Planning Enforcement Charter 2024

Informal Action and Discretion

It should be noted that, even though planning controls have not been followed, in some cases formal action may not be appropriate.  Furthermore, most breaches of planning control are resolved informally. The Council is obliged to use its discretion when considering action and be proportionate with formal powers. Each case must be considered on its own merits and the best solution in the circumstances must be decided. Only a relatively small number of cases require formal enforcement action, where we will serve a notice. 

Formal Action

If we are unable to resolve a breach through informal measures, or through a planning application, where justified we may take formal enforcement action and serve a notice. This will normally be either an Enforcement Notice or a Breach of Condition Notice. In some cases, a Stop Notice or a Temporary Stop Notice may be appropriate. Notices will clearly explain what is required, the timescales involved and the available options to resolve the issue. Any notices served will be available for viewing online on our Public Access system.

It should also be noted that an enforcement notice will be legally associated with the building or land to which it relates until its provisions have been fully discharged. This will be highlighted in any Property Enquiry Certificate issued when a property is being sold.

The type of notices we can serve and when they can be served is fully explained in the Scottish Government's Circular 10/2009. In summary, the Council's powers include the ability to issue a Temporary Stop Notice to stop development. These Notices are valid for up to 28 days and are effective from the time they are served, without requiring that an Enforcement Notice be served first. This allows the Council 28 days to consider the situation before a formal Enforcement Notice and Stop Notice, if necessary, require to be served. 

In most cases where a breach merits formal action, an Enforcement Notice, or other such as a Listed Building Enforcement Notice, Breach of Condition Notice or Amenity Notice is served on those involved in the development or who own or have an interest in the property. These notices include the following information:

• a description of the breach of control that has taken place
• the steps that should be taken to remedy the breach
• the timescale for taking these steps
• the consequences of failure to comply with the notice
• where appropriate, any rights of appeal the recipient has and how to lodge an appeal

An Enforcement Notice can be accompanied by a Stop Notice if it is considered justified to prevent, for example, further work being carried out which is likely to have a significant detrimental impact on matters such as environmental quality.

Where a Notice is not complied with, there may be further consequences and the Council will usually take further formal steps, which can include:

• the issue of a fixed penalty notice
• seeking interdicts or referral of the case to the Procurator Fiscal for prosecution
• direct action by the Council, to undertake the remedies specified in a notice, which will include seeking recovery of our costs

In taking such action, the Council will consider the most effective means of ensuring compliance with the notice(s). The authority to proceed with taking formal action or legal proceedings has been delegated to the Head of Planning and Development. 

Service Standard - 6
We will, where it is considered expedient to do so, aim to serve any enforcement notice within 3 months from the date of the original observation and we will advise you when this is done.