PART 4ENFORCEMENT
Appeals against enforcement notices
134Issue of certificate of lawfulness on determination of appeal
(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.