Planning Enforcement Charter 2024

Other planning enforcement-related matters can be reported to us, through our Breach of Planning Control Report Form, so we can investigate whether a breach or offence has taken place. These include:

Listed Buildings and Conservation Areas

The enforcement rules that apply to Listed Buildings, demolitions and works in a Conservation Areas are set out in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and associated regulations. Unauthorised works can lead to a Listed Building Enforcement Notice being served and such unauthorised work can constitute a criminal offence, which could result in a £50,000 fine and/or a custodial sentence of up to 6 months. 

Advertisements

Different procedures again apply when compared to development. Adverts are regulated through the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. These controls relate to the form and siting of adverts only and we have the ability to serve Advertisement Enforcement Notices. The actual content of an advertisement is not covered by planning control and any complaints about this should be made to The Advertising Standards Authority, Mid City Place, 71 High Holborn, London, WC1V 6QT or by visiting www.asa.org.uk.

Trees

Under S171 of the Town and Country Planning (Scotland) Act 1997, it is an offence to carry out works to trees subject to statutory protection that results in their uprooting, felling, lopping or wilful destruction, without the prior consent of the planning authority.  Formal action can be taken against persons who have carried out unauthorised works to trees covered by a Tree Preservation Order (TPO) or a tree(s) being within a Conservation Area. Where protected trees have been removed or destroyed, this can see a Tree Replacement Notice served requiring new tree planting. In certain cases, offences are reported to the Procurator Fiscal and, if successful, can result in fines up to £20,000.

Trees - Other Controls

In addition to planning controls, you may need a Felling Permission from Scottish Forestry. Further guidance on this process, and details of works exempt from needing approval, can be found at https://forestry.gov.scot/support-regulations/felling-permissions.

High Hedges

The Council's enforcement powers include the ability to serve a High Hedge Notice under the High Hedges (Scotland) Act 2013. This allows a resident whose amenity is severely affected by a high hedge to formally apply to the Council to have a notice served on the 'hedge' owner to remove or reduce the adverse impact of the high hedge. The owner has the right to appeal any Notice, as does the applicant where a notice is not served. Non-compliance with a Notice can see Perth and Kinross Council undertake works directly. Further information on our approach and remit for High Hedges can be found on our website.

Note: High Hedges applications will be determined in accordance with their own statutory process and timescales, and, as such the Service Standards set out within this Charter do not apply.