Enforcement Powers

Information on when enforcement actions will be taken is available on the Planning Enforcement page. Once it had been decided that enforcement action should be taken, there are various Notices that the Council can issue, these are listed below.

Planning Contravention Notice

  • Enables the Local Planning Authority to obtain information about a suspected breach of planning control.
  • It is an offence to ignore it and there can be a maximum penalty of £1000 on conviction.

Breach of Condition of Notice

  • Is served where a condition on a planning permission is not being complied with.
  • Requires compliance with the condition within a specified timescale.
  • Is not appeal-able and is therefore quicker than an enforcement notice.
  • It is an offence not to comply with a maximum penalty of £1000.

Enforcement Notice

  • Can be served where development is being carried out without planning permission or where a condition is not being complied with.
  • Requires resolution of the breach of planning control within a specified timescale.
  • The recipient has a right of appeal to the Scottish Ministers.
  • It is an offence not to comply with a maximum penalty of £20,000.
  • Direct action powers are also available to Council in the event of continued non compliance with the works being charged to the recipient of the notice.

Fixed Penalty Notice

  • Can be issued for failure to comply with planning enforcement notices and failure to comply with breach of condition notices.
  • The Regulations fix the amount of the fines as £2,000 and £300 respectively.

Notice Requiring a Retrospective Planning Application

  • The Council may serve a notice requiring a retrospective planning application to be made in respect of unauthorised development.
  • Such a notice represents formal enforcement action, so the time bar on enforcement action does not come into effect while authorities are determining a retrospective application.
  • Failure to comply with the notice can result in further enforcement action being taken.

Temporary Stop Notice

  • Are valid for up to 28 days.
  • Can be effective from the day they are served without the need for an enforcement notice.
  • There is no appeal against a temporary stop notice and compensations provisions are limited.  
    Stop Notice
  • Is used where unauthorised activities require to be stopped for more than 28 days to safeguard amenity or public safety in the neighbourhood or to prevent serious or irreversible harm to the environment.
  • Always served with an enforcement notice.
  • Requires activities to cease within a minimum period of usually three days not appeal-able.
  • It is an offence not to comply with a maximum penalty of £20,000.
  • Carries compensation implications.

Listed Building Enforcement Notice

  • Is similar to enforcement notice but used where works have been carried out to a listed building without the benefit of Listed Building Consent or in contravention of a condition of such a consent.

Interdict

  • Is an Order of the High Court or the Sheriff Court which can be used to restrain an actual or apprehended breach of planning or Listed Building Control.
  • Is used where nothing short of an interdict would be effective to restrain breaches.
  • Has compensation implications.

Penalties for Other Offences

  • Cutting down, uprooting or wilfully destroying a protected tree £20,000.
  • Other works to protected trees £2,500.
  • Unauthorised works to Listed Buildings £20,000.
  • Display of an advertisement in contravention of Advertisement Regulations £1,000 with a further fine of £1,000 a day for continuation of the offence.

Contact details

Planning Enforcement

Pullar House, 35 Kinnoull Street, Perth, PH1 5GD
Tel 01738 475300