PART 4ENFORCEMENT
Appeals against enforcement notices
133Grant of planning permission etc. on determination of appeal
(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.