§ 60 After Clause 29, insert the following new clause:
§ 'After section 260 of the 1972 Act there is inserted —
§ "Interdicts restraining breaches of planning control
§ 260A.—(1) Whether or not they have exercised or propose to exercise any of their other powers under this Act, a planning authority may seek to restrain or prevent any actual or apprehended breach of any of the controls provided for by or under this Act by means of an application for interdict.
§ (2) On an application under subsection (1) of this section the court may grant such interdict as it thinks appropriate for the purpose of restraining or preventing the breach.
§ (3) In this section "the court" means the Court of Session or the sheriff.".'.
§ Lord Fraser of CarmyllieMy Lords, I beg to move that this House do agree with the Commons in their Amendment No. 60. Also covered in this grouping are Amendments Nos. 68, 70, 76 to 83, 85, 88, 94, 95, 97, 99, 180, 189, 190, 193, 196, 199 to 206, 208 to 210, 213, 217 to 221, 223, 224, 226, 227, 231, 237 to 239, 241, 245, 282 and 287.
Amendment No. 60 introduces a power to allow planning authorities to seek interdict in cases where a breach of planning control has taken place or is expected to take place. The provision provides a Scottish equivalent to Clause 3 of the Bill, which 819 provides for planning injunctions in England and Wales and which your Lordships have already approved.
The other amendments in this large group make various minor technical and drafting amendments to the Scottish clauses of the Bill. I propose that they be agreed to en bloc, although I shall of course be happy to explain any particular amendment if so required.
§ Moved, That the House do agree with the Commons in their Amendment No. 60.—(Lord Fraser of Carmyllie.)
§ On Question, Motion agreed to.