| Description | Circular 4/1999 |
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| ISBN | n/a |
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| Official Print Publication Date | |
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| Website Publication Date | March 01, 1999 |
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Contents |
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Circular 4/1999
ANNEX I
LAND ADVERSELY AFFECTING AMENITY OF
NEIGHBOURHOOD
Section 179 of the 1997 Act provides planning
authorities with the power to serve a notice on the owner,
lessee or occupier of land in their area, the condition of
which they consider to be adversely affecting the amenity
of the area. Such notices may require specified steps to be
taken for the abatement of the injury to the amenity. The
service of a notice is effected by the service of a copy of
the notice; a notice will take effect from a date specified
in the notice, being not less than 28 days after the latest
service; and the planning authority may withdraw a notice
at any time before it takes effect (without prejudice to
their power to serve another notice) by serving notice of
the withdrawal on every recipient of the original
notice.
However, although the service of a notice does not
constitute "taking enforcement action", the revised appeal
procedures set out in Regulations 5 & 6 of the Town and
Country Planning (Enforcement of Control) (No. 2)
(Scotland) Regulations 1992 also apply to appeals against
these notices. In particular, this means that an appellant
must observe the time limit for submitting the appeal
statement. Regulation 7 also applies the requirements for
registration of these notices under Section 181.
Contents |