Planning and Building Standards Enforcement Options

Option/Notice 

Lead Dept. Section

What can the notice do ? 

Costs 

Recoup of costs 

Risk 

Right of Appeal

Additional Info 

Planning Contravention Notices (Section 125)

 

Planning

Legal request for information about activities or development where   suspected breach of planning

None to council

n/a

None

No

Notice is not formal enforcement action.  Failure to comply with notice or give incorrect information could result in  fine.

Breach of Condition Notice (Section 145)

 

 

Planning

Used when failure to comply with conditions attached to a permission

None to Council

n/a

None

No but may be challenged through judicial review

Can only be served within 10 years of breach

Fixed penalty notice could be issued if non compliance

Enforcement Notices (Sections 127-139)

 

 

Planning

Requires landowners or developers who have breached planning control to correct breach and set out actions or work to make development acceptable in planning terms.

Council can carry out direct action and recoup costs in event of non-compliance

Yes

None

Yes

 

Stop Notices (Section 140-144)

 

 

Planning

Can be served to cease relevant activity before the compliance period of a enforcement notice

Council liable for compensation if served incorrectly.

n/a

Potential costs to firm carrying out the works – i.e. job losses, bankruptcy cessation of a business

No – but can be challenged by applying to the court of session for judicial review

Only to be used as last resort. Requirements should prohibit only what essential to safeguard amenity or public safety or prevent serious / irreversible harm to environment and surrounding area. Should also be served with an Enforcement Notice and before it take effect

Temporary Stop Notices (Section 133A-144D)

 

Planning

Requires the immediate cessation of an activity from the moment it is displayed on site.

None to council – fine can be up to £20,000 if contravened

n/a

Compensation liability if  notice withdrawn or error in serving  notice

No

Does not have to be served with  Enforcement Notice.  Only to be used if  clear and immediate need for such action. Only effective for 28 days

Untidy Land / Amenity Notices (Section 179)

 

 

Planning

Can be served on owner, lessee or occupier of land in their area, condition of which is considered adversely affecting the amenity of area –  notice specifies steps for  abatement of  injury to  amenity.

Council can take direct action

Yes

None

yes

This notice does not constitute taking enforcement action and no fixed penalty can be issued

Discontinuance Notice (Section 71)

 

 

Planning

To discontinue use of land or impose conditions on the continued use of land

None

n/a

Notice has to be confirmed by Scottish Ministers

Yes to Scottish Ministers

Rarely used

Listed Building enforcement notice (Section 34-36)

 

 

Planning

Served on works carried out to  listed building to either restore building  former state  or if not possible to alleviate  effect of unauthorised works

None

n/a

none

Yes

Criminal offence to carry out works to a listed building without permission. Prosecution may be sought

Listed Buildings repairs Notice

 

Planning

Can be served on the owner of a listed building when the owner fails to keep the listed building in reasonable state of repair

Yes – if not complied with the council may be entitled to acquire the building through compulsory purchase

yes

If notice served works have to be carried out and if compulsory purchase property has to be sold to recoup costs

Yes – to the sheriff for compulsory purchase

 

Advertisement Enforcement

 

 

Planning

Can be served on any advertisement displayed without  necessary consent or without compliance with condition or limitation attached to a consent

Council can take direct action to comply with any requirements of the notice

yes

none

yes

No time limit on how long enforcement action can be taken

Notice requiring application for planning permission for development already carried out (Section 33A)

 

 

Planning

Requires a retrospective planning application to be submitted

£0

n/a

none

No

Should only be served if highly likely planning permission will be granted

Interdict to restrain breaches of planning control (section 146)

 

Planning

Can apply for an interdict to restrain breaches of planning control

Court costs

n/a

court decision (may be refused )

No

 

Section 28 – Defective buildings. This notice requires the owner to rectify such defects as the notice may specify

 

Building Standards

The notice gives owner 7 days to start  corrective works and 21 days to complete  works.

Considerable Surveyor time and potentially  significant cost to Council of doing  works in default if no attempt is made by owner to comply with notice

Possibly, however payments could be made over  20 year period via  charging order.

 

Yes.  Owner may appeal to the sheriff within 21 days of the date of the decision or notice

This notice is very rarely used as it will put the onus on the Council to carry out the works in default if owner(s) cannot agree on a repair scheme.

Section 29 – Dangerous buildings. “A dangerous building” constitutes a danger to persons in or about it or to the public generally or to adjacent buildings or places.

 

Building Standards

This notice allows Council to undertake works in the public interest to remove the perceived risk if the building owner cannot be found or is unwilling to carry out the work

Considerable Surveyor time and significant costs to the Council if owner cannot be found or unwilling to get own Contractor to remove danger

Possibly, however payments could be made over a 20 year period via a Charging order.

 

No

This notice is an absolute last resort and again is rarely used unless there is an imminent danger to the public.