Prospective

PART 7 E+W OTHER POWERS RELATING TO USE OR CONDITION OF LAND

CHAPTER 2 E+W LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD

Appeals against maintenance of land notices E+W

215 Right to appeal against maintenance of land notice E+W

(1) A person on whom a copy of a maintenance of land notice is served, or any other person who has an interest in the land to which the notice relates, may appeal to the Welsh Ministers against the notice.

(2) An appeal may be made on one or more of the following grounds—

(a) that the condition of the land does not adversely affect the amenity of any part of the area of the planning authority that issued the notice, or of any adjoining area;

(b) that the condition of the land results in the ordinary course of events from operations or use that do not constitute a breach of planning control or a failure to comply with a planning obligation, discontinuance order, prohibition order or protection order;

(c) that the steps required by the notice exceed what is necessary for preventing the condition of the land from adversely affecting the amenity of any part of the planning authority’s area, or of any adjoining area;

(d) that the period within which the notice requires any step to be taken is unreasonably short.

(3) An appeal under this section must be made by serving a notice of appeal on the Welsh Ministers before the date specified in the maintenance of land notice as the date on which it is to take effect.

(4) Where an appeal is made—

(a) the maintenance of land notice has no effect until the appeal is finally determined or withdrawn (see also section 379(4) where proceedings are brought under that section in relation to the notice);

(b) neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that a copy of the notice was not served on the appellant in accordance with section 214.

(5) Regulations may make provision about—

(a) steps to be taken in connection with making an appeal (including the form and content of a notice of appeal and persons to whom copies of the notice are to be provided);

(b) further information that is to be provided to the Welsh Ministers in connection with an appeal.

Commencement Information

I1 S. 215 not in force at Royal Assent, see s. 409(2)