Falkirk Council has statutory powers to investigate breaches of planning control - from development which is carried out without the necessary planning permission to the failure of applicants to abide by the conditions attached to planning decisions. We can decide to take formal action where a satisfactory outcome cannot be achieved by negotiation. However, enforcement is a discretionary power. That means that, even where there is a breach of planning control, the Council has to consider if it is in the public interest to take enforcement action. The Council is not required to take any particular action on a specific breach of planning control, and indeed can decide that no action is necessary.
Whilst all complaints will be investigated, our priorities for enforcement will be linked to significant breaches of planning control including:
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Significant detrimental impact on matters of environmental importance, especially on sensitive or protected environments.
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Significant detrimental impact on residential amenity, particularly where a number of houses are affected.
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Significant detrimental effect on public visual amenity.
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Breaches of condition in respect of a major development or development where there is a significant level of community interest.
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Damage to Listed Buildings.
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Breaches of planning control within designated Conservation Areas, particularly where improvement schemes have been promoted by the Council.
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Unauthorised felling of trees and matters affecting trees protected by Tree Preservation Orders.
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Breaches of planning control which undermine a Council policy or programme.
Our preferred approach is to seek a resolution of the problem through negotiation. In deciding whether or not to proceed to formal action we will take account of the above priorities and of guidance provided by the Scottish Government in Circular 10/2009 'Planning Enforcement'.
The Circular explains among other matters, that Councils should not take Enforcement Action just to correct a breach of planning procedures if the development is otherwise acceptable in planning terms and that Councils should be sensitive to the impact of Enforcement Action on small businesses.
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 or complaint
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 an official complaint form (PDF, 342KB)| can be downloaded.
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.