Part VII E+W Enforcement

Modifications etc. (not altering text)

C1 Pt. VII (ss. 172-196C) applied (with modifications) (17.7.1992) by S.I. 1992/1492, regs. 2(1)(b), 3-11

Pt. VII (ss. 172-196C) applied (with modifications) (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

C2 Pt. 7 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)

[F1 Certificate of lawful use or development] E+W

Textual Amendments

F1 Ss. 191 - 194 substituted (25.11.1991 for certain purposes and otherwise 27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 10(1) (with s. 84(5)); S.I. 1991/2728, art.2; S.I. 1992/1630, art. 2 (with art. 3(1)(2))

195 Appeals against refusal or failure to give decision on application. E+W

(1) Where an application is made to a local planning authority for [F2 a certificate under section 191 or 192] and—

(a) the application is refused or is refused in part, or

(b) the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed by a development order or within such extended period as may at any time be agreed upon in writing between the applicant and the authority,

the applicant may by notice appeal to the Secretary of State.

[F3 (1B) A notice of appeal under this section must be—

(a) served within such time and in such manner as may be prescribed by a development order;

(b) accompanied by such information as may be prescribed by such an order.

(1C) The time prescribed for the service of a notice of appeal under this section must not be less than—

(a) 28 days from the date of notification of the decision on the application; or

(b) in the case of an appeal under subsection (1)(b), 28 days from—

(i) the end of the period prescribed as mentioned in subsection (1)(b), or

(ii) as the case may be, the extended period mentioned in subsection (1)(b).

F4 (1D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (1DA) Once notice of an appeal under this section to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed by a development order.

(1DB) A development order which makes provision under subsection (1DA) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.]

F4 (1E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (1F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2) On any such appeal, if and so far as the Secretary of State is satisfied—

(a) in the case of an appeal under subsection (1)(a), that the authority’s refusal is not well-founded, or

(b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded,

he shall grant the appellant [F6 a certificate under section 191 or, as the case may be, 192] accordingly or, in the case of a refusal in part, modify the certificate granted by the authority on the application.

(3) If and so far as the Secretary of State is satisfied that the authority’s refusal is or, as the case may be, would have been well-founded, he shall dismiss the appeal.

F7 [(4) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the use, operations or other matter in question.]

(5) For the purposes of the application [F8 in relation to England] of section 288(10)(b) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.

[F9 (5A) For the purposes of the application in relation to Wales of sections 288(10)(b) and 319B(7)(d) in relation to an appeal in a case within subsection (1)(b) it shall be assumed that the authority decided to refuse the application in question.]

(6) Schedule 6 applies to appeals under this section.

Textual Amendments

F2 Words in s. 195(1) substituted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 32(a) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F3 S. 195(1B)-(1F) inserted (6.4.2009 for E., 30.4.2012 for W.) by Planning Act 2008 (c. 29), s. 241(3)(4), Sch. 11 para. 3 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

F4 S. 195(1D)-(1F) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 7(3)

F5 S. 195(1DA)(1DB) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(2), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(b) (with art. 4)

F6 Words in s. 195(2) substituted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch.7 para. 32(b) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F7 S. 195(4) substituted (27.7.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para. 32(c) (with s. 84(5)); S.I. 1992/1630, art. 2, Sch. 1 (with art. 3(1))

F8 Words in s. 195(5) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 6

F9 S. 195(5A) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 6

Modifications etc. (not altering text)

C3 S. 195: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3