Cap. 551 Art. 36Appeals from enforcement notices. Cap. 552. Cap. 552. Cap. 552.

(1) On any appeal by any person who feels aggrieved by any stop or enforcement notice served on him in terms of articles

97, 98 and 99 of the Development Planning Act, the Tribunal:

(a) if satisfied that a permission was granted under the Development Planning Act, or under any other law which preceded the Development Planning Act, regulating the activity in question or building permits, for the activity or the development to which the notice relates, or that no such permission was required in respect thereof, as the case may be, and that the conditions subject to which such permission was granted have been complied with, shall quash the notice to which the appeal relates or such part thereof in respect of which the Tribunal is satisfied as aforesaid;

(b) in any other case, shall dismiss the appeal: Provided that the Tribunal shall order the Planning Authority to modify the notice accordingly if it considers that not all the listed illegalities in the detailed description contained in the notice are illegal or that some illegalities have been removed.

(2) If before an appeal is lodged or during the pendency of an appeal, the appellant or any other person submits to the Planning Authority an application for a development permission regarding the activity and, or development mentioned in the notice, the Tribunal shall dismiss the appeal if it is satisfied that the said application is intended to regularise the activity and, or development mentioned in the notice.

(3) Where an appeal is dismissed as provided in sub-article (2), the provisions of article 97(8) of the Development Planning Act shall apply.

(4) The Tribunal may correct any defect or error in the enforcement notice, which might otherwise even render it invalid, provided that the appellant shall be given sufficient time to prepare and put forward his case.

(5) The Tribunal shall, in relation to appeals from enforcement notices grant its final decision on the merits of the appeal within one year from the first hearing, which period may be extended only once by a further period of six months in exceptional cases, in the interests of justice: Provided that in the event that the original period is extended as above stated, no evidence or submissions shall be lodged during the extension period:

Provided further that in the event that a final decision is not granted within the time-frames above indicated, the appeal shall be assigned by the Secretary to another panel.