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

http://www.legislation.gov.uk/asc/2026/6/section/139Planning (Wales) Act 2026enStatute Law Database2026-06-16Expert Participation2026-04-28Planning (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 4ENFORCEMENTCompliance with enforcement notices
139Assurance that person is not at risk of prosecution for offence under section 138(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.