 |
|
Planning Enforcement |
|
|
|
If development (or a change of use of land or buildings) proceeds without the necessary planning permission or if conditions in a planning permission are breached, a Planning Authority may choose to take enforcement action. |
|
 |
|
|
 |
|
This involves serving the offending party (usually the landowner or operator) with an Enforcement Notice requiring steps to be taken to remedy the breach. There is a right of appeal to the Scottish Ministers exercisable by any party on whom an Enforcement Notice is served. |
|
|
|
Where a Council considers that an immediate cessation of any breach is required they may serve a Stop Notice or alternatively or additionally could apply to the Court for a restraining order ("Interdict"). In effect a Stop Notice imposes a ban on the activity it relates to.
A Planning Authority has substantial powers to enter on to land, to take direct action to remedy the breach and then to recover costs from the owner of the land.
Substantial criminal penalties can be imposed for a breach of an Enforcement Notice or a Stop Notice and any party against whom enforcement action is taken must seek immediate legal advice.
We have a strong track record of advising clients on whether a planning breach exists as a matter of law and of challenging enforcement proceedings through the courts.
Recent Experience
· We successfully represented a landowner in a Planning Enforcement Notice Appeal involving the dumping of abattoir waste on land by a third party. The order, requiring the removal and storage of dumped waste, was upheld. Members of our Land Resources, Planning and Environment and Dispute Resolution Groups collaborated in this complex multi-disciplinary matter.
· Advising a construction company for an alleged breach of the Waste Management Regulations.
· Successfully defending a farmer in a prosecution for an alleged pollution incident.
· Advising the operators of a packaging waste recycling scheme regarding an alleged technical breach of packaging waste recycling certification scheme requirements.
For more information contact Alastair McKie |
|
|
|
|
|
