Part VI

Enforcement

Enforcement notices

Issue of enforcement notice.
127
1
The planning authority may issue a notice (in this Act referred Act as an “enforcement notice”) where it appears to them—
a
that there has been a breach of planning control, and
b
that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.
2
A copy of an enforcement notice shall be served—
a
on the owner and on the occupier of the land to which it relates, and
b
on any other person having an interest in the land, being an interest which, in the opinion of the authority, is materially affected by the notice.
3
The service of the notice shall take place—
a
not more than 28 days after its date of issue, and
b
not less than 28 days before the date specified in it as the date on which it is to take effect.
Ss. 123-149 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2