Enforcement

Typically, enforcement action can be taken by a planning authority because development has been carried out without planning permission or in contravention of a condition or limitation attached to the grant of planning permission.

Whether enforcement action is taken is for the discretion of the planning authority.  Several options are then open to the planning authority including issuing an enforcement notice, serving a stop notice and applying to the court for an interdict.

There are time limits for enforcement so that not all breaches are enforceable where the period for enforcement has expired.

The new Planning Act has introduced new enforcement procedures.  Each planning authority has to publish an enforcement charter which sets out its approach to enforcement action.  Planning authorities can now issues notices requiring the submission of retrospective planning applications, where they consider that the breach could be rectified by the grant of planning permission.  Power has also been given to planning authorities to issue temporary stop notices as well as fixed penalty notices.

Enforcement action can have serious consequences for the person against whom it is taken.  We have experience of challenging enforcement action, as well as advising local planning authorities on how to comply with the regulations to ensure that they action that they take will be successful.

The Scottish Government has issued a circular on Planning Enforcement which offers helpful guidance on the procedures involved.