Although this Charter relates to the enforcement of planning legislation, it is important to note that planning enforcement also includes legal obligations (S75), listed buildings, tree preservation orders and advertisement regulations. Whilst the legal enforcement procedures may differ, the objectives remain the same; the control and regulation of development and cessation of unauthorised or undesirable development, as well as the remediation and reinstatement of land where necessary. It should also be noted that it is at the Council’s discretion whether it is expedient or appropriate to take enforcement action. Most breaches of planning control are not a criminal office, however, works to protected trees, the display of unauthorised adverts, or works to listed buildings or unauthorised works within a Conservation Area are potentially criminal offences and a more formal approach may be required.
For the purposes of this Charter, a breach of planning control is defined as:
- Development being carried out without the benefit of planning permission
- The carrying out of development or alterations to a Listed Building or within a Conservation Area without the required consents (which are criminal offences)
- A failure to comply with any condition, Section 75 obligation or limitation attached to any planning permission or related consent
- Unauthorised works to protected trees
- An unauthorised change of use
- Departure from approved plans or consent
- Unauthorised display of advertisements
Anyone can make a complaint if they are concerned that there has been a breach of planning control. The public play a vital role in reporting these breaches to the Council. Enquiries can be made by telephone to the relevant area office but must be followed up in writing or by e-mail.
DETAILS REQUIRED TO INVESTIGATE AN ALLEGED BREACH OF PLANNING CONTROL
- The name and address of the person who is suspected to have performed the breach of planning control
- The location of the site (a map showing the site would be useful)
- Details of the suspected breach with times, dates, etc.
- How long has the alleged breach taken place
- Explanation of the harm that the alleged breach is causing and how it affects you
- Your contact details, including if available, an e-mail address and phone details
- Whether or not you wish the enquiry to be treated as confidential
Information will be treated as confidential as far as the law allows, in accordance with the Freedom of Information (Scotland) Act 2002 (FOI) and the Environmental Information (Scotland) Regulations 2004 (EIR). Information will not be released where it is not in the public interest to do so or as a result of a ruling by the Scottish Information Commissioner or court of law. On occasions elected Members, MP’s or MSP’s may seek information on enforcement cases from Planning Enforcement Officers. When this happens, basic information will be supplied, such as whether or not a breach of planning control has been identified or whether any notices have been served. Additional information may be subject to release under the FOI or EIR after enforcement cases have been concluded.
Please note the Council will not investigate anonymous complaints unless the alleged breach is considered, by the relevant Area Team Leader, to be so serious to demand an immediate investigation. Complaints that do not fall under the jurisdiction of the Planning Authority such as neighbour disputes or civil matters cannot be investigated through the Council’s planning enforcement procedures.