Whether the provisions of the Environmental Protection Act 1990 relating to "public nuisances" empower local authorities to compel a landow…

Answered Asked by Stewart Stevenson SNP Lodged 21 Sep 2001

The question

To ask the Scottish Executive whether the provisions of the Environmental Protection Act 1990 relating to "public nuisances" empower local authorities to compel a landowner to clear landslip debris blocking a public right of way.

The answer

Answered by Rhona Brankin on 5 Oct 2001 · 14 days after it was lodged, on time

It may be possible for local authorities to use provisions of the Environmental Protection Act 1990 to compel a landowner to clear landslip debris blocking a public right of way in certain circumstances using powers under section 79(1)(a) and (e) of the Act. The precise application of the provisions in any particular case would ultimately be a matter for the courts to decide.

In the Official Report

No contribution in the Official Report cites S1W-18428 by reference.