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Annex D:
Existing Enforcement Powers
Power | Description of Power | Aim of Power |
|---|
PCN | A Notice served on owner or occupier of land whenever planning authorities suspect a breach of planning control, specifying information required and allowing 21 days to reply. | To obtain information about unauthorised development |
BCN | A notice served where a valid planning condition has been breached. It may specify positive steps or prohibition and there is no right of appeal against a BCN | An alternative to an EN specifically where the threat of action is likely to secure compliance with the condition |
EN | A notice served where it appears there has been a breach of planning control, stating accurately what constitutes the breach, the remedial steps to be taken, the date, the compliance period, reasons for the notice and the precise boundaries of land it relates to. The recipient may appeal. | To secure the cessation or removal of unauthorised development where it is expedient to do so. |
Stop Notice | A notice served in association with an EN prohibiting the carrying out, on the EN land, any activity described as a breach of control in the EN until the expiry of the compliance period specified in the EN. There is no right of appeal and non compliance is an offence | The aim of a stop notice is to prevent the activity specified in an EN continuing where there is a significant threat to amenity or a building if it continued |
Direct Action | It is a "default" power allowing local authorities to enter land subject to an EN and to carry out the unfulfilled requirements of the EN themselves and to recover the costs of the action. | The aim is to enable an authority to make development comply with any planning permission granted or to remove or alleviate any injury to amenity caused by development. |
Interdict | A power to allow planning authorities to seek to restrain or prevent any breach of planning control, whether actual or apprehended through the Civil Courts | To stop or control unauthorised development with more certainty of prosecution if ignored, as it is a court order |
Prosecution | Prosecution involves the submission of a case to the Procurator Fiscal where the use of the powers above has still not resolved the breach of planning control | The aim is to secure compliance through the Courts and subject to the maximum fine payable of £20,000 to penalise the transgressor |
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