The Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2017

Explanatory note to accompany copy of enforcement notice

7.  Every copy of an enforcement notice served by a local planning authority under section 172(2) of the Planning Act must be accompanied by an explanatory note which must include the following—

(a) a copy of sections 171A, 171B and 172 to 177 of the Planning Act, or a summary of those sections including the following information—

(i) that there is a right of appeal to the Welsh Ministers against that enforcement notice;

(ii) that an appeal can only be made by giving written notice of the appeal to the Welsh Ministers before the date specified in the enforcement notice as the date on which it is to take effect or by sending such notice to the Welsh Ministers in a properly addressed, pre-paid letter posted to them at such time that, in the ordinary course of post, it would be delivered to them before that date; or, where electronic communications are used to send such notice to the Welsh Ministers, by sending the notice to them at such time that, in the ordinary course of transmission, it would be delivered to the Welsh Ministers before that date;

(iii) the grounds on which an appeal may be brought under section 174 of the Planning Act;

(iv) the fee payable under regulation 10 of the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015(1) for the deemed application for planning permission for the development alleged to be in breach of planning control in the enforcement notice;

(b) notification that an appellant must send to the Welsh Ministers, either when giving notice of appeal or before the end of the period specified in regulation 8(3), a full statement of case comprised of—

(i) a statement in writing specifying the grounds of the appeal, stating the facts on which the appeal is based and containing full particulars of the case the appellant proposes to put forward in relation to the appeal; and

(ii) copies of any supporting documents the appellant proposes to refer to or put forward in evidence; and

(c) a list of the names and addresses of the persons on whom a copy of the enforcement notice has been served.

(1)

S.I. 2015/1522 (W. 179), amended by the Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) (Amendment) Regulations 2017 (S.I. 2017/528 (W. 111 ). There are other amending instruments but none are relevant.