174 Appeal against enforcement notice

174  Appeal against enforcement notice

(1)     A person having an interest in the land to which an enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice, whether or not a copy of it has been served on him.

[(2)     An appeal may be brought on any of the following grounds—

(a)     that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;

(b)     that those matters have not occurred;

(c)     that those matters (if they occurred) do not constitute a breach of planning control;

(d)     that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;

(e)     that copies of the enforcement notice were not served as required by section 172;

(f)     that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which

Powered by Lexis+®

Popular documents