Town and Country Planning Act · s 37

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37.
Appeal to Minister against enforcement notice
(1) Any person aggrieved by any requirement of an enforcement notice may, at any time before the notice takes effect, appeal to the Minister in such form and manner as the Planning Authority may determine.
(2) Where an appeal is made under this section, the Minister may —
(a) correct any defect, error or misdescription in the enforcement notice or vary its requirements;
(b) extend, subject to such conditions as he thinks fit, the period specified in the enforcement notice within which any requirement therein is to be complied;
(c) dismiss the appeal;

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(d) allow the appeal unconditionally; or
(e) allow the appeal in whole or in part, and subject to such conditions as he thinks fit, and the Minister may give such directions as he thinks fit to give effect to his decision on the appeal.
(3) Without prejudice to the general power of the Minister to impose conditions or give directions under subsection (2), the Minister may require that such security as he may think necessary be furnished to the Planning
Authority and specify the circumstances in which the security may be forfeited by the Planning Authority.
(4) The decision of the Minister under subsections (2) and (3) shall be final.
(5) When an appeal is made to the Minister under this section, the enforcement notice shall, unless the Minister at any time otherwise directs, be of no effect pending the determination or withdrawal of the appeal.
(6) Except where the Minister decides to allow an appeal unconditionally, the enforcement notice shall take effect from the date the appellant is given notice of the decision of the Minister.
(7) Any forfeiture by the Planning Authority of any security furnished under this section shall not prejudice the institution of proceedings against any person for any offence under this Act.

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s 37Appeal to Minister against enforcement notice

(1)

Any person aggrieved by any requirement of an enforcement notice may, at any time before the notice takes effect, appeal to the Minister in such form and manner as the Planning Authority may determine.

(2)

Where an appeal is made under this section, the Minister may —

(a)

correct any defect, error or misdescription in the enforcement notice or vary its requirements;

(b)

extend, subject to such conditions as he thinks fit, the period specified in the enforcement notice within which any requirement therein is to be complied;

(c)

dismiss the appeal;

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(d)

allow the appeal unconditionally; or

(e)

allow the appeal in whole or in part, and subject to such conditions as he thinks fit, and the Minister may give such directions as he thinks fit to give effect to his decision on the appeal.

(3)

Without prejudice to the general power of the Minister to impose conditions or give directions under subsection (2), the Minister may require that such security as he may think necessary be furnished to the Planning

Authority and specify the circumstances in which the security may be forfeited by the Planning Authority.

(4)

The decision of the Minister under subsections (2) and (3) shall be final.

(5)

When an appeal is made to the Minister under this section, the enforcement notice shall, unless the Minister at any time otherwise directs, be of no effect pending the determination or withdrawal of the appeal.

(6)

Except where the Minister decides to allow an appeal unconditionally, the enforcement notice shall take effect from the date the appellant is given notice of the decision of the Minister.

(7)

Any forfeiture by the Planning Authority of any security furnished under this section shall not prejudice the institution of proceedings against any person for any offence under this Act.