The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003

Application of these Rules

3.—(1) These Rules apply in relation to any hearing held in Wales for the purposes of a non-transferred or a transferred appeal made on or after 1st June 2003 under—

(a) section 174(1) of the Planning Act (appeal against enforcement notice);

(b) section 195(2) of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);

(c) section 39(3) of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice),

but do not apply to any hearing by reason of the application of any provision mentioned in this paragraph by or under any other enactment.

(2) Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 or the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003, any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules has effect as if it had been taken or done under that corresponding provision.

(1)

section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

(2)

section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

(3)

section 39 was amended by paragraph 3 of Schedule 3 to that Act.