The Scottish Government

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Circular 4/1999

PLANNING ENFORCEMENT TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997

This Circular supersedes Circulars 8/1992 and 36/1992

The Chief Executive Local Authorities
Our ref: PGC/8/9

March 1999

Contents

INTRODUCTION

ANNEX A
INTRODUCTION
Definitions Used In Connection With Enforcement
TIME LIMITS ON ENFORCEMENT ACTION
Breaches With A 4-Year Time Limit
Breaches With A 10-Year Time Limit
Time Limits On Supplementary Enforcement Act

ANNEX B
PLANNING CONTRAVENTION NOTICES
Provisions
Serving A Planning Contravention Notice
Information Required
Opportunity To Make Representations
Responses
Penalties

ANNEX C
RIGHTS OF ENTRY
Provisions
Rights Of Entry Without A Warrant
Rights Of Entry Under Warrant
Rights Of Entry: Supplementary Provisions
Rights Of Entry: Agricultural Land

ANNEX D
CERTIFICATES OF LAWFUL USE DEVELOPMENT
Provisions
Purpose Of Certificates of Lawful Use or Development
What is Lawfulness?
Applications For Certificates
Fees For Applications
Determination Of Applications
The Onus Of Proof In An Application
The Content Of Certificates Under Section 150
The Effect Of A Certificate Under Section 150
The Content Of Certificates Under Section 151
The Effect Of A Certificate Under Section 151
The Content Of Certificates: General Supplementary Provisions
Revocation Of Certificates
Offences
Rights Of Appeal To Secretary Of State
The Costs Involved In Making An Appeal
Appeal To The Court of Session
Secretary Of State's Power Under Section 133(1)(d) To Issue A Certificate Under Section 150

ANNEX E
ENFORCEMENT NOTICES
Provisions
Issue Of An Enforcement Notice
Content of Enforcement Notices - Identification of the Breach
Content Of Enforcement Notices - Remedial Action And Its Purposes
Content Of Enforcement Notices - Timescales
Content Of Enforcement Notices - Additional Requirements
Variation/Withdrawal Of Enforcement Notices
Appeal Against Enforcement Notices
Right Of Appeal
Appeals Procedure - Appellants
Appeals Procedure - Planning Authorities
Appeals Procedure - General
Appeals Procedure - Payment And Refund Of Fees
Execution Of Works Required By Enforcement Notice (Direct Action)
Offence Where Enforcement Notice Not Complied With
Environmental Assessment

ANNEX F
STOP NOTICES
Purpose Of A Stop Notice
Deciding To Serve A Stop Notice
Serving A Stop Notice
Effective Service Of A Stop Notice
Public Notification Of Service Of A Stop Notice
Challenging A Stop Notice
Penalties For Contravention
Power To Withdraw A Stop Notice
Cessation Of Effect Of Stop Notice
Planning Authority Liability For Compensation

ANNEX G
BREACH OF CONDITION NOTICES
Provisions
Purpose Of A Breach Of Condition Notice
Deciding To Serve A Breach Of Condition Notice
Serving A Breach Of Condition Notice
Content Of A Breach Of Condition Notice
Registration Of A Breach of Condition Notice
Challenging A Breach Of Condition Notice
Non-Compliance With A Breach Of Condition Notice
Penalties For Contravention

ANNEX H
INTERDICTS TO RESTRAIN BREACHES OF PLANNING CONTROL
Provisions
Application For An Interdict
The Court's Decision

ANNEX I
LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD
Provisions

Planning Series:

National Planning Policy Guidelines (NPPGs) provide statements of Government policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.

Circulars, which also provide statements of Government policy, contain guidance on policy implementation through legislative or procedural change.

Planning Advice Notes (PANs) provide advice on good practice and other relevant information.

Statements of Government policy contained in NPPGs and Circulars may, so far as relevant, be material considerations to be taken into account in development plan preparation and development control.

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