Circular 4/1999
ANNEX I
LAND ADVERSELY AFFECTING AMENITY OF NEIGHBOURHOOD
Section 179 of the 1997 Act provides planning authorities with the power to serve a notice on the owner, lessee or occupier of land in their area, the condition of which they consider to be adversely affecting the amenity of the area. Such notices may require specified steps to be taken for the abatement of the injury to the amenity. The service of a notice is effected by the service of a copy of the notice; a notice will take effect from a date specified in the notice, being not less than 28 days after the latest service; and the planning authority may withdraw a notice at any time before it takes effect (without prejudice to their power to serve another notice) by serving notice of the withdrawal on every recipient of the original notice.
However, although the service of a notice does not constitute "taking enforcement action", the revised appeal procedures set out in Regulations 5 & 6 of the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992 also apply to appeals against these notices. In particular, this means that an appellant must observe the time limit for submitting the appeal statement. Regulation 7 also applies the requirements for registration of these notices under Section 181.