Prospective
(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
I1S. 132 not in force at Royal Assent, see s. 409(2)