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Technical Notes 2025, Issue 159 - Planning Enforcement

  • Report by:

    Ann Davie, Chief Executive

  • TN Number:

    159-25

  • Subject:

    Planning Enforcement

  • Responsible Officer:

    Heather Holland, Chief Planning Officer, Executive Officer - Land Planning & Development

  • Publication:

    This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared out with the Council.

  • The purpose of this Technical Note is to provide Elected Members with notification of the Planning Service’s reduced planning enforcement levels
  • As advised at the recent PNCA Committee, based on current resourcing pressures, the Planning Service are currently prioritising statutory work. The service is experiencing resource challenges with the current operational absence rate which is exasperated due to the small team size which is reflective and commensurate with the local authority size itself
  • Although Local councils have statutory powers to investigate and act against planning breaches, these powers are discretionary. A breach of planning control is not a criminal offence
  • Work included in this category include:
    • Development works being carried out without the required planning permission or other consent
    • Unauthorised changes of the use of buildings and land
    • Failure to comply with approved plans or conditions attached to planning permission or other consent
    • Dealing with cases of neglect of land or buildings which are considered to have a detrimental effect on the amenity
    • The display of advertisements such as billboards and signs without the benefit of advertisement consent.
  • Resources will be reallocated from statutory work only where capacity allows however it is recognised that there will be an accumulation of cases in this period until absence rates return to normal and the backlog can be addressed
  • Individuals reporting breaches will be notified of the expected delays which will be beyond those set out in the current Planning Enforcement Charter.