PART 10 E+W Unauthorised Development

Interpretation of this Part E+W

42.  In this Part—

• “enforcement functions” (“swyddogaethau gorfodi”) means—

  (a)

  the issue of an enforcement notice under section 172 of the 1990 Act (issue of enforcement notice) M1 ;

  (b)

  the issue of a planning contravention notice under section 171C of the 1990 Act (power to require information about activities on land) M2 ;

  (c)

  the issue of a temporary stop notice under section 171E of the 1990 Act (temporary stop notice) M3 ;

  (d)

  the issue of a stop notice under section 183 of the 1990 Act (stop notices) M4 ;

  (e)

  the service of a breach of condition notice under section 187A of the 1990 Act (enforcement of conditions) M5 ; and

  (f)

  an application to the court for an injunction under section 187B of the 1990 Act (injunctions restraining breaches of planning control) M6 ;

• “ground (a) appeal” (“apêl sail (a)”) means an appeal brought under section 174(2)(a) of the 1990 Act (appeal against enforcement notice) M7 ; and

• “unauthorised EIA development” (“datblygiad AEA anawdurdodedig”) means EIA development which is the subject of an enforcement notice under section 172 of the 1990 Act (issue of enforcement notice).

Marginal Citations

M1 Section 172 was substituted by section 5 of the 1991 Act.

M2 Section 171C was inserted by section 1 of the 1991 Act and amended by article 5(a) of S.I. 2004/3156 (W. 273).

M3 Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c. 5).

M4 Section 183 was substituted by section 9 of the 1991 Act.

M5 Section 187A was inserted by section 2 of the 1991 Act. There is a further amendment which is not relevant to Wales.

M6 Section 187B was inserted by section 3 of the 1991 Act.

M7 Section 174 was amended by sections 6, 32 and 84 of, and paragraph 22 of Part 1 to Schedule 19 to the 1991 Act, S.I. 2004/3156 (W. 273), section 63 of, and paragraphs 2 and 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and by section 46 of the Planning (Wales) Act 2015 (anaw 4). There are other amendments which are not relevant to Wales. See also section 177(5) which was amended by paragraph 24 of Schedule 7 to the 1991 Act.