[Appeal against the notice dated 17 August 2007, served  by the Moray Council under section 179 of the Town and Country Planning (Scotland) Act 1997 : site address: the Old Mills, Old Mills Road, Elgin, IV30 1YH] : [letter] /
Scotland.Directorate for Planning and Environmental Appeals.
Falkirk : DIrectorate for Planning and Environmental Appeals,
2008.
The grounds of appeal under section 180(1) of the Act are; (a) that neither the amenity of any part of the planning authority's district nor that of any adjoining district has been adversely affected; (b) that the steps required by the notice to be taken exceed what is necessary to remedy any such adverse effect; (c) that the specified period for compliance with notice falls short of what should be reasonably be allowed, and; (d) that the condition of the land is attributable to, and such as resuts in the ordinary course of events from, a continuing lawful use of the land or from continuing lawful operations carried out theron.
These grounds related initially to an enforcement notice appeal under section 130 of the Act. The reasoning below has directed the language used to the relevant grounds under section 180(1). The appellant has been given almost 3 weeks to comment on this adjustment, and has instead responded in an undated letter, posted on 11 February 2007, offering new submissions about individual items covered by the amenity notice.
Date of appeal decision: 13 February 2008.
City planning