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(1) For the purposes of this Act—
(a) carrying out development without the required planning permission, or
(b) failing to comply with any condition or limitation subject to which planning permission has been granted,
constitutes a breach of planning control.
(2) For the purposes of this Act—
(a) the issue of an enforcement notice, or
(b) the service of a breach of condition notice,
under this Part constitutes taking enforcement action.
(3) In this Part “planning permission” includes planning permission under Part III of the 1947 Act and Part III of the 1972 Act.
(1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of 4 years beginning with the date on which the operations were substantially completed.
(2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of 4 years beginning with the date of the breach.
(3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of 10 years beginning with the date of the breach.
(4) Subsections (1) to (3) do not prevent—
(a) the service of a breach of condition notice in respect of any breach of planning control if an enforcement notice in respect of the breach is in effect, or
(b) taking further enforcement action in respect of any breach of planning control if, during the period of 4 years ending with that action being taken, the planning authority have taken or purported to take enforcement action in respect of that breach.
(1) Where it appears to the planning authority that there may have been a breach of planning control in respect of any land, they may serve notice to that effect (referred to in this Act as a “planning contravention notice”) on any person who—
(a) is the owner or occupier of the land or has any other interests in it, or
(b) is carrying out operations on the land or is using it for any purpose.
(2) A planning contravention notice may require the person on whom it is served to give such information as to—
(a) any operations being carried out on the land, any use of the land and any other activities being carried out on the land, and
(b) any matter relating to the conditions or limitations subject to which any planning permission in respect of the land has been granted,
as may be specified in the notice.
(3) Without prejudice to the generality of subsection (2), the notice may require the person on whom it is served, so far as he is able—
(a) to state whether or not the land is being used for any purpose specified in the notice or any operations or activities specified in the notice are being or have been carried out on the land;
(b) to state when any use, operations or activities began;
(c) to give the name and address of any person known to him to use or have used the land for any purpose or to be carrying out, or have carried out, any operations or activities on the land;
(d) to give any information he holds as to any planning permission for any use or operations or any reason for planning permission not being required for any use or operation;
(e) to state the nature of his interest (if any) in the land and the name and address of any other person known to him to have an interest in the land.
(4) A planning contravention notice may give notice of a time and place at which—
(a) any offer which the person on whom the notice is served may wish to make to apply for planning permission, to refrain from carrying out any operations or activities or to undertake remedial works, and
(b) any representations which he may wish to make about the notice,
will be considered by the authority, and the authority shall give him an opportunity to make in person any such offer or representations at that time and place.
(5) A planning contravention notice must inform the person on whom it is served—
(a) of the likely consequences of his failing to respond to the notice and, in particular, that enforcement action may be taken, and
(b) of the effect of section 143(6).
(6) Any requirement of a planning contravention notice shall be complied with by giving information in writing to the planning authority.
(7) The service of a planning contravention notice does not affect any other power exercisable in respect of any breach of planning control.
(8) In this section references to operations or activities on land include operations or activities in, under or over the land.
(1) If at any time after the end of the period of 21 days beginning with the day on which a planning contravention notice has been served on any person, he has not complied with any requirement of the notice, he shall be guilty of an offence.
(2) An offence under subsection (1) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under that subsection by reference to any period of time following the preceding conviction for such an offence.
(3) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had a reasonable excuse for failing to comply with the requirement.
(4) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) If any person—
(a) makes any statement purporting to comply with a requirement of a planning contravention notice which he knows to be false or misleading in a material particular, or
(b) recklessly makes such a statement which is false or misleading in a material particular,
he shall be guilty of an offence.
(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The planning authority may issue a notice (in this Act referred Act as an “enforcement notice”) where it appears to them—
(a) that there has been a breach of planning control, and
(b) that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.
(2) A copy of an enforcement notice shall be served—
(a) on the owner and on the occupier of the land to which it relates, and
(b) on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.
(3) The service of the notice shall take place—
(a) not more than 28 days after its date of issue, and
(b) not less than 28 days before the date specified in it as the date on which it is to take effect.
(1) An enforcement notice shall state—
(a) the matters which appear to the planning authority to constitute the breach of planning control, and
(b) the paragraph of section 123(1) within which, in the opinion of the authority, the breach falls.
(2) A notice complies with subsection (1)(a) if it enables any person on whom a copy of it is served to know what those matters are.
(3) An enforcement notice shall specify the steps which the authority require to be taken, or the activities which the authority require to cease, in order to achieve, wholly or partly, any of the following purposes.
(4) Those purposes are—
(a) remedying the breach by making any development comply with the terms (including conditions and limitations) of any planning permission which has been granted in respect of the land by discontinuing any use of the land or by restoring the land to its condition before the breach took place; or
(b) remedying any injury to amenity which has been caused by the breach.
(5) An enforcement notice may, for example, require—
(a) the alteration or removal of any buildings or works,
(b) the carrying out of any building or other operations,
(c) any activity on the land not to be carried on except to the extent specified in the notice, or
(d) the contour of a deposit of refuse or waste materials on land to be modified by altering the gradient or gradients of its sides.
(6) An enforcement notice issued in respect of a breach of planning control consisting of demolition of a building may require the construction of a building (in this section referred to as a “replacement building”) which, subject to subsection (7), is as similar as possible to the demolished building.
(7) A replacement building—
(a) must comply with any requirement imposed by or under any enactment applicable to the construction of buildings,
(b) may differ from the demolished building in any respect which, if the demolished building had been altered in that respect, would not have constituted a breach of planning control, and
(c) must comply with any regulations made for the purposes of this subsection (including regulations modifying paragraphs (a) and (b) of this subsection).
(8) An enforcement notice shall specify the date on which it is to take effect and, subject to section 131(3), shall take effect on that date.
(9) An enforcement notice shall specify the period for compliance with the notice at the end of which any steps are required to have been taken or any activities are required to have ceased, and may specify different periods for different steps or activities.
(10) Where different periods apply to different steps or activities, references in this Part to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.
(11) An enforcement notice shall specify such additional matters as may be prescribed.
(12) Regulations may require every copy of an enforcement notice served under section 127 to be accompanied by an explanatory note giving prescribed information as to the right of appeal under section 130.
(13) Where—
(a) an enforcement notice in respect of any breach of planning control could have required any buildings or works to be removed or any activity to cease, but does not do so, and
(b) all the requirements of the notice have been complied with,
then, so far as the notice did not so require, planning permission shall be treated as having been granted under section 33 in respect of development consisting of the construction of the buildings or works or, as the case may be, the carrying out of the activities.
(14) Where—
(a) an enforcement notice requires the construction of a replacement building, and
(b) all the requirements of the notice with respect to that construction have been complied with,
planning permission shall be treated as having been granted under section 33 in respect of development consisting of that construction.
(1) The planning authority may—
(a) withdraw an enforcement notice issued by them, or
(b) waive or relax any requirement of such a notice and, in particular, may extend any period specified in accordance with section 128(9).
(2) The powers conferred by subsection (1) may be exercised whether or not the notice has taken effect.
(3) The planning authority shall, immediately after exercising the powers conferred by subsection (1), give notice of the exercise to every person who has been served with a copy of the enforcement notice or would, if the notice were reissued, be served with a copy of it.
(4) The withdrawal of an enforcement notice does not affect the power of the planning authority to issue a further enforcement notice.
(1) A person on whom an enforcement notice is served or any other person having an interest in the land may, at any time before the date specified in the notice as the date on which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—
(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;
(b) that those matters have not occurred;
(c) that those matters (if they occurred) do not constitute a breach of planning control;
(d) that, at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters;
(e) that copies of the enforcement notice were not served as required by section 127;
(f) that the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;
(g) that any period specified in the notice in accordance with section 128(9) falls short of what should reasonably be allowed.
(2) An appeal under this section shall be made either—
(a) by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect, or
(b) by sending such notice to him in a properly addressed and prepaid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.
(3) A person who gives notice under subsection (2) shall submit to the Secretary of State, either when giving the notice or within the prescribed time, a statement in writing—
(a) specifying the grounds on which he is appealing against the enforcement notice, and
(b) giving such further information as may be prescribed.
(1) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 130 and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, in so prescribing may—
(a) specify the matters on which information is to be given in a statement under section 130(3);
(b) require the planning authority to submit, within such time as may be specified, a statement indicating the submissions which they propose to put forward on the appeal;
(c) specify the matters to be included in such a statement;
(d) require the authority or the appellant to give such notice of an appeal as may be specified to such persons as may be specified;
(e) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be specified, a copy of the enforcement notice and a list of the persons served with copies of it.
(2) Subject to section 132(3), the Secretary of State shall, if either the appellant or the planning authority so desire, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(3) Where an appeal is brought under section 130 the enforcement notice shall be of no effect pending the final determination or the withdrawal of the appeal.
(4) Schedule 4 applies to appeals under section 130, including appeals under that section as applied by regulations under any other provisions of this Act.
(1) On the determination of an appeal under section 130, the Secretary of State shall give directions for giving effect to the determination, including, where appropriate, directions for quashing the enforcement notice.
(2) On such an appeal the Secretary of State may—
(a) correct any defect, error or misdescription in the enforcement notice, or
(b) vary the terms of the enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the planning authority.
(3) The Secretary of State may—
(a) dismiss an appeal if the appellant fails to comply with section 130(3) within the prescribed time, and
(b) allow an appeal and quash the enforcement notice if the planning authority fail to comply with any requirement imposed by virtue of paragraph (b), (c) or (e) of section 131(1).
(4) Where it would otherwise be a ground for determining an appeal in favour of the appellant that a person required by section 127(2) to be served with a copy of the enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.
(1) On the determination of an appeal under section 130, the Secretary of State may—
(a) grant planning permission in respect of any of the matters stated in the enforcement notice as constituting a breach of planning control or any of those matters so far as relating to part of the land to which the notice relates,
(b) discharge any condition or limitation subject to which planning permission was granted,
(c) grant planning permission for such other development on the land to which the enforcement notice relates as appears to him to be appropriate, and
(d) determine whether on the date on which the appeal was made, any existing use of the land was lawful, any operations which had been carried out in, on, over or under the land were lawful or any matter constituting a failure to comply with any condition or limitation subject to which the permission was granted was lawful and, if so, issue a certificate under section 150.
(2) The provisions of sections 150 to 153 mentioned in subsection (3) shall apply for the purposes of subsection (1)(d) as they apply for the purposes of section 150, but as if—
(a) any reference to an application for a certificate were a reference to the appeal and any reference to the date of such an application were a reference to the date on which the appeal is made, and
(b) references to the planning authority were references to the Secretary of State.
(3) Those provisions are sections 150(5) to (7), 152(4) (so far as it relates to the form of the certificate), (6) and (7) and 153.
(4) In considering whether to grant planning permission under subsection (1), the Secretary of State shall have regard to the provisions of the development plan, so far as material to the subject matter of the enforcement notice, and to any other material considerations.
(5) The planning permission which may be granted under subsection (1) is any planning permission which might be granted on an application under Part III.
(6) Where the Secretary of State discharges a condition or limitation under subsection (1), he may substitute for it any other condition or limitation.
(7) Where an appeal against an enforcement notice is brought under section 130, the appellant shall be deemed to have made an application for planning permission in respect of the matters stated in the enforcement notice as constituting a breach of planning control.
(8) Where—
(a) the statement under section 130(3) specifies the ground mentioned in subsection (1)(a) of that section,
(b) any fee is payable under regulations made by virtue of section 252 in respect of the application deemed to be made by virtue of the appeal, and
(c) the Secretary of State gives notice in writing to the appellant specifying the period within which the fee must be paid,
then, if that fee is not paid within that period, the appeal, so far as brought on that ground, and the application shall lapse at the end of that period.
(9) Any planning permission granted under subsection (1) on an appeal shall be treated as granted on the application deemed to have been made by the appellant.
(10) In relation to a grant of planning permission or a determination under subsection (1) the Secretary of State’s decision shall be final.
(11) For the purposes of section 36 the decision shall be treated as having been given by the Secretary of State in dealing with an application for planning permission made to the planning authority.
The validity of an enforcement notice shall not be questioned in any proceedings whatsoever on any of the grounds specified in section 130(1)(b) to (e) except by appeal under that section.
(1) If any steps which are required by an enforcement notice to be taken have not been taken within the compliance period, the planning authority may—
(a) enter the land and take those steps, and
(b) recover from the person who is then the owner or lessee of the land any expenses reasonably incurred by them in doing so.
(2) If that person did not appeal to the Secretary of State although entitled to do so, he shall not be entitled to dispute the validity of the action taken by the planning authority under subsection (1) in accordance with the enforcement notice.
(3) In computing the amount of the expenses which may be recovered by them under subsection (1), a planning authority may include in that amount such proportion of their administrative expenses as seems to them to be appropriate.
(4) Where a copy of an enforcement notice has been served in respect of any breach of planning control—
(a) any expenses incurred by the owner, lessee or occupier of any land for the purpose of complying with the notice, and
(b) any sums paid by the owner or lessee of any land under subsection (1) in respect of expenses incurred by the planning authority in taking steps required by such a notice to be taken,
shall be recoverable from the person by whom the breach of planning control was committed.
(5) If on a complaint by the owner of any land it appears to the sheriff that the occupier of the land is preventing the owner from carrying out work required to be carried out by an enforcement notice, the sheriff may by warrant authorise the owner to go on to the land and carry out that work.
(6) A planning authority taking steps under subsection (1) may sell any materials removed by them from the land unless those materials are claimed by the owner within 3 days of their removal.
(7) After any such sale the planning authority shall pay the proceeds to the owner less the expenses recoverable by them from him.
(8) Where a planning authority seek, under subsection (1), to recover any expenses from a person on the basis that he is the owner of any land, and such person proves that—
(a) he is receiving the rent in respect of that land merely as trustee, tutor, curator, factor or agent of some other person, and
(b) he has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
his liability shall be limited to the total amount of the money which he has or has had in his hands on behalf of that other person.
(9) A planning authority who by reason of subsection (8) have not recovered the whole of any such expenses from a trustee, tutor, curator, factor or agent may recover any unpaid balance from the person on whose behalf the rent is received.
(10) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) In this section and in sections 136, 140 and 141 any reference to the compliance period, in relation to an enforcement notice, is a reference to the period specified in the notice for compliance with it or such extended period as the planning authority may allow for compliance with it.
(1) Where, at any time after the end of the compliance period in respect of an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is in breach of the notice.
(2) Where the owner of the land is in breach of the notice he shall be guilty of an offence.
(3) In proceedings against any person for an offence under subsection (2), it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
(4) A person who has control of or an interest in the land to which an enforcement notice relates (other than the owner) must not carry on any activity which is required by the notice to cease or cause or permit such an activity to be carried on.
(5) A person who, at any time after the end of the period for compliance with the notice, contravenes subsection (4) shall be guilty of an offence.
(6) An offence under subsection (2) or (5) may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under the subsection in question by reference to any period of time following the preceding conviction for such an offence.
(7) Where—
(a) a person charged with an offence under this section has not been served with a copy of the enforcement notice, and
(b) the notice is not contained in the appropriate register kept under section 147,
it shall be a defence for him to show that he was not aware of the existence of the notice.
(8) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding £20,000, and
(b) on conviction on indictment, to a fine.
(9) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(1) Where, after the service of—
(a) a copy of an enforcement notice, or
(b) a breach of condition notice,
planning permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission.
(2) Where, after a breach of condition notice has been served, any condition to which the notice relates is discharged, the notice shall cease to have effect so far as it requires any person to secure compliance with the condition in question.
(3) The fact that an enforcement notice or breach of condition notice has wholly or partly ceased to have effect by virtue of this section shall not affect the liability of any person for an offence in respect of a previous failure to comply, or secure compliance, with the notice.
(1) Compliance with an enforcement notice, whether in respect of—
(a) the removal or alteration of any building or works,
(b) the discontinuance of any use of land, or
(c) any other requirements contained in the notice,
shall not discharge the notice.
(2) Without prejudice to subsection (1), any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.
(3) Without prejudice to subsection (1), if any development is carried out on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were removed or altered.
(4) A person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) If it appears to the Secretary of State that it is expedient that an enforcement notice should be served in respect of any land, he may himself serve such a notice under section 127.
(2) An enforcement notice served by the Secretary of State shall have the same effect as if it had been served by the planning authority.
(3) The Secretary of State shall not serve such a notice without consulting the planning authority.
(4) The provisions of this Act relating to enforcement notices apply, so far as relevant, to an enforcement notice served by the Secretary of State as they apply to an enforcement notice served by a planning authority, but with the substitution for any reference to the planning authority of a reference to the Secretary of State, and any other necessary modifications.
(1) Where the planning authority consider it expedient that any relevant activity should cease before the expiry of the compliance period in respect of an enforcement notice, they may, when they serve the copy of the enforcement notice or afterwards, serve a notice (in this Act referred to as a “stop notice”) prohibiting the carrying out of that activity on the land to which the enforcement notice relates, or any part of that land specified in the stop notice.
(2) In this section, “relevant activity” means any activity specified in the enforcement notice as an activity which the planning authority require to cease and any activity carried out as part of that activity or associated with that activity.
Town and Country Planning (Scotland) Act 1997