PART 2Monitoring and enforcement

Appeals12

1

An operator may appeal to the Planning Appeals Commission (“the appeals commission”) against—

a

an enforcement notice;

b

a civil penalty notice.

2

The grounds on which an enforcement or civil penalty notice may be appealed are that it was—

a

based on an error of fact;

b

wrong in law;

c

unreasonable.

3

Where an operator appeals, any enforcement notice or civil penalty notice subject to that appeal is suspended until the appeal is determined by the appeals commission.

4

The appeals commission may affirm, quash or vary the terms of the enforcement notice or civil penalty notice.

5

The Schedule has effect in relation to the making and determination of an appeal to the appeals commission.