Planning Enforcement Charter
- 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
Our service standards
Our service standards tell you what level of service you can expect from us. They define what you can expect from us and how we will deliver that.
Service Standard 1
We will review this charter every two years to make sure it remains relevant and effective.
Service Standard 2
If you report work without permission, we will send you an acknowledgement within five working days. The acknowledgement will include a reference number and contact details. If preliminary checking of a complaint indicates that there is no breach of planning control, we will advise you and no further action will be taken.
Service Standard 3
If you report work without permission, you will get a formal response within six weeks to advise of our decision on the case, or to advise that further investigation is needed before we decide.
We will give priority to significant breaches of planning control. These include:
- Significant and irreversible unauthorised works to a Listed Building or Scheduled Ancient Monument
- Significant and irreversible unauthorised land engineering or waste tipping
- Unauthorised felling of a tree covered by a Tree Preservation Order
- Unauthorised demolition of a building in a Conservation area
- Non-compliance with site investigation requirements
Service Standard 4
Where a planning breach cannot be resolved and action is justified, a formal notice may be served. We will write to the recipient of the notice to explain what is required, the timescales involved and the available options to resolve the issue.
Service Standard 5
Where the terms of any enforcement notice are not complied with, every effort will be made to resolve the case. Options for further action will vary depending upon the nature of the case, but include:
- in the case of an enforcement notice, direct action by the council
- for either an enforcement notice or a breach of condition notice, the matter being referred to the Procurator Fiscal for possible prosecution or alternatively offering the opportunity to pay a fixed penalty (issue of a fixed penalty notice
Service Standard 6
We will respond to formal complaints within the time frames set out in the council's formal complaint procedure. The council will monitor all complaints and suggestions made and use them to review and improve the service provided.