FOI Request - Town and Country Planning (Scotland) Act 1997

We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under sections 33A, 136A, 144A of Town & Country Planning (Scotland) Act 1997  {as amended} and sections 71, 127, 136, 140, 145, 168, 179, 186, 189, 190, 194 of Town & Country Planning (Scotland) Act 1997 for all Notices/Orders that:

(1) Have been Served,

(2) remain extant, (That is to say have been served but are not considered Complied with)

(3) Have been Complied with (Where there are no works left to be carried out)

(4) Have been Complied with but have invoices pending in respect of works carried out by or on behalf of your council,

During the dates 1st January 2022 to the 18th July 2022 which information would form part of any PEC issued by the Council were one to be issued.

We would draw the Council’s attention to the Scottish Information Commissioner’s “Guidance on validity of requests” and in particular the guidance for public authorities contained in paragraph 3.

We would also draw your attention to the provisions of Section 1 of the Act and to the Regulations.

Pursuant to Section 11 of the Act, we would prefer the information in electronic form, failing which in hard copy.

In so far as any of the requested information contains personal data, the disclosure of which is exempted under Section 38 of the Act, we request that the information be provided with the personal data redacted.

If there is no information falling within the scope of this Information request, please advise us accordingly.

Response 15-08-2022

Section 33A -  NIL - information not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

Section 136A – NIL. Not held.

Section 144A – NIL. Not held.

Section 71 - NIL. Not held..

Section 127 -                i) 20/00038/ENF - Kinloss Chinese Takeaway, Abbey Inn, Kinloss, Moray -  Enforcement Notice issued on 18.01.2022 for unauthorised siting of Caravan.
                                          Not complied with consideration being given to Direct Action.

                                      ii) 19/00069/ENF - siite at Burniestrype, Garmouth Rd., Garmouth, Moray – Enforcement Notice issued 01.02.2022 for unauthorised storage area. Notice fully complied with.

                                    iii) 21/00164/ENF – 3, The Hythe, Findochty, Moray – Enforcement Notice issued for unauthorised installation of UPVC windows in Conservation Area – Notice in process of being appealed.

                                    iv) 21/00246/ENF – Site at Sweethillock, Dufus, Moray – Enforcement Notice for unauthorised siting of 3 caravans for residential use. Notice currently being appealed.

Section  136 - NIL. Not held.

Section 140 - NIL. Not held.

Section 145 - NIL. Not held.

Section 168 – NIL. Not held.

Section 179 - NIL. Not held.

Section 186 - NIL. Not held.

Section 189 - NIL. Not held.

Section 190 - NIL. Not held.

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