http://www.legislation.gov.uk/asc/2026/6/section/133Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28
Planning (Wales) Act 2026Deddf Cynllunio (Cymru) 2026s. 346(3)(c)(ii)Planning (Consequential Provisions) (Wales) Act 2026Deddf Cynllunio (Darpariaethau Canlyniadol) (Cymru) 2026Sch. 5 para. 23Sch. 5 Pt. 1s. 5(2)
PART 4ENFORCEMENTAppeals against enforcement noticesGrant of planning permission etc. on determination of appeal
133
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.
S. 133 not in force at Royal Assent, see s. 409(2)