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Town and Country Planning (Scotland) Act 1997
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Changes over time for: Section 138
Version Superseded: 20/12/2019
Alternative versions:
- 27/05/1997- Amendment
- 07/01/2003- Amendment
- 01/06/2015- Amendment
- 11/04/2017
Point in time - 20/12/2019- Amendment
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Town and Country Planning (Scotland) Act 1997, Section 138 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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138 Enforcement notice to have effect against subsequent development.S
(1)Compliance with an enforcement notice, whether in respect of—
(a)the removal or alteration of any building or works,
(b)the discontinuance of any use of land, or
(c)any other requirements contained in the notice,
shall not discharge the notice.
(2)Without prejudice to subsection (1), any provision of an enforcement notice requiring a use of land to be discontinued shall operate as a requirement that it shall be discontinued permanently, to the extent that it is in contravention of Part III; and accordingly the resumption of that use at any time after it has been discontinued in compliance with the enforcement notice shall to that extent be in contravention of the enforcement notice.
(3)Without prejudice to subsection (1), if any development is carried out on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice, the notice shall, notwithstanding that its terms are not apt for the purpose, be deemed to apply in relation to the buildings or works as reinstated or restored as it applied in relation to the buildings or works before they were removed or altered.
(4)A person who, without the grant of planning permission in that behalf, carries out any development on land by way of reinstating or restoring buildings or works which have been removed or altered in compliance with an enforcement notice shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Modifications etc. (not altering text)
C1S. 138: power to modify conferred (27.5.1997) by 1997 c. 10, ss. 23(1)(c), 31 (with ss. 9(3), 10(5), 38(6))
C2Ss. 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)
C3S. 138 modified (1.6.2015) by The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 (S.S.I. 2015/181), regs. 1, 52
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