Part VII

Special Controls
Chapter II

Land Adversely Affecting Amenity of Neighbourhood

Land adversely affecting other land

Notice requiring proper maintenance of land.
179
1
If it appears to a planning authority that the amenity of any part of their district, or an adjoining district, is adversely affected by the condition of any land in their district they may serve on the owner, lessee and occupier of the land a notice under this section requiring such steps for abating the adverse effect as may be specified in the notice to be taken within such period as may be so specified.
2
Service under subsection (1) shall be effected by the service of a copy of the notice.
3
Subject to section 180, a notice under this section shall take effect on such date as may be specified in the notice, being a date not less than 28 days after the latest service thereof under subsection (1).
4
The planning authority may withdraw a notice under this section (without prejudice to their power to serve another) at any time before it takes effect; and if they so withdraw it, they shall forthwith give notice of the withdrawal to every person on whom the notice was served.
5
No notice may be served under subsection (1) with reference to any building which is—
a
a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments, or
b
a building for the time being included in a list of monuments published by the Secretary of State under any such enactment.
6
The provisions of section 135 shall, subject to any necessary modifications, apply in respect of a notice under this section as they apply in respect of an enforcement notice under section 127.
Pt. VII 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)