Planning and Building Standards Enforcement Options | Argyll and Bute Council

Enforcement Notices
Option/Notice	Lead Dept. Section	What can the notice do ?	Costs	Recoup of costs	Risk	Right of Appeal	Additional Info	Notes
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	None to council – fine can be up to £20,000 if contravened	n/a	Compensation liability if notice withdrawn or error in serving notice	No	Does not have to be served with Enforcement Notice.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.

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