Town & Country
Development Planning Office
Jan 22, 2022

Prior to the expiration of the twenty-eight day period within which the Enforcement Notice takes effect, any person having an interest in the land may appeal  to a Judge in Chambers against the notice on any of the following grounds under Section (35)  (1) of the Act,.

(a) that planning permission has been granted for the development to which the enforcement notice relates;

(b) that no planning permission was required in respect of the development or, as the case may be, that the conditions or limitations subject to which planning permission for the development was granted have been complied with;

(c) that what is assumed in the enforcement notice to be development did not constitute or involve development;

(d) that the enforcement notice was not served on the owner or occupier of the land within the relevant period of 4 years specified in subsection (2) section 33;

(e) that the requirements of the enforcement notice exceed what is necessary for restoring the land to its condition before the development in question took place or, as the case may be, for securing compliance with the conditions or limitations to which the enforcement notice relates;

(f) that the period specified in the enforcement notice as the period within which any steps required by that notice are to be taken falls short of what should reasonably be allowed.

Where such an appeal is brought, the Enforcement Notice is held in abeyance pending the final determination (s. 35 (2)). In the meantime, the stop notice procedures under Section 40B remain available.

On an appeal under Section 35 the Judge may correct any defect, error or informality in the Enforcement Notice or vary the terms of the Enforcement Notice if he is satisfied that the correction or variation will not cause injustice to the appellant or the Chief Town Planner.

Where an Enforcement Notice is varied or the appeal is dismissed the judge may specify a date (not later than 28 days from the determination of the appeal) that the Enforcement Notice will come into force. If the determination is not to the satisfaction of Chief Town Planner or the appellant they can appeal to the Court of Appeal against the decision of the Judge.

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