Written Question · S2W-12248 · Session 2
What plans it has to introduce legislation to give local authorities more powers to force owners to maintain derelict commercial properties…
The question
To ask the Scottish Executive what plans it has to introduce legislation to give local authorities more powers to force owners to maintain derelict commercial properties to a decent standard.
The answer
We have no plans to introduce new legislation to give local authorities further powers in this area. Planning authorities already have the powers necessary to deal with land or buildings the condition of which is adversely affecting the amenity of their district.
Section 179 of the Town and Country Planning (Scotland) Act 1997 gives planning authorities the power to serve on any owner, lessee or occupier of any such land or buildings a notice requiring the person responsible for the land to take whatever steps are necessary to abate the adverse effect. Where the recipient of such a notice fails to comply with its requirements, the planning authority have powers under section 179 to take steps to rectify the situation to their satisfaction and recover from the person who is the owner or lessee any expenses reasonably incurred by them in doing so.
Part 3 of the Local Government in Scotland Act 2003 also created a new discretionary power which enables local authorities to do anything they consider is likely to promote or improve the well-being of their area and/or persons in it. This power is designed as an enabling measure, giving local authorities the freedom to work in a more innovative and creative way in responding to the needs of their communities.
Guidance on the use of the power was issued by Scottish Ministers in April 2004
- The Local Government in Scotland Act 2003: Power to Advance Well-Being Guidance. It may be found on the Executive’s internet site at the followingaddress www.scotland.gov.uk/library5/localgov/pawbg-00.asp.
Section 179 of the Town and Country Planning (Scotland) Act 1997 gives planning authorities the power to serve on any owner, lessee or occupier of any such land or buildings a notice requiring the person responsible for the land to take whatever steps are necessary to abate the adverse effect. Where the recipient of such a notice fails to comply with its requirements, the planning authority have powers under section 179 to take steps to rectify the situation to their satisfaction and recover from the person who is the owner or lessee any expenses reasonably incurred by them in doing so.
Part 3 of the Local Government in Scotland Act 2003 also created a new discretionary power which enables local authorities to do anything they consider is likely to promote or improve the well-being of their area and/or persons in it. This power is designed as an enabling measure, giving local authorities the freedom to work in a more innovative and creative way in responding to the needs of their communities.
Guidance on the use of the power was issued by Scottish Ministers in April 2004
- The Local Government in Scotland Act 2003: Power to Advance Well-Being Guidance. It may be found on the Executive’s internet site at the followingaddress www.scotland.gov.uk/library5/localgov/pawbg-00.asp.
In the Official Report
No contribution in the Official Report cites S2W-12248 by reference.