Explanatory Notes

Planning (Wales) Act 2015

4

6 July 2015

Commentary on Sections

Part 7 Enforcement Appeals etc

Section 48 – Appeal against notice in respect of land adversely affecting amenity

176.This section amends section 217 of the TCPA 1990.

177.The effect of the amendment is to transfer responsibility for determining appeals against notices served under section 215 (land adversely affecting amenity) from the Magistrates’ Courts to the Welsh Ministers. The Welsh Ministers may make provision for the procedures to make such an appeal and the information to be provided. (Non-compliance with a section 215 notice and other offences under section 216 continue to be dealt with by Magistrates.) Appeals against decisions made by the Welsh Ministers will be made to the High Court.