The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009

Amendment of the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992

3.—(1) Subject to paragraph (6), the 1992 Regulations are amended in accordance with paragraphs (2) to (5).

(2) In regulation 5 (statement by appellant)–

(a) for “sections 63A(2), 85(2) or” substitute “section”; and

(b) omit “a waste land notice, an enforcement notice,”.

(3) In regulation 6(1) (statement by planning authority) omit–

(a) “a waste land notice, an enforcement notice,”; and

(b) sub paragraph (b).

(4) In regulation 7 (register of wasteland notices, enforcement notices, breach of condition notices and stop notices)–

(a) in paragraph (1)–

(i) after “breach of condition notice” where those words first occur insert “, notice under section 33A of the Act, temporary stop notice”; and

(ii) after sub-paragraph (m) insert–

“(n) in the case of a temporary stop notice, a statement or summary of the activity prohibited by the notice and the date on which the temporary stop notice is to cease to have effect;

(o) in the case of a notice under section 33A, the date specified in the notice by which an application for planning permission for the development to which the notice relates is to be made;”; and

(b) in paragraph (2)–

(i) omit “and” following sub-paragraph (b); and

(ii) at the end of sub-paragraph (c) insert–

“; and

(d) in the case of a temporary stop notice, when the notice is withdrawn.”.

(5) In regulation 8 (application of regulations)–

(a) omit “, to appeals made against such notices”; and

(b) in paragraph (d) in the text of regulation 6 as substituted omit “an enforcement notice”.

(6) Regulations 5, 6 and 8 of the 1992 Regulations shall continue to have effect in relation to an appeal in respect of which notice is given to the Scottish Ministers under section 130(2) or 180(2) before 3rd August 2009 as they had effect immediately before that date.