The majority of people adhere to the requirements of the statutory planning system and get the necessary planning permissions before starting work on any development. However, we do get complaints about some developments taking place without permission or contrary to a condition on a Decision Notice. We will investigate these complaints and, where appropriate, we will start enforcement action to resolve the problem. We would advise, however, that the decision to take any enforcement action is discretionary and the Council may determine that such action is not expedient in the public interest.
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
If you are aware of any unauthorised development taking place, you can report it to the enforcement team using our Report a Breach of Planning Control Form [240Kb], email to PlanningEnforcement@pkc.gov.uk or by telephone on 01738 475300. When corresponding with us by email please ensure that you add our email address to your email contacts to ensure you receive our subsequent communications.
The Enforcement Charter
Under Section 27 of the Planning etc (Scotland) Act 2006, Councils must have a Planning Enforcement Charter [4Mb] to explain how they will use these powers. The Charter, which was revised in October 2016, includes:
- 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.
Frequently Asked Questions
For a summary of the planning enforcement process and associated legislative powers, please refer to our guidance note entitled Planning Enforcement Frequently Asked Questions [352Kb].