Explanatory note
(This note is not part of the Regulations)
These Regulations replace the Town and Country Planning (Enforcement of Control) (Scotland) Regulations 1984, consequential on the coming into force of the Planning and Compensation Act 1991.
They contain provisions relating to the enforcement of planning control following amend ment of the Town and Country Planning (Scotland) Act 1972 by the 1991 Act. They make provision for procedural matters in connection with the issuing of enforcement notices by planning authorities (Part II), for the procedure in relation to appeals against waste land notices, enforcement notices, listed building enforcement notices and conservation area enforcement notices (Part III), for the keeping of registers of waste land notices, enforcement notices and stop notices (Part IV) and for the application of these Regulations in respect of enforcement notices, stop notices, listed building enforcement notices and conservation area enforcement notices which are served by the Secretary of State (Part V).
The only substantive changes made are:
the application of the appeal procedure provisions which apply in respect of waste land notices, enforcement notices and stop notices so that they also apply in respect of conservation area enforcement notices, and
the substitution of 14 days instead of 28 days in respect of the requirement as to submission of a statement of grounds of appeal at the request of the Secretary of State. This applies to appeals against waste land notices, enforcement notices, listed building enforcement notices and conservation area enforcement notices. The 28 day time limit is to continue to apply to appeals which have already been made at the date of coming into force of these Regulations.
amendment of the explanatory note to be included in an enforcement notice served by a planning authority to reflect the new provision (introduced into the 1972 Act by an amendment contained in the 1991 Act) as to making an appeal against an enforcement notice, to the effect that an appeal may be made by sending written notice of the appeal to the Secretary of State 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 the date on which the enforcement notice is to take effect.