Section 83A Expressions used in connection with enforcement.F1

Scotland

(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 (defined in section 84 of this Act); or

(b)

the service of a breach of condition notice (defined in section 87AA of this Act),

constitutes taking enforcement action.

(3)

In this Part of this Act “planning permission” includes planning permission under Part III of the M1Town and Country Planning (Scotland) Act 1947.

Annotations

F1: Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art. 4 and S.I. 1992/1937, art. 4 (with art.5).

F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

C1: Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

F1: Ss. 83A, 83B and cross heading inserted (26.3.1992 except so far as relating to breach of condition notices, 25.9.1992 so far as not already in force) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 36(1) (with s. 84(5)); S.I. 1992/334, art.4 and S.I. 1992/1937, art. 4 (with art. 5).