- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Planning etc. (Scotland) Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
(1)After section 144 of the principal Act (penalties for contravention of stop notice) insert—
(1)If a planning authority consider that—
(a)there has been a breach of planning control in relation to any land,
(b)the breach consists in engagement in an activity, and
(c)it is expedient that the activity (or any part of the activity) is stopped immediately,
they may issue a temporary stop notice.
(2)The notice must be in writing and must—
(a)specify the activity in question,
(b)prohibit engagement in the activity (or in so much of the activity as is specified in the notice), and
(c)set out the authority's reasons for issuing the notice.
(3)A temporary stop notice may be served on any of the following—
(a)a person who appears to the authority to be engaged in the activity,
(b)a person who appears to the authority to have an interest in the land (whether as owner or occupier or otherwise).
(4)The authority must display on the land—
(a)a copy of the notice, and
(b)a statement as to the effect of section 144C.
(5)A temporary stop notice has effect from the time a copy of it is first displayed in pursuance of subsection (4).
(6)A temporary stop notice ceases to have effect at the end of the period of 28 days starting on the day the copy notice is so displayed.
(7)Except that if a shorter period starting on that day is specified in the notice, the notice instead ceases to have effect at the end of that shorter period.
(8)And if the notice is withdrawn by the authority before that period of 28 days, or as the case may be that shorter period, expires the notice ceases to have effect on being so withdrawn.
(1)A temporary stop notice does not prohibit—
(a)the use of a building as a dwellinghouse, or
(b)engagement in an activity (either or both)—
(i)of such description,
(ii)in such circumstances,
as may be prescribed.
(2)A temporary stop notice does not prohibit engagement in any activity which has been engaged in (whether continuously or not) for a period of more than 4 years ending with the day on which a copy of the notice is first displayed in pursuance of section 144A(4).
(3)But subsection (2) does not prevent a temporary stop notice prohibiting—
(a)activity consisting in, or incidental to, building, engineering, mining or other operations, or
(b)the deposit of refuse or waste materials.
(4)For the purposes of subsection (2), any period during which the activity in question is authorised by planning permission is to be ignored.
(5)A second or subsequent temporary stop notice must not be issued in respect of the same activity unless the planning authority have in the meantime taken some other enforcement action in relation to the breach of planning control which is constituted by the activity.
(6)In subsection (5), “enforcement action” includes obtaining the grant of an interdict under section 146(2).
(1)A person is guilty of an offence if he contravenes a temporary stop notice—
(a)which has been served on him, or
(b)a copy of which has been displayed in pursuance of section 144A(4).
(2)Contravention of a temporary stop notice includes causing or permitting the contravention of it.
(3)An offence under this section may be charged by reference to a day or to a period longer than a day.
(4)A person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different days or different periods.
(5)It is a defence in any proceedings under this section that—
(a)the temporary stop notice was not served on the accused, and
(b)he did not know, and could not reasonably have been expected to know, of its existence.
(6)A person convicted of an offence under this section is liable—
(a)on summary conviction, to a fine not exceeding £20,000,
(b)on conviction on indictment, to a fine.
(7)In determining the amount of the fine, the court is in particular to have regard to any financial benefit which has accrued or appears likely to accrue to the convicted person in consequence of the activity which constituted the offence.
(1)A person who, as at the date on which a temporary stop notice is first displayed in pursuance of section 144A(4), has an interest (whether as owner or occupier or otherwise) in the land to which the notice relates is entitled to be compensated by the planning authority in respect of any loss or damage directly attributable to the prohibition effected by that notice.
(2)But subsection (1) applies only if the circumstances are as set out in at least one of the following paragraphs—
(a)the activity which is specified in the notice is authorised by planning permission granted on or before the date mentioned in that subsection,
(b)a certificate in respect of the activity is issued under section 150 or granted under that section by virtue of section 154,
(c)the authority withdraws the notice other than following such grant of planning permission as is mentioned in paragraph (a).
(3)Subsections (3) to (7) of section 143 apply to compensation payable under this section as they apply to compensation payable under that section; and for the purpose of that application references in those subsections to a stop notice are to be taken to be references to a temporary stop notice.”.
(2)In section 269 of that Act (rights of entry)—
(a)after subsection (1) insert—
“(1A)Any person duly authorised in writing by the planning authority may, at any reasonable time, enter upon land for the purposes of section 144A(4).”, and
(b)in subsection (2), after the words “stop notice” insert “ , temporary stop notice ”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: