Planning enforcement actions
If our investigation confirms there is a breach in planning control we will determine what action is appropriate for the specific case. This may include:
- determine if any action is in the public interest
- tell the relevant parties that they are in breach of planning control
- request the activity or development stops
- ask for a retrospective planning application or Certificate of Lawful Use - we would suspend enforcement action until the application is determined
- negotiate an improved or acceptable development solution
- consider taking formal enforcement action
We attempt to resolve breaches through negotiation. In cases where a breach is serious or must be brought under control or can't be resolved informally or with negotiation, we may take formal enforcement actions. This usually involves serving a legal notice under the Town and Country Planning (Scotland) Act 1997. One or several notices may be served on any one enforcement case depending on the nature, extent and severity of the unauthorised building works or activity.
All enforcement notices served by the council are available on the public access register.
Appeals against formal notices
Certain types of notices can be appealed by the person on whom the notice is served. When served, notices include information about how and when appeals can be made. Find out more about planning enforcement appeals.
Whilst an appeal is being considered, the enforcement action is put on hold.
We are committed to improving our performance, dealing promptly with any enquiries and we welcome any feedback, suggestions, concerns or difficulties about the service being communicated to us.
We will investigate any complaints made about the way an enforcement enquiry was dealt with through our corporate complaints procedure.