The Sustainable Drainage (Enforcement) (Wales) Order 2018

Procedure for appeals E+W

17.—(1) Paragraphs (2) to (4) of this article apply where the Welsh Ministers are in receipt of a valid notice of appeal.

(2) Section 319B (determination of procedure for certain proceedings: Wales) of the 1990 Act and the Town and Country Planning (Referred Applications and Appeals Procedure) (Wales) Regulations 2017 M1 (“the 2017 Regulations”) apply to an appeal under this Order with the modifications described in paragraph (3), as if it was an appeal brought under section 174 (appeal against enforcement notice) of the 1990 Act.

(3) The modifications are—

(a) any reference to an “appellant” has the meaning given in article 2;

(b) any reference to an “appeal” under section 174 of the 1990 Act is to be read as a reference to an appeal under this Order;

(c) any reference to an “appointed person” is a reference to a person appointed by the Welsh Ministers under this Order to report to the Welsh Ministers;

(d) any reference to an “enforcement appeal” is to be read as a reference to an appeal against an enforcement notice under this Order;

(e) any reference to an “enforcement notice” under section 172(1) of the 1990 Act is to be read as a reference to an enforcement notice under this Order;

(f) a reference to “full statement of case” is to be read as a reference to the statement in article 14(1)(c);

(g) any reference to “interested persons” is to be read as a reference to the statutory consultees specified in paragraph 11(3) of Schedule 3;

(h) any reference to a “local planning authority” is to be read as a reference to the approving body which gave an enforcement notice under this Order.

(4) In this article “valid notice of appeal” means a notice of appeal—

(a) which complies with the requirements of article 14(1),

(b) is sent to the Welsh Ministers—

(i) in accordance with article 14(2),

(ii) within the period specified in article 13, and

(c) in relation to which the appellant certifies that a copy has been sent to the approving body in accordance with article 14(3).

Marginal Citations

M1 S.I. 2017/544 (W. 121).