Making Your Enforcement Appeal (Guide)

Appendix 5 - Some relevant publications

You can buy copies of all these documents from any Stationary Office or major bookshop, or you may be able to see them at the LPA offices or your local library. Many of them can also be seen on the HMSO website at www.hmso.gov.uk

Statutory provisions

The Town and Country Planning Act 1990

This contains the main rules that govern the planning control system. Part VII – ‘Enforcement’ – is about the power to issue an enforcement notice, your rights of appeal and the Assembly’s powers. Relevant extracts from Part VII are set out in Appendix 6 of this booklet. Schedule 6 concerns the appeal decision process where your appeal is decided by an Inspector rather than by the Assembly.

The Planning and Compensation Act 1991

Sections 1 – 11 of this Act changed the enforcement provisions in the 1990 Act.

The Planning (Listed Buildings and Conservation Areas) Act 1990

This contains the main rules about enforcement notices on listed buildings and in conservation areas. These were also amended by the Planning and Compensation Act 1991.

The Town and Country Planning (General Permitted Development) Order 1995 (SI 1995 No 418

This tells you the types of development for which you do not need to apply for planning permission.

The Town and Country Planning (General Development Procedure) Order 1995 (SI 1995 No 419)

This explains in detail the procedures the LPA will follow when they consider your planning application.

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 (SI 1997 No 420)

These give Inspectors the power to decide most appeals under the 1990 Act and most appeals relating to listed building consent (LBC) and conservation area consent (CAC). But the Assembly still has the power to decide any appeal.

The Town and Country Planning (Enforcement Notices and Appeals)(Wales) Regulations 2003 (SI No 2003/394) (W.53)

These contain additional requirements about the content of enforcement notices and what the parties must do if there is an appeal against the notice.

The Town and Country Planning (Enforcement)(Written Representations Procedure)(Wales) Regulations 2003 (SI No 2003/395) (W.54)

These explain the procedures and time limits for the various stages of the written appeals procedure.

The Town and Country Planning (Enforcement) (Hearings Procedure)(Wales) Rules 2003 (SI No 2003/1268)

These explain the procedures and time limits for the various stages of enforcement appeals decided by hearings. They explain the rights and responsibilities of everyone involved in an appeal that is dealt with by a hearing.

The Town and Country Planning (Enforcement)(Inquiries Procedure)(Wales) Rules 2003 (SI No 2003/1269)

The Town and Country Planning Appeals (Determination by Inspectors)(Enforcement) (Inquiries Procedure)(Wales) Rules 2003 (SI No 2003/1270)

These explain the procedures and time limits for the various stages of enforcement appeals decided by an inquiry. They explain the rights and responsibilities of everyone involved in an appeal that is dealt with by an inquiry.

The Planning (Listed Buildings and Conservation Areas) Regulations 1990 (SI No 1519)

These set out special rules for applications and appeals about consent for listed buildings and conservation areas.

Circulars

Here is a brief list of some relevant Circulars. You might be able to get copies from your local library or you can look at them in council offices.

08/2003 Enforcement Appeal Procedure

This sets out best practice in the operation of procedures for deciding enforcement appeals.

07/2003 Planning Appeals Procedures

This sets out best practice in the operation of procedures for deciding planning appeals.

11/99 Environmental Impact Assessment

This gives advice about the circumstances in which we will need to assess the environmental effects of a proposal. It also describes how we will carry out this assessment.

29/95 General Development Order Consolidation 1995

This sets out the procedure for making planning applications and appeals, planning registers and related matters.

24/97 Enforcing Planning Control: Legislative Provisions and Procedural Requirements

This brings together and updates the earlier guidance, in former Welsh Office (WO) Circulars 76/91 and 8/92, on how to use the amended planning enforcement provisions in Part VII of the Town and Country Planning Act 1990.

60/96 Planning and the Historic Environment: Archaeology

1/98 Planning and the Historic Environment; Directions by the Secretary of State for Wales.

This sets out Directions by the Assembly.

Planning policy guidance

In Wales, policy guidance is contained in Planning Policy Wales (PPW) and Technical Advice Notes (TANs).

These are also available on the National Assembly website (www.wales.gov.uk)

TAN(W) 1 Joint Housing Land Availability
TAN(W) 2 Planning and Affordable Housing
TAN(W) 3 Simplified Planning Zone
TAN(W) 4 Retailing and Town Centres
TAN(W) 5 Nature Conservation and Planning
TAN(W) 6 Development involving Agricultural Land
TAN(W) 7 Outdoor Advertisement Control
TAN(W) 8 Renewable Energy
TAN(W) 9 Enforcement of Planning Control
TAN(W) 10 Tree Preservation Orders
TAN(W) 11 Noise
TAN(W) 12 Design
TAN(W) 13 Tourism
TAN(W) 14 Coastal Planning
TAN(W) 15 Development and Flood Risk
TAN(W) 16 Sport and Recreation
TAN(W) 17 Environmental Assessment
TAN(W) 18 Transport
TAN(W) 19 Telecommunications

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