Planning Enforcement Charter 2024

Perth and Kinross Council's approach to planning enforcement is not to punish but to come to a conclusion on how to progress, wherever possible, using negotiation in the first instance. If it is considered that the issue must be addressed, planning permission is required, and that it is not proportionate to advise the property owner that they should seek that permission or they do not exercise the right to make an application, then formal action may be taken. As a discretionary power, however, the Council needs to consider in each case if enforcement action is justified and whether or not to take action. It is important to clarify that the Council is not required to take any particular action and may decide, in some cases, that not acting is justified and proportionate. The Council will however make decisions which:

• accord with the Council's corporate priorities
• reflect Development Plan policy objectives
• reflect Scottish Government guidance
• recognise the Cost-of-Living Crisis

We will produce a Closing Report at the end of investigations explaining our decision reasoning.

Scottish Government guidance on the use of enforcement powers is provided in Circular 10/2009 'Planning Enforcement'. This guidance explains, among other matters, that Councils should not take enforcement action just to address a breach of planning control if the development is otherwise acceptable in planning terms and is sensitive to the impact of enforcement action on small businesses. The primary aim for seeking retrospective planning consent is normally to secure ongoing controls through the imposition of planning conditions.

Our planning enforcement team undertake focused monitoring, particularly of major or significant developments to ensure compliance with conditions and legal agreements associated with planning permissions.

When a monitoring record is opened, or when a justified complaint about a breach of planning control is received, these will appear online on our Public Access system. This allows the public and interested parties to review basic information and any significant updates. However, the online case will never disclose who the complainant is.

Ultimately, we seek to ensure that effective action is taken against breaches of planning control, particularly where these have significant adverse impacts on the environment or on communities. We also seek to update relevant parties in a timeous manner. Accordingly, we set out our Priorities for Planning Enforcement overleaf.