conviction, to a fine;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

Commencement Information

I7 S. 118 not in force at Royal Assent, see s. 409(2)

Enforcement warning notices E+W

119 Power of planning authority to issue enforcement warning notice E+W

(1) A planning authority may issue an enforcement warning notice if it considers—

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

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

(2) In considering whether there is a reasonable prospect that planning permission would be granted, a planning authority must—

(a) have regard to the development plan for its area and any other relevant considerations, and

(b) make its decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(3) An enforcement warning notice must—

(a) specify the matters that the authority considers 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.

(4) The authority must serve a copy of the notice on—

(a) every owner and occupier of the land to which it relates, and

(b) any other person who has an interest in the land, if the authority considers that the person’s interest would be materially affected by taking further enforcement action.

(5) A planning authority may not issue more than one enforcement warning notice in respect of the same breach of planning control.

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

Commencement Information

I8 S. 119 not in force at Royal Assent, see s. 409(2)

Temporary stop notices E+W

120 Power of planning authority to issue temporary stop notice E+W

(1) A planning authority may issue a temporary stop notice if it considers—

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

(b) that the activity that constitutes the breach (or any part of that activity) ought to be stopped immediately.

(2) A temporary stop notice must—

(a) specify the activity that the authority considers to constitute the breach of planning control,

(b) prohibit the carrying out of the activity that constitutes the breach (or of so much of the activity as is specified in the notice),

(c) set out the authority’s reasons for issuing the notice, and

(d) state the effect of section 123 (offence of breaching temporary stop notice).

(3) The planning authority must display a copy of the temporary stop notice on the land to which it relates; and the copy must specify the date on which it is first displayed.

(4) But if it is not reasonably practicable to display a copy of the notice on the land, the authority may instead display a copy in a prominent place as near to the land as is reasonably practicable.

(5) The authority may serve a copy of the notice on any person the authority considers—

(a) to be carrying out the activity that the notice prohibits or causing or permitting the activity to be carried out,

(b) to be an occupier of the land to which the notice relates, or

(c) to have an interest in the land.

Commencement Information

I9 S. 120 not in force at Royal Assent, see s. 409(2)

121 Restrictions on power to issue temporary stop notice E+W

(1) A temporary stop notice may not prohibit—

(a) the use of a building as a dwelling, or

(b) the carrying out of an activity of a description, or in circumstances, specified in regulations.

(2) A temporary stop notice may not prohibit the carrying out of an activity that has been carried out (whether or not continuously) for at least 4 years before the day a copy of the notice is first displayed in accordance with section 120.

(3) For the purposes of subsection (2) any period during which the activity was authorised by planning permission must be ignored.

(4) Subsection (2) does not prevent a temporary stop notice prohibiting—

(a) the carrying out of operations on land or of any activity incidental to them, or

(b) the depositing of waste on land.

Commencement Information

I10 S. 121 not in force at Royal Assent, see s. 409(2)

122 Duration etc. of temporary stop notice E+W

(1) A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 120.

(2) A temporary stop notice ceases to have effect—

(a) at the end of 28 days beginning with the day the copy of it is first displayed in accordance with section 120, or

(b) if it specifies a shorter period beginning with that day, at the end of that period.

(3) But if the planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

(4) A planning authority may not issue a second or subsequent temporary stop notice in relation to the same activity unless the authority has, since issuing the previous notice, taken enforcement action in relation to the activity.

(5) In subsection (4) the reference to taking enforcement action includes obtaining an injunction under section 153.

Commencement Information

I11 S. 122 not in force at Royal Assent, see s. 409(2)

123 Offence of breaching temporary stop notice E+W

(1) A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out an activity prohibited by the notice or causes or permits such an activity to be carried out.

(2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.

(3) In proceedings against a person for an offence under this section, it is a defence for the person to prove that—

(a) a copy of the temporary stop notice was not served on the person, and

(b) the person did not know, and could not reasonably have been expected to know, of the existence of the notice.

(4) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

(5) In determining the amount of the fine, the court must in particular have regard to any financial benefit that has accrued or appears likely to accrue to the person in consequence of the offence.

Commencement Information

I12 S. 123 not in force at Royal Assent, see s. 409(2)

124 Compensation for loss or damage caused by temporary stop notice E+W

(1) This section applies where—

(a) an activity specified in a temporary stop notice is, at the time the notice takes effect, authorised by planning permission granted before the day the notice takes effect,

(b) a certificate of lawfulness is issued under section 156 (whether by a planning authority on an application under that section or by the Welsh Ministers on an appeal under section 131 or 160) in respect of an activity specified in a temporary stop notice, or

(c) a planning authority withdraws a temporary stop notice after it has taken effect.

(2) This section does not apply by virtue of subsection (1)(c) where—

(a) an activity specified in the temporary stop notice is authorised by planning permission granted on or after the day the notice takes effect, and

(b) the planning authority withdraws the notice after the grant of that permission.

(3) Any person who has an interest in the land to which the notice relates at the time the notice takes effect is entitled, on making a claim to the planning authority, to be paid compensation by the authority for any loss or damage suffered by the person that is directly attributable to the effect of the notice.

(4) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by taking action necessary to comply with the notice.

(5) No compensation is payable under this section in respect of the prohibition of an activity which, at any time when the temporary stop notice has effect, constitutes or contributes to a breach of planning control.

(6) No compensation is payable under this section for loss or damage that the claimant could have avoided by—

(a) providing information that the claimant was required to provide by—

(i) an enforcement investigation notice,

(ii) an information notice served by the planning authority (see section 383), or

(iii) a notice served by the planning authority under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), or

(b) co-operating with the planning authority in any other way when responding to such a notice.

(7) A claim for compensation under this section must be made in writing within 12 months beginning—

(a) in a case falling within subsection (1)(a) or (b) but not within subsection (1)(c), with the day the temporary stop notice takes effect;

(b) in a case falling within subsection (1)(c), with the day the notice is withdrawn.

Commencement Information

I13 S. 124 not in force at Royal Assent, see s. 409(2)

Breach of condition notices E+W

125 Power of planning authority to serve breach of condition notice E+W

(1) This section applies where—

(a) planning permission for the development of any land in Wales has been granted subject to conditions, and

(b) a condition of the permission is not complied with.

(2) The planning authority in whose area the land is situated may serve a breach of condition notice on—

(a) any person who is carrying out or has carried out the development, or

(b) any other person who has control of the land.

(3) For the purposes of subsection (2)(a), carrying out development includes causing or permitting another person to carry it out.

(4) A breach of condition notice must—

(a) require the person on whom it is served to secure compliance with the conditions of the planning permission that are specified in the notice, and

(b) specify the steps the planning authority considers ought to be taken, or the activities the authority considers ought to be stopped, to secure compliance with those conditions.

(5) The only conditions of the planning permission that may be specified in a notice served by virtue of subsection (2)(b) are conditions regulating the use of the land.

(6) A breach of condition notice must specify the period within which compliance with the conditions specified in it must be secured.

(7) The period must be at least 28 days beginning with the day the notice is served.

(8) The planning authority may extend the period by serving a further notice on the person on whom the breach of condition notice was served.

(9) Where a planning authority has served a breach of condition notice on a person, it may withdraw the notice by serving a further notice on the person.

(10) The withdrawal of a breach of condition notice does not prevent the planning authority serving another breach of condition notice.

Commencement Information

I14 S. 125 not in force at Royal Assent, see s. 409(2)

126 Offence of failing to comply with breach of condition notice E+W

(1) A person on whom a breach of condition notice has been served is guilty of an offence if, at any time after the end of the period allowed for compliance with the notice—

(a) any condition specified in the notice is not complied with, and

(b) any step specified in the notice has not been taken or any activity specified in the notice has not been stopped.

(2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same breach of condition notice by reference to different periods.

(3) In proceedings against a person for an offence under this section, it is a defence for the person to prove—

(a) that the person took all reasonable steps to secure compliance with the conditions specified in the notice, or

(b) where the notice was served on the person by virtue of section 125(2)(b), that the person no longer had control of the land at the time of the alleged offence.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) In subsection (1) the reference to the period allowed for compliance with the breach of condition notice is to—

(a) the period specified in the notice under section 125(6), or

(b) that period as extended under section 125(8).

Commencement Information

I15 S. 126 not in force at Royal Assent, see s. 409(2)

127 Effect of grant of planning permission or removal of condition on breach of condition notice E+W

(1) This section applies where a planning authority has served a breach of condition notice.

(2) If planning permission is granted for development that was carried out before the grant of the permission, the notice ceases to have effect so far as it is inconsistent with the permission.

(3) If a condition of planning permission that is specified in the notice is removed (whether or not it is replaced with another condition), the notice ceases to have effect so far as it requires any person to secure compliance with that condition.

(4) The fact that a breach of condition notice wholly or partly ceases to have effect by virtue of this section does not affect the liability of any person for an offence in respect of a previous failure to secure compliance with a condition specified in the notice.

Commencement Information

I16 S. 127 not in force at Royal Assent, see s. 409(2)

Enforcement notices E+W

128 Power of planning authority to issue enforcement notice E+W

(1) A planning authority may issue an enforcement notice if it considers that there has been a breach of planning control in respect of any land in its area.

(2) In considering whether to issue an enforcement notice, a planning authority must—

(a) have regard to the development plan for its area and any other relevant considerations, and

(b) make its decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(3) An enforcement notice must specify—

(a) the matters the authority considers to constitute the breach of planning control, and

(b) the paragraph of section 112(1) within which the authority considers the breach to fall.

(4) A notice complies with subsection (3)(a) if it enables each person on whom a copy of it is served to know what those matters are.

(5) An enforcement notice must specify the steps the planning authority requires to be taken, or the activities it requires to be stopped, to achieve (wholly or partly) either or both of the purposes set out in subsection (6).

(6) The purposes are—

(a) remedying the breach by doing one or more of the following—

(i) making development comply with the terms (including conditions) of any planning permission granted in respect of the land,

(ii) discontinuing a use of the land, or

(iii) restoring the land to its condition before the breach took place;

(b) remedying any injury to amenity caused by the breach.

(7) An enforcement notice may, for example, require—

(a) buildings or works to be altered or removed,

(b) operations to be carried out, or

(c) the contour of a deposit of waste to be modified by altering any of the gradients of its sides.

(8) An enforcement notice may require an activity to be stopped wholly or partly.

(9) Where an enforcement notice is issued in respect of the demolition of a building, the notice may require the erection of a replacement building that is as similar as possible to the demolished building.

(10) But the replacement building—

(a) must comply with any requirement imposed by an enactment that applies to the erection of buildings;

(b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control;

(c) must comply with any provision of regulations made for the purposes of this subsection (which may include provision modifying paragraphs (a) and (b)).

Commencement Information

I17 S. 128 not in force at Royal Assent, see s. 409(2)

129 Service, taking effect etc. of enforcement notice E+W

(1) An enforcement notice must specify—

(a) the date on which it is to take effect, and

(b) the period within which the steps specified in the notice must be taken or the activities specified in it must be stopped.

(2) The notice takes effect at the beginning of the day specified under subsection (1)(a); but where an appeal is made against the notice under section 131, this is subject to sections 131(7)(a) and 378(6).

(3) An enforcement notice may specify different periods for taking different steps or stopping different activities.

(4) Where a planning authority issues an enforcement notice, it must serve a copy of the notice on—

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

(b) any other person who has an interest in the land, if the authority considers that the person’s interest is materially affected by the notice.

(5) Each copy of the notice must be served—

(a) before the end of 28 days after the day the notice is issued, and

(b) at least 28 days before the date specified in the notice as the date on which it is to take effect.

(6) Regulations may—

(a) specify additional matters that must be specified in an enforcement notice;

(b) require a planning authority to include with every copy of an enforcement notice that it serves under this section an explanatory note giving information specified in the regulations about the right of appeal under section 131.

Commencement Information

I18 S. 129 not in force at Royal Assent, see s. 409(2)

130 Variation and withdrawal of enforcement notice E+W

(1) Where a planning authority has issued an enforcement notice, it may—

(a) withdraw the notice;

(b) waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any step to be taken or any activity to be stopped.

(2) The authority may exercise the powers in subsection (1) whether or not the notice has taken effect.

(3) The withdrawal of an enforcement notice does not prevent the planning authority issuing another enforcement notice.

(4) Subsection (5) applies where the planning authority had served copies of the enforcement notice under section 129(4) before exercising the powers in subsection (1).

(5) Immediately after exercising any of those powers, the authority must give notice that it has done so to—

(a) every person who was served with a copy of the enforcement notice, and

(b) any other person who would be served with a copy of the notice if it were reissued.

Commencement Information

I19 S. 130 not in force at Royal Assent, see s. 409(2)

Appeals against enforcement notices E+W

131 Right to appeal against enforcement notice E+W

(1) The following persons may appeal to the Welsh Ministers against an enforcement notice (whether or not a copy of the notice has been served on them)—

(a) any person who has an interest in the land to which the notice relates;

(b) any person who by virtue of a licence—

(i) occupies the land on the day the notice is issued, and

(ii) continues to occupy it when the appeal is made.

(2) An appeal may be made on one or more of the following grounds—

(a) that, in relation to the matters specified in the enforcement notice as constituting a breach of planning control, planning permission ought to be granted or a condition of planning permission ought to be removed;

(b) that the matters specified in the notice as constituting a breach of planning control have not occurred;

(c) that those matters (if they have occurred) do not constitute a breach of planning control;

(d) that if those matters do constitute a breach of planning control, no enforcement action could be taken in respect of the breach on the day the notice was issued;

(e) that a copy of the notice was not served on a person as required by section 129;

(f) that the steps the notice requires to be taken for either of the purposes set out in section 128(6), or the activities it requires to be stopped for either of those purposes, exceed what is necessary for the purpose in question;

(g) that the period within which the notice requires any step to be taken or any activity to be stopped is unreasonably short.

(3) An appeal against an enforcement notice may not be made on the ground that planning permission ought to be granted for a matter specified in the notice if—

(a) the enforcement notice was issued after a decision to refuse planning permission for development was upheld on an appeal under section 73, and

(b) granting planning permission for that development would have involved granting planning permission for the matter concerned.

(4) An appeal may not be made on the ground that a condition of planning permission ought to be removed if the enforcement notice was issued after a decision to grant planning permission subject to the condition was upheld on an appeal under section 73.

(5) In subsections (3) and (4) references to a decision that was upheld on an appeal include a decision in respect of which the Welsh Ministers dismissed an appeal under section 77(7) (undue delay by appellant).

(6) An appeal under this section must be made by—

(a) serving a notice of appeal on the Welsh Ministers before the date specified in the enforcement notice as the date on which it is to take effect,

(b) sending a notice of appeal to the Welsh Ministers in a properly addressed and pre-paid letter posted to them at a time when, in the ordinary course of post, it would be delivered to them before that date, or

(c) sending a notice of appeal to the Welsh Ministers using electronic communications at a time when, in the ordinary course of transmission, it would be delivered to them before that date.

(7) Where an appeal is made—

(a) the enforcement notice has no effect until the appeal is finally determined or withdrawn; but this is subject to any order under section 378(6);

(b) neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that the enforcement notice was not served on the appellant in accordance with section 129.

(8) An appellant must submit to the Welsh Ministers a statement in writing containing information required by regulations.

(9) The appellant must submit the statement either—

(a) with the notice of appeal, or

(b) within the period specified in regulations.

(10) Where an appeal is made on more than one ground, if the appellant fails to give information required under subsection (8) in relation to a ground within the period specified under subsection (9)(b), the Welsh Ministers may determine the appeal without considering that ground.

Commencement Information

I20 S. 131 not in force at Royal Assent, see s. 409(2)

132 Determination of appeal: general E+W

(1) On an appeal against an enforcement notice the Welsh Ministers may—

(a) correct any defect, error or misdescription in the notice, 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) 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 as required by section 129, the Welsh Ministers may ignore that fact if neither the appellant nor that person has been substantially prejudiced by the failure.

(4) The Welsh Ministers may—

(a) dismiss an appeal if the appellant fails to comply with section 131(9);

(b) allow an appeal and quash the enforcement notice if the planning authority fails, within the period specified in regulations made under section 367, to comply with a requirement of the regulations to—

(i) submit a statement of the representations the authority proposes to make on the appeal that 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.

(5) Chapter 2 of Part 14 makes further provision about the procedure for the consideration of appeals against enforcement notices (including provision for them to be determined by inspectors).

Commencement Information

I21 S. 132 not in force at Royal Assent, see s. 409(2)

133 Grant of planning permission etc. on determination of appeal E+W

(1) On the determination of an appeal against an enforcement notice, the Welsh Ministers may—

(a) grant planning permission for the matters specified in the enforcement notice as constituting a breach of planning control;

(b) remove any condition subject to which planning permission was granted.

(2) Subsection (1)(a) applies only if the grounds on which the appeal is made include the ground mentioned in section 131(2)(a).

(3) In considering whether to grant planning permission under this section, the Welsh Ministers must—

(a) have regard to the development plan for the area in which the land to which the enforcement notice relates is situated and any other relevant considerations, and

(b) make their decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(4) The Welsh Ministers may grant planning permission under this section—

(a) for all the matters specified in the enforcement notice as constituting a breach of planning control or any one or more of those matters, and

(b) in relation to the whole of the land to which the notice relates or any part of that land.

(5) The planning permission that may be granted under this section is any planning permission that could be granted on an application under Part 3.

(6) If the Welsh Ministers remove a condition of planning permission under this section, they may replace it with any other condition, whether more or less onerous.

(7) Schedule 3 (conditions relating to mining operations and depositing of waste) applies, with any necessary modifications, in relation to a planning permission granted by the Welsh Ministers under this section as it applies in relation to a planning permission granted by a planning authority.

(8) See also Chapter 9 of Part 3 for provision requiring planning permission to be granted subject to conditions relating to the duration and implementation of the permission.

(9) The decision of the Welsh Ministers in relation to a grant of planning permission or the removal of a condition of planning permission under this section is final.

Commencement Information

I22 S. 133 not in force at Royal Assent, see s. 409(2)

134 Issue of certificate of lawfulness on determination of appeal E+W

(1) On the determination of an appeal against an enforcement notice, the Welsh Ministers may determine whether on the day the appeal was made—

(a) an existing use of the land to which the enforcement notice relates was lawful,

(b) operations that had been carried out on the land were lawful, or

(c) any other matter constituting a failure to comply with a condition of planning permission for the development of the land was lawful.

(2) If the Welsh Ministers determine that any of those things were lawful on that day, they may issue a certificate of lawfulness under section 156.

(3) Sections 156(4) and 159(1), (2), (4) and (5) (content and effect of certificate) apply to a certificate of lawfulness issued by virtue of this section, but as if—

(a) the reference in section 159(1)(c) to the planning authority were a reference to the Welsh Ministers;

(b) references to the application for the certificate were references to the appeal against the enforcement notice.

(4) Section 163(2) to (4) (revocation of certificate) apply to a certificate of lawfulness issued by virtue of this section, but as if the reference in section 163(2) to an appeal under section 160 were a reference to an appeal under section 131.

(5) A person commits an offence if the person does any of the following for the purpose of bringing about a particular decision under this section on an appeal against an enforcement notice (whether the appeal is made by that person or by any other person)—

(a) knowingly or recklessly makes a statement that is false or misleading in a material respect,

(b) with intent to deceive, uses a document that is false or misleading in a material respect, or

(c) with intent to deceive, withholds relevant information.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction, or on conviction on indictment, to a fine.

(7) In relation to a determination under subsection (1), the decision of the Welsh Ministers is final.

Commencement Information

I23 S. 134 not in force at Royal Assent, see s. 409(2)

Compliance with enforcement notices E+W

135 Order to permit steps required by enforcement notice E+W

(1) An owner of land may apply by way of complaint to a magistrates’ court for an order requiring another person who has an interest in the land to permit the owner to take steps required by an enforcement notice.

(2) The court may make such an order if it is satisfied that the other person is preventing the owner from taking steps required by the enforcement notice.

Commencement Information

I24 S. 135 not in force at Royal Assent, see s. 409(2)

136 Power to enter land and take steps required by enforcement notice E+W

(1) If the period within which an enforcement notice requires any step to be taken has ended and the step has not been taken, the planning authority that issued the notice may at any reasonable time enter the land to which the notice relates and take the step.

(2) A person who intentionally obstructs a person exercising a power under subsection (1) commits an offence.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I25 S. 136 not in force at Royal Assent, see s. 409(2)

137 Recovery of costs of compliance with enforcement notice E+W

(1) Where a planning authority exercises the powers under section 136(1) to enter land and take a step required by an enforcement notice, the authority may recover from a person who is then an owner of the land the costs it reasonably incurs in doing so.

(2) If a planning authority seeks to recover costs under subsection (1) from an owner of land who—

(a) is entitled to receive the rack rent of the land merely as agent or trustee for another person (“the principal”), and

(b) does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,

the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day.

(3) If subsection (2) prevents a planning authority recovering the whole of its costs from an agent or trustee, it may recover them from the principal, or partly from the principal and partly from the agent or trustee.

(4) Where a copy of an enforcement notice has been served in respect of a breach of planning control—

(a) costs that an owner or occupier of the land incurs for the purpose of complying with the notice, and

(b) amounts that an owner of land pays under subsection (1) in respect of costs incurred by the planning authority in taking steps required by the notice,

are to be treated as incurred or paid for the use and at the request of the person who committed the breach of planning control.

(5) The costs recoverable by a planning authority under subsection (1) are, until recovered, a charge on the land to which the enforcement notice relates.

(6) The charge takes effect as a local land charge at the beginning of the day after the day the authority completes the steps to which the costs relate.

(7) Subsection (8) applies where—

(a) a planning authority removes materials from land in the course of taking steps required by an enforcement notice, and

(b) the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

(8) The planning authority—

(a) may sell the materials, and

(b) if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.

Commencement Information

I26 S. 137 not in force at Royal Assent, see s. 409(2)

138 Offences of failing to comply with enforcement notice E+W

(1) If, at any time after the end of the period within which an enforcement notice requires any step to be taken or any activity to be stopped, the step has not been taken or the activity is being carried out, a person who is at that time an owner of the land to which the notice relates is guilty of an offence.

(2) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person did everything the person could be expected to do to secure that the steps specified in the notice were taken or the activities specified in the notice were stopped.

(3) Subsection (4) applies to a person, other than an owner, who has—

(a) control of the land to which an enforcement notice relates, or

(b) an interest in the land.

(4) The person commits an offence if, at any time after the end of the period within which the notice requires any activity to be stopped, the person carries out the activity or causes or permits the activity to be carried out.

(5) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same enforcement notice by reference to different periods.

(6) In proceedings against a person for an offence under this section, it is a defence for the person to prove that—

(a) a copy of the enforcement notice was not served on the person,

(b) the notice was not contained in the register kept under section 154, and

(c) the person did not know of the existence of the notice.

(7) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

(8) In determining the amount of the fine, the court must in particular have regard to any financial benefit that has accrued or appears likely to accrue to the person in consequence of the offence.

Commencement Information

I27 S. 138 not in force at Royal Assent, see s. 409(2)

139 Assurance that person is not at risk of prosecution for offence under section 138 E+W

(1) This section applies where a planning authority has issued an enforcement notice.

(2) At the same time as a copy of the enforcement notice is served on a person, or at any time after a copy is served on the person, the planning authority may serve a non-prosecution notice on the person.

(3) The planning authority may also serve a non-prosecution notice on a person who was not served with a copy of the enforcement notice if—

(a) the person would be served with a copy of the enforcement notice if it were reissued, and

(b) the person requests the authority to serve a non-prosecution notice.

(4) A non-prosecution notice is a notice giving the person on whom it is served the assurance that, in the circumstances as they appear to the planning authority, the person either—

(a) is not at risk of being prosecuted for an offence under section 138 in connection with the enforcement notice, or

(b) is not at risk of being prosecuted for such an offence in connection with matters relating to the enforcement notice that are specified in the non-prosecution notice.

(5) If the non-prosecution notice gives the assurance in connection with matters specified under subsection (4)(b), it must explain the respects in which the person is at risk of being prosecuted for an offence under section 138 in connection with the enforcement notice.

(6) A non-prosecution notice must state the effect of subsections (7) and (8).

(7) At any time after a planning authority serves a non-prosecution notice on a person, it may serve a notice on the person withdrawing the assurance, either wholly or partly, from a time specified in the notice.

(8) The time specified in the notice must give the person a reasonable opportunity to take any steps necessary to avoid a risk of prosecution that will cease to be covered by the assurance.

(9) The notice does not withdraw the assurance so far as it relates to prosecution in respect of a failure to comply with the enforcement notice before the specified time.

(10) An assurance given under this section is (so far as not withdrawn) binding on any person with the power to prosecute an offence under section 138.

Commencement Information

I28 S. 139 not in force at Royal Assent, see s. 409(2)

Further provisions about effect of enforcement notices E+W

140 Grounds for appeal not to be raised in other proceedings E+W

(1) The validity of an enforcement notice may not be questioned, on any of the grounds on which an appeal may be made under section 131, in any proceedings except an appeal under that section.

(2) Subsection (1) does not apply to proceedings for an offence under section 138 against a person who—

(a) has held an interest in the land to which the enforcement notice relates since before the notice was issued,

(b) was not served with a copy of the notice, and

(c) satisfies the court—

(i) that the person did not know, and could not reasonably have been expected to know, of the existence of the notice, and

(ii) that the person’s interests have been substantially prejudiced by the failure to serve a copy of the notice.

Commencement Information

I29 S. 140 not in force at Royal Assent, see s. 409(2)

141 Effect of grant of planning permission on enforcement notice E+W

(1) If—

(a) an enforcement notice has been issued, and

(b) planning permission is granted for development that was carried out before the grant of the permission,

the notice ceases to have effect (or does not take effect) so far as it is inconsistent with the permission.

(2) The fact that an enforcement notice has wholly or partly ceased to have effect by virtue of this section does not affect the liability of any person for an offence in respect of a previous failure to comply with the notice.

Commencement Information

I30 S. 141 not in force at Royal Assent, see s. 409(2)

142 Deemed planning permission where enforcement notice is complied with E+W

(1) Subsection (2) applies where—

(a) an enforcement notice is issued in respect of a breach of planning control,

(b) the notice could require buildings or works to be removed or an activity to be stopped, but does not do so, and

(c) all the requirements of the notice are complied with.

(2) Planning permission is to be treated as having been granted by virtue of section 49 for—

(a) the erection of the buildings or the construction or carrying out of the works, so far as the notice does not require them to be removed;

(b) the carrying out of the activity, so far as the notice does not require it to be stopped.

(3) Subsection (4) applies where—

(a) an enforcement notice is issued in respect of the demolition of a building,

(b) the notice requires the erection of a replacement building, and

(c) all the requirements of the notice relating to the erection of the replacement building are complied with.

(4) Planning permission is to be treated as having been granted by virtue of section 49 for the erection of the replacement building.

Commencement Information

I31 S. 142 not in force at Royal Assent, see s. 409(2)

143 Continuing effect of enforcement notice in relation to later development E+W

(1) Compliance with the requirements of an enforcement notice does not cause the notice to cease to have effect.

(2) Accordingly, an enforcement notice that requires a use of land to be discontinued prohibits the resumption of that use, so far as it constitutes a breach of planning control, after it has been discontinued in compliance with the notice.

(3) Subsections (4) to (6) apply if—

(a) buildings or works that have been altered or removed in compliance with an enforcement notice are restored or reinstated, and

(b) the restoration or reinstatement constitutes, or forms part of, a breach of planning control.

(4) The enforcement notice applies to the buildings or works as restored or reinstated (despite any of its terms not being suitable for them) in the same way as it applied to the buildings or works before they were altered or removed.

(5) The planning authority may exercise its powers under section 136(1) as if the steps required by the enforcement notice for the alteration or removal of the buildings or works had not been taken.

(6) At least 28 days before exercising those powers, the authority must give notice of its intention to do so to every owner and occupier of the land to which the enforcement notice relates.

(7) Subsections (8) and (9) apply if—

(a) buildings or works that have been altered or removed in compliance with an enforcement notice are restored or reinstated, and

(b) the restoration or reinstatement constitutes a breach of planning control.

(8) A person who carries out the restoration or reinstatement commits an offence and is liable on summary conviction to a fine.

(9) No person is liable under section 138(1) in respect of a failure to take steps required by the enforcement notice for the alteration or removal of the buildings or works as restored or reinstated.

Commencement Information

I32 S. 143 not in force at Royal Assent, see s. 409(2)

Enforcement by the Welsh Ministers E+W

144 Power of the Welsh Ministers to issue enforcement notice E+W

(1) The Welsh Ministers may issue an enforcement notice if they consider that there has been a breach of planning control in respect of any land in Wales.

(2) In considering whether to issue an enforcement notice, the Welsh Ministers must—

(a) have regard to the development plan for the area in which the land is situated and any other relevant considerations, and

(b) make their decision in accordance with the development plan unless other relevant considerations indicate otherwise.

(3) Before issuing the notice, the Welsh Ministers must consult the planning authority in whose area the land is situated.

(4) An enforcement notice issued by the Welsh Ministers has the same effect as one issued by the planning authority.

(5) Sections 128(3) to 143 apply in relation to an enforcement notice issued by the Welsh Ministers as if—

(a) except in sections 134(3)(a) and 139(2) to (7), references to the planning authority were references to the Welsh Ministers;

(b) in section 139(2) to (7), references to the planning authority were references to the Counsel General.

Commencement Information

I33 S. 144 not in force at Royal Assent, see s. 409(2)

Stop notices E+W

145 Power of planning authority to issue stop notice E+W

(1) A planning authority may issue a stop notice if the authority—

(a) issues an enforcement notice requiring an activity to be stopped within a period specified in the notice, and

(b) considers that a relevant activity ought to be stopped before the end of that period.

(2) “Relevant activity” means—

(a) an activity the enforcement notice requires to be stopped;

(b) any activity carried out as part of that activity or associated with it.

(3) A stop notice must—

(a) refer to the enforcement notice,

(b) prohibit the carrying out of the relevant activity on the land to which the enforcement notice relates (or on any part of that land specified in the stop notice), and

(c) specify the date on which it is to take effect.

Commencement Information

I34 S. 145 not in force at Royal Assent, see s. 409(2)

146 Restrictions on power to issue stop notice E+W

(1) A planning authority may not issue a stop notice after the enforcement notice to which it relates has taken effect.

(2) A stop notice may not prohibit the use of a building as a dwelling.

(3) A stop notice may not prohibit the carrying out of an activity that has been carried out (whether or not continuously) for at least 4 years before the day a copy of the notice is first served under section 147.

(4) For the purposes of subsection (3) any period during which the activity was authorised by planning permission must be ignored.

(5) Subsection (3) does not prevent a stop notice prohibiting—

(a) the carrying out of operations on land or of any activity incidental to them, or

(b) the depositing of waste on land.

Commencement Information

I35 S. 146 not in force at Royal Assent, see s. 409(2)

147 Service and display of stop notice E+W

(1) Where a planning authority issues a stop notice, it must serve a copy of the notice on any person mentioned in subsection (2) that it considers appropriate.

(2) The persons are any person the authority considers—

(a) to have an interest in the land to which the stop notice relates, or

(b) to be carrying out any activity prohibited by the notice.

(3) The authority may serve a copy of the stop notice at the same time as it serves a copy of the enforcement notice to which it relates or after doing so.

(4) A copy of the enforcement notice must be included with each copy of the stop notice that is served.

(5) Each copy of the stop notice must be served—

(a) no more than 28 days before the date specified in the stop notice as the date on which it is to take effect;

(b) at least 3 days before that date, unless the planning authority—

(i) considers that there are special reasons why the copy of the notice should be served later, and

(ii) serves a statement of those reasons with the copy.

(6) Where a planning authority issues a stop notice, it may display a site notice on the land to which the stop notice relates.

(7) If it is not reasonably practicable to display a site notice on the land, the authority may instead display a site notice in a prominent place as near to the land as is reasonably practicable.

(8) A site notice must—

(a) state that a stop notice has been issued,

(b) specify the date on which the stop notice takes effect,

(c) indicate the requirements of the stop notice, and

(d) state the effect of section 151 (offence of breaching stop notice).

Commencement Information

I36 S. 147 not in force at Royal Assent, see s. 409(2)

148 Withdrawal of stop notice E+W

(1) Where a planning authority has issued a stop notice, it may at any time withdraw the notice.

(2) Immediately after an authority withdraws a stop notice—

(a) it must serve notice of the withdrawal on every person who has been served with a copy of the stop notice, and

(b) if it has displayed a site notice in respect of the stop notice under section 147(6) or (7), it must display a notice of the withdrawal in place of the site notice.

(3) The withdrawal of a stop notice does not prevent the planning authority issuing another stop notice.

Commencement Information

I37 S. 148 not in force at Royal Assent, see s. 409(2)

149 Duration and effect of stop notice E+W

(1) A stop notice takes effect at the beginning of the day specified in the notice under section 145(3)(c).

(2) A stop notice has effect until the end of the period within which the enforcement notice to which it relates requires an activity to be stopped.

(3) But the stop notice ceases to have effect before the end of that period if—

(a) the enforcement notice is withdrawn or quashed, or

(b) the stop notice is withdrawn.

(4) If the enforcement notice is varied so that an activity ceases to be a relevant activity (within the meaning given by section 145(2)), the stop notice ceases to have effect so far as it prohibits that activity.

(5) A stop notice is not invalid because a copy of the enforcement notice to which it relates was not served on a person as required by section 129, if it is shown that the planning authority did everything that was reasonably practicable to serve the enforcement notice as required by that section.

Commencement Information

I38 S. 149 not in force at Royal Assent, see s. 409(2)

150 Power of the Welsh Ministers to issue stop notice E+W

(1) The Welsh Ministers may issue a stop notice if—

(a) an enforcement notice is issued (whether by the Welsh Ministers or a planning authority) requiring an activity to be stopped within a period specified in the notice, and

(b) they consider that a relevant activity (within the meaning given by section 145(2)) ought to be stopped before the end of that period.

(2) Before issuing the stop notice, the Welsh Ministers must consult the planning authority in whose area the land to which it relates is situated.

(3) A stop notice issued by the Welsh Ministers has the same effect as one issued by the planning authority.

(4) Sections 145(2) to 149 apply in relation to a stop notice issued by the Welsh Ministers as if references to the planning authority were references to the Welsh Ministers.

Commencement Information

I39 S. 150 not in force at Royal Assent, see s. 409(2)

151 Offence of breaching stop notice E+W

(1) A person commits an offence if—

(a) at any time when a stop notice has effect, the person carries out a relevant activity (within the meaning given by section 145(2)) that is prohibited by the notice or causes or permits such an activity to be carried out, and

(b) a planning authority or the Welsh Ministers have—

(i) served a copy of the stop notice on the person, or

(ii) displayed a site notice in respect of the stop notice under section 147(6) or (7).

(2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same stop notice by reference to different periods.

(3) In a case falling within subsection (1)(b)(ii), it is a defence for a person charged with an offence under this section to prove that—

(a) a copy of the stop notice was not served on the person, and

(b) the person did not know, and could not reasonably have been expected to know, of the existence of the notice.

(4) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

(5) In determining the amount of the fine, the court must in particular have regard to any financial benefit that has accrued or appears likely to accrue to the person in consequence of the offence.

Commencement Information

I40 S. 151 not in force at Royal Assent, see s. 409(2)

152 Compensation for loss or damage caused by stop notice E+W

(1) This section applies where, after a copy of a stop notice has been served—

(a) the enforcement notice to which the stop notice relates is quashed,

(b) the enforcement notice is varied so that an activity prohibited by the stop notice ceases to be a relevant activity (within the meaning given by section 145(2)),

(c) the enforcement notice is withdrawn, or

(d) the stop notice is withdrawn.

(2) In subsection (1)—

(a) paragraphs (a) and (b) do not apply if the enforcement notice is quashed or varied on a ground mentioned in section 131(2)(a) (appeal on ground that planning permission ought to be granted or a condition of planning permission ought to be removed);

(b) paragraph (c) does not apply if—

(i) development to which the enforcement notice relates is authorised by planning permission granted on or after the day the enforcement notice is served, and

(ii) the enforcement notice is withdrawn in consequence of the grant of that permission.

(3) Any person who has an interest in or occupies the land to which the stop notice relates at the time a copy of the notice is first served is entitled to be paid compensation for any loss or damage suffered by the person that is directly attributable to—

(a) the prohibition contained in the notice, or

(b) in a case falling within subsection (1)(b), the prohibition by the notice of the activities that cease to be relevant activities.

(4) The loss or damage for which compensation is payable includes any amount payable in respect of a breach of contract caused by taking action necessary to comply with the prohibition.

(5) Compensation under this section is payable—

(a) in a case where a planning authority issued the enforcement notice to which the stop notice relates, by the planning authority;

(b) in a case where the Welsh Ministers issued the enforcement notice, by the Welsh Ministers.

(6) No compensation is payable under this section in respect of the prohibition of an activity which, at any time when the stop notice has effect, constitutes or contributes to a breach of planning control.

(7) No compensation is payable under this section for loss or damage that the claimant could have avoided by—

(a) providing information that the claimant was required to provide by—

(i) an enforcement investigation notice,

(ii) an information notice (see section 383), or

(iii) a notice under section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), or

(b) co-operating with the planning authority or the Welsh Ministers in any other way when responding to such a notice.

(8) A claim for compensation under this section must be made in writing to the planning authority or the Welsh Ministers (as the case may be) within 12 months beginning—

(a) in a case falling within subsection (1)(a), (b) or (c), with the day the enforcement notice is quashed, varied or withdrawn;

(b) in a case falling within subsection (1)(d), with the day the stop notice is withdrawn.

Commencement Information

I41 S. 152 not in force at Royal Assent, see s. 409(2)

Injunctions E+W

153 Injunctions restraining breaches of planning control E+W

(1) A planning authority may apply to the High Court or the county court for an injunction restraining an actual or expected breach of planning control in respect of land in the authority’s area.

(2) An authority may make an application whether or not it has exercised or is proposing to exercise any of its other powers under this Part.

(3) The court may grant an injunction on any terms it considers appropriate for the purpose of restraining the breach.

(4) Rules of court may provide for an injunction to be issued against a person whose identity is unknown.

Commencement Information

I42 S. 153 not in force at Royal Assent, see s. 409(2)

Register E+W

154 Register of enforcement notices, other enforcement action and stop notices E+W

(1) A planning authority must keep a register containing information specified in regulations relating to—

(a) enforcement warning notices issued by the authority,

(b) breach of condition notices served by the authority,

(c) enforcement notices issued by the authority or the Welsh Ministers in relation to land in the authority’s area, and

(d) stop notices issued by the authority or the Welsh Ministers in relation to land in the authority’s area.

(2) The regulations may provide for the entry relating to a notice (and everything else relating to the notice) to be removed from the register in circumstances specified in the regulations.

(3) The register must be kept in the way specified in the regulations.

(4) The register must be available for public inspection at all reasonable times.

Commencement Information

I43 S. 154 not in force at Royal Assent, see s. 409(2)