Kevin Edwards, Kathleen Edwards, The Owner, The Occupier
Breach of activities
Without planning permission, the erection of a close boarded timber fence upon an existing low stone wall to the front (south-east) and side (south-west) of the property between the house and the road as shown dotted on the attached plan.
Requirements
The alteration constitutes development as defind under Section 26 of the Town and Country Planning (Scotland) Act 1997 (as amended). Further, as a result of the development exceeding the criterion set out in Part 1, Class 3E of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), it does not constitute permitted development. An application for planning permission is therefore required for the works. The planning authority has no record of planning permission being granted for this development and therefore, a breach of planning control has occurred. The authority in order to assess the acceptability of the fence and its impact on residential amenity finds it is expedient to issue notice under Section 33A of the Town and Country Planning (Scotland) Act 1997 (as amended). The Council considers it expedient that the recipients of this Notice, being the landowner/person responsible for the specified development, submit a planning application in respect of the development. Notice is therefore hereby given that the Council in exercise of their power in section 33A of the Town and Country Planning (Scotland) Act 1997 (as amended) formally require the submission of an application for planning permission under Section 33 of the Act.
