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The Town and Country Planning (Special Enforcement Notices) (Scotland) Regulations 1992

S.I. 1992/478 · Made 2 March 1992

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

TOWN AND COUNTRY PLANNING, SCOTLAND

Made 2nd March 1992

Laid before Parliament 5th March 1992

Coming into force 26th March 1992

The Secretary of State, in exercise of the powers conferred on him by section 3(9) of the Town and Country Planning Act 1984f1, section 273 of the Town and Country Planning (Scotland) Act 1972f2 (as applied by section 6(4) of the Town and Country Planning Act 1984) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1984 c. 10.

f2

1972 c. 52; section 273 was amended by the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Schedule 3, paragraph 22, and by the Housing and Planning Act 1986 (c. 63), Schedule 6, Part IV, paragraph 6 and Schedule 9, paragraph 18(2).

Contents

  1. 1Regulation 1
  2. 2Regulation 2
  3. 3Regulation 3
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1

These Regulations may be cited as the Town and Country Planning (Special Enforce ment Notices) (Scotland) Regulations 1992 shall come into force on 26th March 1992 and shall extend to Scotland only.

2

The provisions of the Town and Country Planning (Scotland) Act 1972f1 specified in the Schedule to these Regulations shall apply to special enforcement notices and to appeals against such notices under section 3(7) of the Town and Country Planning Act 1984 as if the references in those provisions to an enforcement notice were references to a special enforcement notice and subject to the further modifications specified in that Schedule.

3

The Town and Country Planning (Special Enforcement Notices) (Scotland) Regulations 1984f1 are hereby revoked.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

2nd March 1992

Column (1)Column (2)
Provisions of the Town and Country Planning (Scotland) Act 1972Modifications
Section 84AA(10)f1For the words “section 84 of this Act” and “section 85 of this Act” substitute “section 3(2) of the Town and Country Planning Act 1984” and “section 3(7) of that Act”.
Section 84ABIn subsection (1)(b) for the words “section 84AA(9) of this Act” substitute “section 3(5) of the Town and Country Planning Act 1984”.
Section 85(10)For the words “paragraphs (b) to (e) of subsection (1) of this section” substitute “section 3(7) of the Town and Country Planning Act 1984”.
Section 86f2
1

Subsections (1) to (3) shall not apply.

2

In subsection (4) for the words “has control of or an interest in” substitute “occupies” and delete the words “(other than the owner)”.

Section 87f3
1

In subsection (4)(c) for the words “section 84AA(9)” substitute “section 3(5) of the Town and Country Planning Act 1984”.

2

In subsection (6) for the words “have an interest in” substitute “be occupying”.

3

In subsection (9) for the words “section 84 of this Act” substitute “section 3(6) of the Town and Country Planning Act 1984”.

Section 87Af4None.
Section 89f5In subsection (2) omit the words “to the extent that it is in contravention of Part III of this Act”.
Section 89A(1)(a)f6None.
Section 89A(3)The words “or breach of condition notice” shall be deleted.
Section 166f7
1

In subsection (2) for paragraphs (a) to (d) substitute—

“(a)

the special enforcement notice is quashed;

(b)

the special enforcement notice is varied so that any activity the carrying out of which is prohibited by the stop notice ceases to be a relevant activity within the meaning of section 87(2) of this Act;

(c)

the special enforcement notice is withdrawn by the planning authority;

(d)

the stop notice is withdrawn”.

2

In subsection (3) for the words “a breach of planning control” substitute “development”.

3

In subsection (6)(a) for the words “a breach of planning control” substitute “development”.

4

In subsection (6)(b) delete “83C, 83D or”.

Section 231(3)(f)f8For the words “section 85 of this Act” substitute “section 3(7) of the Town and Country Planning Act 1984”.
Section 270f9

For subsection (1) substitute—

“(1)

For the purpose of enabling a special enforcement notice to be issued by them under section 3(2) of the Town and Country Planning Act 1984, the planning authority may in writing request the occupier of any land to supply in writing details as to the occupation and current use of the land within such period, not being less than twenty-one days from the date of the written request, as the planning authority may specify.”.

Explanatory note

(This note is not part of the Regulations)

These Regulations, which replace the Town and Country Planning (Special Enforcement Notices) (Scotland) Regulations 1984 following the commencement of the relevant provisions contained in the Planning and Compensation Act 1991, apply to special enforcement notices those provisions of the Town and Country Planning (Scotland) Act 1972 (as amended by the 1991 Act) which are specified in the Schedule to these Regulations subject to modification where appropriate. The Regulations make no substantive changes to the previous Regulations.

The background to the Regulations is as follows:—

  • Section 3 of the Town and Country Planning Act 1984 empowers planning authorities (with the consent of the Crown) to issue special enforcement notices in respect of a development carried out on Crown land by persons such as trespassers at a time when there is no private right to occupy the land. Section 3(9) applies to special enforcement notices certain of the provisions of section 85 of the Town and Country Planning (Scot land) Act 1972 relating to enforcement notices issued in respect of breaches of planning control and empowers the Secretary of State to apply other provisions of the 1972 Act subject to modification.