Planning enforcement
The majority of people work within the planning system and get
the necessary planning consents before starting work on any
development. However, we often get complaints about development
taking place without planning consent or contrary to a condition of
a planning consent. We will investigate these complaints where
appropriate we will start enforcement action to resolve the
problem.
Two important points
- It is not an offence to carry out development without planning
permission.
- It is however an offence:
- not to comply with enforcement type notices
- to carry out works (other than like-for-like repairs) to a
Listed Building without Listed Building Consent
- to carry out works to protected trees without the Council's
written consent
Recent changes to enforcement legislation will make the process
quicker and more effective through the introduction of temporary
stop notices and fixed penalty notices. In addition the Council can
now serve a notice requiring submission of an application for
retrospective planning permission i.e. when works have been carried
out without consent but where approval is likely to be given.
Failure to comply with the notice is an offence.
The Enforcement Charter
Under Section 27 of the Planning etc. (Scotland) Act 2006,
Councils must have a Planning Enforcement Charter to explain how
they will use these powers. The Charter which has been approved by
the Council is divided into three sections, reflecting the three
statutory requirements for an Enforcement Charter:
- Council Policy on taking Planning Enforcement Action, including
the Council's priorities and the service standards you can
expect.
- How members of the public can bring any breach of planning
control to the attention of the Council.
- How any complaint about the Council taking enforcement action
can be submitted and how it will be dealt with.
The separately available Annex to the Charter entitled "A
Summary of the Law on Planning Enforcement" explains in more detail
the law on enforcement and the options open to the Council. Copies
of the Charter and the Annex can be downloaded from this
webpage.
We will monitor the implementation of the Charter to ensure that
standards are being met and priorities are being addressed.
