Section 123 Expressions used in connection with enforcement.C1

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, F1or

(c)

initiating development without giving notice in accordance with section 27A(1) of this Act, or

(d)

carrying out development without displaying a notice in accordance with section 27C(1) of this Act,

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 F2as does the issuing of a notice under section 33A.

(3)

In this Part “planning permission” includes planning permission under Part III of the 1947 Act and Part III of the 1972 Act.

Annotations

F1: S. 123(1)(c)(d) and word inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 6(2), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.
F2: Words in s. 123(2) added (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 9(2), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.

C1: Ss. 123-149 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)

C1: Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
C2: Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
C3: Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2