Town And Country Planning Scotland Act 1997

Question

We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under the Town & Country Planning (Scotland) Act 1997 {as amended by the Planning etc (Scotland) Act 2006} and Planning (Listed Buildings & Conservation Areas)(Scotland) Act 1997, T&CP (Control of Advertisement)(Scotland) Regulations 1984 {as amended} and subsequently contained within all Notices/Orders that have been :

(1) served,

(2) remain extant,

(3) Complied with, and

(4) Complied with but have invoices pending in respect of works carried out by or on behalf of your council,

during the period 19th Jan 2017 to the 3rd July 2017, under or pursuant to Sections 33A, 71, 127, 136, 136A, 140, 144A, 145, 168, 179, 186, 189, 190 and 194 of the T&C Planning (Scotland) Act 1997 {as amended} and Sections 3, 4, 34, 42, 43, 49 and 50 of the Planning (LB & CA)(Scotland) Act 1997, and Reg 24 of Advert Reg 1984 which information would form part of any PEC issued by the Council were one to be issued. Please answer all four questions.

Answer

In response to FOI below, these two notices were the only two served by Comhairle nan Eilean Siar (From the list below) during the period 19th Jan 2017 to the 3rd July 2017 and the information below is that which would be contained in a Property Enquiry Certificate were one to be issued

Section 127 - Issue of enforcement notice – Served on Land at Kirkbost Pier, Great Bernera, Isle of Lewis on 08/11/16 (Note - Complied with within time stipulated)

Section 145 - Enforcement of conditions – Served on Land at 7 Bornish, Isle of South Uist on 07/11/16 in connection with Planning Permission 10/00025 (Note – Not Complied with within the timescale)

The Town & Country Planning (Scotland) Act 1997 {as amended by the Planning etc (Scotland) Act 2006}

Section 33A - Notice requiring application for development already carried out

Section 71 - Orders requiring discontinuance of use or alteration or removal of buildings or works

Section 127 - Issue of enforcement notice

Section 136 - Offence where enforcement notice not complied with

Section 136A - Fixed penalty notice where enforcement notice not complied with

Section 140 - Stop notices

Section 144A - Temporary Stop notices

Section 145 - Enforcement of conditions

Section 168 - Enforcement of duties as to replacement of trees

Section 179 - Notice requiring proper maintenance of land

Section 186 - Enforcement of control as to advertisements

Section 189 - Compulsory acquisition of land in connection with development and for other planning purposes

Section 190 - Compulsory acquisition of land by Secretary of State for the Environment

Section 194 - Extinguishment of rights over land compulsorily acquired

Planning (Listed Buildings & Conservation Areas)(Scotland) Act 1997,

Section 3 - Temporary listing: building preservation notices

Section 4 - Temporary listing in urgent cases

Section 34 - Power to use listed building enforcement notice

Section 42 - Compulsory acquisition of listed building in need of repair

Section 43 - Repairs notice as preliminary to acquisition under section 42

Section 49 - Urgent works to preserve unoccupied listed buildings

Section 50 - Recovery of expenses of works under section 49

Advert Reg 1984 T&CP (Control of Advertisement)(Scotland) Regulations 1984 {as amended}

Reg 24 – Enforcement of Advertisement Control