INVESTIGATING BREACHES OF PLANNING CONTROL

All enforcement complaints received by the Council will be processed in accordance with the Argyll and Bute Council Customer Service Charter which can be viewed online at www.argyll-bute.gov.uk/council-and-government/argyll-and-bute-council-customer-service-charter

All enforcement complaints received by the Council will be processed in accordance with the Argyll and Bute Council Customer Service Charter which can be viewed online at www.argyll-bute.gov.uk/council-and-government/argyll-and-bute-council-customer-service-charter

A written complaint will be acknowledged within 3 working days. The case will then be passed to the relevant Planning Enforcement Officer who will undertake an investigation. This will normally require a site inspection and a determination as to whether or not there has been a breach of planning control. Where no breach of planning control has been established the complainant will be advised of the outcome and the case will be closed. Please note that the opening of a case does not necessarily mean that a breach has occurred.

One of the priority rating timescales, listed below, will be applied to each case. Owing to the geography of Argyll and Bute, including many remote settlements and islands, some site inspections may fall out with the priority timescale shown.

Each case is assessed so as they have a level of priority, these are outlined below:

Level 1 Priority – (site visit within 5 working days of acknowledgement of complaint)

  • Works being undertaken in contravention of the requirements of a formal notice
  • The unauthorised demolition or alterations of a listed building or the demolition of or alterations to a building within a Conservation Area
  • Unauthorised works to trees protected by a Tree Preservation Order or to trees in Conservation Areas
  • Unauthorised development that may lead to substantial and/or permanent damage to sites of international or national importance, for example Sites of Special Scientific Interest, National Scenic Areas or Special Protection Areas etc.
  • Unauthorised development or breach of condition that may present an immediate danger to members of the public i.e. road safety, health and safety or bad neighbour development, which has a significant detrimental impact on amenity (in the sole view of the Council)

 Level 2 Priority – (site visit within 10 working days of acknowledgement of complaint)

  • Unauthorised development, likely to cause harm to the landscape or residential amenity
  • Changes of use of land or buildings resulting in a potential adverse impact upon existing levels of amenity
  • General breaches of planning conditions

Level 3 Priority – (site visits within 15 working days of acknowledgement of complaint) 

  • Unauthorised householder developments with the potential for limited impact, i.e. garden sheds, replacement windows etc.
  • Unauthorised advertisements (unless they are likely to have an immediate adverse effect on road safety)
  • Untidy land
  • All other potential breaches of planning control
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