FOI Request - Town and Country Planning (Scotland) Act 1997 & Planning etc. (Scotland) Act 2006

Request 101001173657

1)    Town and Country Planning (Scotland) Act 1997 - Sections: 33a, 127, 140, 145, 168, 179, 189 & 190
2)    Planning etc. (Scotland) Act 2006 - Sections: 25 & 26

We would be obliged if you can provide us with the following details in regards to notices/Orders that have been made by Moray Council under the legislation listed above:

a) Notices or Orders that remain extant as at 22nd April 2016

b) Notices or Orders that have been complied with and have monies owed to Moray Council as at 22nd April 2016

c) Notices or Orders that have invoices pending in respect of works carried out by or on behalf of Moray Council to resolve the matter as at 22nd April 2016

If it is not possible for the details of outstanding monies to be confirmed we would be obliged if you can provide us with the following details:

• all notices served or orders made by Moray Council to 22nd April 2016 under the legislation listed above

When answering in the negative to any of the above, we would be obliged if you would confirm that you are doing so.

Wherever possible we would be grateful if the information could be prepared to include the following:

  1. reference numbers.
  2. addresses of the subjects the actions are served over.
  3. summary descriptions of the nature of the works/contravention.
  4. relevant dates.
  5. status of the action.
  6. amounts owed to the council (when available).

Response 18-05-2016

1.

Section 33a

a) 3

i) 10/00113/ENF
ii)  Seafield St., Cullen
iii) Large industrial flue erected without consent.
iv) Section 33A issued on 29/01/ 2014 requiring submission of application by 01.08.2014
v) Although no application submitted flue painted a recessive colour as required.
vi)  NIL

i) 14/00032/ENF
ii)  Longmorn, Elgin
iii) Wall and gate erected over 1m in height without planning permission.
iv) Section 33A issued on the 15 /03/2015 requiring submission of application by 01/07/2015
v) Application not submitted.
vi) NIL

i) 13/00168/ENF
ii) Inverugie Rd., Hopeman
iii) Unauthorised storage of building materials.
iv) Section 33A issued 03/03/2015 requiring submission of application by 01/06/2015
v) Application not submitted
vi) NIL

b)  NIL

c) NIL

Section 127

a)  1

i) 15/00157/ENF
ii) Clerkseat, Grange, Keith 

iii) Breach of Conditions relating to formation of access.
iv) Enforcement notice issued on 17th September 2015

v) Enforcement Notice complied with within required time but a further recent breach may  require further action.
vi) NIL

b) NIL

c) NIL 

Section 140

a) NIL

b) NIL

c) NIL

Section 145  

a) NIL

b) NIL

c) NIL

Section 168

a) NIL

b) NIL

c) NIL

Section 179

a) 2

i) 11/00121/ENF
ii) Oldmills Rd., Elgin
iii) Untidy condition of land having adverse effect on the amenity of the neighbourhood.
iv) S.179 Notice issued on the 22/10/2012
v) Direct Action taken to get compliance on the 08/06/2013
vi) Less than £5000

i) 13/00062/ENF
ii). Cooper St., Hopeman, Moray IV30 5SD
iii) Untidy condition of garden area having an adverse effect on the amenity of the neighbourhood.
iv) S.179 Amenity Notice issued on the 05/02/2014
v) Direct Action taken on the 25/11/2014 in order to achieve compliance with the S.179 Notice.
vi) Less than £5000

b) 2

c)  2

Section 189

a) NIL

b) NIL

c) NIL

Section 190

a) NIL

b) NIL

c) NIL

2.

Section 25

a) NIL

b) NIL

c) NIL

Section 26

a) NIL

b) NIL

c) NIL

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