C1Part VII Special Controls
Chapter II Land Adversely Affecting Amenity of Neighbourhood
Land adversely affecting other land
180 Appeal against notice under section 179.
1
A person on whom a notice under section 179 is served, or any other person having an interest in the land to which the notice relates, may at any time before the date specified in the notice as the date on which it is to take effect appeal to the Secretary of State against the notice, on any of the following grounds—
a
that neither the amenity of any part of the planning authority’s district nor that of any adjoining district has been adversely affected;
b
that the steps required by the notice to be taken exceed what is necessary to remedy any such adverse effect;
c
that the specified period for compliance with the notice falls short of what should reasonably be allowed;
d
that the condition of the land is attributable to, and such as results in the ordinary course of events from, a continuing lawful use of the land or from continuing lawful operations carried out thereon; or
e
that the notice was served other than in accordance with section 179.
2
An appeal under this section shall be made by notice in writing to the Secretary of State.
3
The provisions of sections 130(3), 131(1) and (2) and 132(3) shall apply to appeals under this section as they apply to appeals under those sections.
4
On an appeal under this section the Secretary of State—
a
may correct any informality, defect or technical error in the notice if he is satisfied that it is not material, and
b
may disregard the failure of the planning authority to serve the notice upon a person upon whom it should have been served, if it appears to him that neither that person nor the appellant has been substantially prejudiced by that failure.
5
Where an appeal is brought under this section, the notice under section 179 shall be of no effect pending the final determination, or the withdrawal, of the appeal.
6
In determining an appeal under this section the Secretary of State shall give such directions as seem to him appropriate; and these may include directions for quashing the notice or for varying its terms in favour of the appellant.
7
Schedule 4 applies to appeals under this section.
Pt. VII functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)