Enforcement

 

Planning permission is required for most development that takes place in Scotland, with the exception of some minor works.  Sometimes, however, developers or householders undertake work without planning permission or fail to keep to the permission they have been given.

 

Councils have powers to enforce planning controls in such cases, if they consider it is in the public interest to do so.  Councils can monitor developments to ensure planning controls are being followed but there is also a role for the public in alerting the Council to any problems they become aware of.

 

A breach of planning control is not a criminal offence unless a listed building or an advertisement requiring express consent is involved.  The primary purpose of planning enforcement is to resolve the problem rather than to punish the mistake.  In addition, any action taken has to be appropriate to the scale of the breach.

 

The Council has statutory powers to investigate breaches of planning control and the conditions attached to planning permissions and to take formal action where a satisfactory outcome cannot be achieved by negotiations.  Enforcement, however, is a discretionary power.  That means, even where there is a breach of planning control, the Council has to consider if it is in the public interest to take enforcement action.  The Council is not required to take any particular action on a specific breach of planning control, and indeed can decide that no action is necessary.

 

More information on the use of enforcement powers can be found on the Scottish Government website, in the following publications: Scottish Planning Policy 1, Circular 4/1999 and Planning Advice Note 54 (PAN54  Planning Enforcement)

 

Planning enforcement also covers the display of advertisements such as billboards and advertisement hoardings, although slightly different procedures apply.  The actual content of an advertisement is not covered by planning control.  Any complaints about this should be made to the Advertising Standards Authority.

 

Alleged breaches of planning control can include:

 

  • work being carried out without planning permission or consent;
  • an unauthorised change of use;
  • failure to comply with conditions attached to a permission or consent;
  • departures from approved plans.

 

 

Members of the public have a vital role in reporting breaches of planning control.  Any concerns should be raised with the Council.  You can make preliminary enquiries by telephone to 0141 287 6044 or in person at Development and Regeneration Services (DRS), 229 George Street, G1 1QU but these must be followed up in writing or by email to enforcementcomplaints@drs.glasgow.gov.uk

 

You should provide the following information, when reporting a suspected breach of planning control:

 

  • the address of the property concerned;
  • details of the suspected breach of planning control;
  • your name, telephone number and address;
  • an e-mail address if available, or if the complaint is submitted electronically;
  • information on how the breach affects you.

 

Details of Enforcement Notices, Breach of Condition Notices and Stop Notices are entered into an Enforcement Register.  You can inspect these documents at the offices of Development and Regeneration Services (DRS), at 229 George Street G1 1QU.