3 Control of development on Crown land.
1
This section applies to development of Crown land carried out otherwise than by or on behalf of the Crown at a time when no person is entitled to occupy it by virtue of a private interest.
2
Where it appears to . . . F2, a planning authority that development to which this section applies has taken place in their area they may, if they consider it expedient to do so having regard to the provisions of the development plan and to any other material considerations, issue a notice under this section (a “special enforcement notice”) and serve copies of it in accordance with subsection (6) below.
3
No special enforcement notice shall be issued except with the consent of the appropriate authority.
4
A special enforcement notice shall specify—
a
the matters alleged to constitute development to which this section applies; and
b
the steps which the authority issuing the notice require to be taken for restoring the land to its condition before the development took place or for discontinuing any use of the land which has been instituted by the development.
5
A special enforcement notice shall also specify the date on which it is to take effect and the period within which any such steps as are mentioned in subsection (4)(b) above are to be taken and may specify different periods for the taking of different steps.
6
A copy of a special enforcement notice shall be served, not later than twenty-eight days after the date of its issue and not later than twenty-eight days before the date specified in the notice as the date on which it is to take effect—
a
on the person who carried out the development alleged in the notice;
b
on any person who is occupying the land on the date on which the notice is issued; and
c
on the appropriate authority;
but paragraph (a) above shall not apply if the authority issuing the notice are unable after reasonable enquiry to identify or trace the person mentioned in that paragraph.
7
Any such person as is mentioned in subsection (6)(a) or (b) above (whether or not served with a copy of the special enforcement notice) may, at any time before the date specified in the notice as the date on which it is to take effect, appeal against the notice to the Secretary of State on the ground that the matters alleged in the notice have not taken place or do not constitute development to which this section applies.
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
9
The provisions contained in or having effect under subsections (2) to (5) of section 85 of the Act of 1972 (supplementary provisions relating to appeals against enforcement notices in Scotland) shall apply to special enforcement notices issued by planning authorities and to appeals against such notices under subsection (7) above as they apply to enforcement notices and to appeals under that section; and the Secretary of State may by regulations apply to such special enforcement notices and appeals under that subsection such other provisions of that Act (with such modifications as he thinks fit) as he thinks necessary or expedient.