Planning Enforcement Charter
Contents
- Introduction
- Enforcement Powers
- Planning Enforcement and Advertising
- What is a breach of planning control?
- What is not a breach of planning control?
- Time limits
- How to report a breach of planning control
- Anonymous enquiries and confidentiality
- Breaches that are high impact and low impact in planning terms
- Investigating a possible breach of planning control
- Acting on breaches of planning control
- Our service standards
- Making a suggestion or complaint about planning enforcement
Investigating a possible breach of planning control
An investigation begins with the case officer checking the historical information and assessing the site. The length of time taken to fully investigate a breach of planning will vary from case to case. It is not always possible to anticipate how a particular case will develop, nor how long it will take to investigate.
The length of time required to resolve a case or take action can be affected by a number of factors and can take anything from a few days to a few months. Progress can depend on the need to gather further evidence, to allow negotiations to take place or for formal procedures to be concluded. Similarly, an application to regularise the breach of control or an appeal against a decision of the planning authority can also influence the time taken and not every complaint will lead to formal action.
We recognise that delays can be a source of considerable frustration to those submitting information, particularly if they consider their amenity is affected. We will acknowledge receipt of a complaint and provide an update to interested parties within six weeks from receipt of the complaint and again at key stages as the case moves forward.
Priority for investigating complaints is based on matters such as the level of impact in planning terms of the breach, and the significance of the site.
North Lanarkshire Council has the legal power to enter land to:
- Establish if there has been a breach of planning control.
- Check if there has been compliance with a formal notice.
- Check if a breach has been satisfactorily resolved.
This power applies to any land and may involve officials entering land adjacent to the site of the breach.