The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

Appeals to the Secretary of State S

25.—(1) Any person on whom an enforcement notice is served may, at any time before the date specified in the notice as the date on which the notice will take effect, appeal against the notice to the Secretary of State on the following grounds:—

(a) that the matters alleged in the notice do not constitute a display of an advertisement without a consent required by these regulations or a failure to comply with any condition or limitation subject to which any such consent was granted or deemed to be granted;

(b) that the enforcement notice was not served as required by regulation 24;

(c) that the specified period for compliance with the notice falls short of what should reasonably be allowed;

(d) that the steps required by the notice to be taken exceed what is necessary for the purpose identified under regulation 24(3).

(2) An appeal under this regulation shall be made by notice in writing to the Secretary of State which shall indicate the grounds of the appeal and state the facts on which it is based.

(3) Where an appeal is brought under this regulation an enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.

(4) On an appeal under this regulation the Secretary of State may—

(a) correct any informality, defect or error in the enforcement notice if he is satisfied that the informality, defect or error is not material;

(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by regulation 24 to be served with the notice was not served, disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure so to serve him.

(5) The Secretary of State shall, if either the planning authority or the appellant so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(6) On the determination of an appeal under this regulation the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the enforcement notice or for varying the terms of the notice in favour of the appellant.

(7) Schedule 7 to the Act(1) (determination of appeals by appointed person) shall apply to appeals under this regulation as it applies to appeals under section 33 of the Act.

Commencement Information

I1 Reg. 25 in force at 2.5.1984, see reg. 1

(1)

1972 c. 52.