The enforcement of planning regulations helps to protect you and our environment by making sure that developments have the necessary planning permissions and accord with any conditions which have been imposed. The Council is responsible for this enforcement, and will investigate any alleged breaches of planning control.
Where someone considers that a possible breach of planning control has taken place they should contact the Development Management Unit using the contact details shown.
Making an enquiry
Enquiries can be made by telephone or in person, but should also be confirmed in writing. Where a breach of planning control is established, a written complaint can be a valuable source of evidence where the matter is pursued. Written complaints can be in the form of a letter, but official complaint forms can be obtained from the downloads page|.
Often the person making the enquiry or complaint will wish to have it treated as confidential. This should be made clear at the outset. While enquiries can be treated in this manner, the success of any subsequent enforcement action may be limited if they can not be used as evidence where an appeal is made to the Scottish Ministers or a prosecution sought through the Courts.
Anonymous enquiries or complaints will not
normally be acted upon.
Investigating and reporting on the enquiry
Once an enquiry has been investigated, the Council will determine what action, if any, should be taken. The power to take formal enforcement action is entirely at the discretion of the Council, however, the type of action taken must be commensurate with the nature of the breach.
If the Council does not take suitable action, it can be reported to the Commissioner for Local Administration in Scotland (Ombudsman).
Notices of Initiation and Completion of Development
Another new requirement of the 2006 Act, these are required for all proposals receiving planning permission under the Development Management Regulations. This is in order that Councils are aware that development is underway and in due course completed as an aid to effective enforcement of conditions.
Templates for use by applicants will be issued with all planning approvals, and these will be made available online.
Fixed penalty Notices
The 2006 Act introduced fixed penalty notices for failure to comply with 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. The Scottish Government intends shortly to issue a replacement for Circular 4/1999 "Planning Enforcement" providing a comprehensive guide to all enforcement matters including all the new statutory provisions. We will provide a link on our website when this Circular is available.
Notwithstanding the provisions contained in the 2006 Act, a person found guilty of an offence under the 1997 Act is liable, on summary conviction, to a fine not exceeding £20,000, or on conviction on indictment to an unlimited fine.
In determining the amount of any fine, the Court is to have regard to any financial benefit which has accrued or appears likely to accrue in consequence of the offence.