The Scottish Government

Title of policy

Planning Enforcement Regulations 2007

Name of Branch or Division

Planning Modernisation and Co-ordination Division. Planning Infrastructure and Enforcement Branch

Department or Agency

Planning Directorate

What is the purpose of the proposed policy (or changes to be made to the policy)?

The Regulations will implement provisions made in the Planning etc. (Scotland) Act 2006 in respect of planning enforcement. The Regulations will provide planning authorities with new powers to address breaches of planning control by using Temporary Stop Notices ( TSNs) and Fixed Penalty Notices ( FPNs) where they consider it appropriate. The purpose of the new provisions is to give planning authorities appropriate powers to respond to any perceived breach of planning control.

In addition the Regulations will require developers to submit certain notices to the planning authority at the start and finish of development, and, in certain cases to display an on-site notice providing the public with various information regarding a development. The purpose of these provisions is to ensure that planning authorities have readily available information to allow them to make informed judgements on the allocation of resources to enforcement work. On-site notices will increase public awareness of the nature of developments in their area that may affect them.

Who is affected by the policy or who is intended to benefit from the proposed policy and how?

The Regulations will affect both developers and planning authorities in that they will be implementing the measures.

Planning authorities will benefit from having extended powers to respond to breaches of planning control. As with existing powers, planning authorities will have discretion to decide what action is appropriate in any individual case. More widely the general public will benefit as the Regulations are designed to prevent or remedy breaches of planning control which may impact on the local environment or amenities.

Gypsy/Travellers will benefit from the Regulations we propose in respect of Temporary Stop Notices. The Regulations will, in effect, extend to people whose main residence is a caravan, the provision in the 2006 Act that a TSN cannot be issued solely to require them to vacate the site. A TSN may be used in certain circumstances, but only where there is a risk to the safety of the caravan dwellers or others, or where the siting of the caravan

Developers will be affected by the requirement to submit certain information at certain stages of development. While this would certainly place additional duties on a developer, we do not see this as being excessive. There is a potential benefit to developers as where planning breaches can be detected and addressed at an early stage. The cost to the developer of correcting the breach (and any potential delay to the development) will in most cases be lower if the breach is addressed as and when it occurs.

How have you, or will you, put the policy into practice, and who is or will be responsible for delivering it?

The Regulations, and this EqIA, are currently the subject of consultation. We will consider points raised by respondents to the consultation before finalising our proposals. We expect the final Regulations to be implemented in summer 2008

Planning authorities will be responsible for delivery of the policies in respect of taking enforcement action (issuing TSN or FPN). Planning authorities have discretion to determine whether enforcement action is required and what action is appropriate in any individual situation.

Developers will be responsible for submitting information to the planning authority in accordance with the legislation. In addition, where required, it will be the responsibility of the developer to ensure that an on-site notice is displayed.

How does the policy fit into our wider or related policy initiatives?

Supports The Scottish Government aims for a fairer Scotland

Age

Evidence: We are not aware of any impact the Regulations would have in respect of age.

Disability

Evidence: The Regulations relate to the serving of notices, completion of forms and display of written information. There may therefore be an issue regarding accessibility to the information for people with reading difficulties or visual impairment.

Consultation/Involvement: As noted above, we are currently consulting on the Regulations and will consider any comments made on the partial EqIA from respondents. We will include disabilities groups in the consultation distribution lists.

Gender

Evidence: We do not consider that the Regulations would have any implications on gender issues

Lesbian, Gay, Bisexual & Transgender

Evidence: We are not aware that the Regulations would have any adverse effecting respect of sexual orientation.

Race

Evidence: The Regulations may affect different racial groups in two ways.

Firstly, the accessibility of notices to people who do not speak English as a first language.

Secondly, the Regulations on TSNs will have a significant impact on Gypsy/Travellers as they are intended to ensure that people whose main residence is a caravan are not discriminated against by the provisions of the primary legislation. The 2006 Act prevents a TSN being used to evict people from a building that they live in. The Regulations will extend such protection to caravan dwellers.

Consultation: As noted above, we are currently consulting on the Regulations and will consider any comments made on the partial EqIA from respondents. We will include Gypsy/Traveller representative groups in the consultation distribution lists.

Religion and Belief

Evidence: We are not aware that the Regulations would have any implications in respect of a person's religion.

Age

No specific effect anticipated

Disability

Minor possible negative effect in that people with visual or other reading disabilities may not be able to read information in an on-site notice, or may not be able to complete a NID or other notice.

However, assistance in completing NIDs or other notices will be available from planning authorities/other sources (eg Planning Aid for Scotland).

With regard to on-site notices, while visually impaired or disabled people may have difficulty reading/accessing the notices, we need to remember that there is no requirement to display such notices at present and information about a development would have to be ought from the developer or the planning authority. In that respect the policy would not negatively discriminate against disabled people. As the purpose of the on-site notice is, in fact, to direct further enquiries to the relevant people, we do not feel that there is a need for further action.

Gender

No specific effect anticipated

Lesbian, Gay, Bisexual & Transgender

No specific effect anticipated

Race

Positive effect for Gypsy/Travellers as will prevent planning authorities from using TSNs simply to move a caravan off a site unless there are overriding reasons to do so (for the safety of the caravan occupiers or other members of the public or where the siting of the caravan would cause serious damage to the environment or amenity).

Religion and Belief

No specific effect anticipated

High

• There is substantial evidence that people from different groups or communities are (or could be) differently affected by the policy
• There is substantial public concern about the policy, or concerns have been raised about the policy's potential impact by relevant bodies
• The policy is relevant to all or part of the respective general duty In the case of race, disability and gender.

x

Medium

• There is some evidence that people from different groups or communities are (or could be) differently affected.
• There is some public concern about the policy.
• The policy is relevant to parts of the respective general duty In the case of race, disability and gender.

x

Low

• There is little or no evidence that some people from different groups or communities are (or could be) differently affected.
• There is little or no evidence of public concern about the policy.
• The policy has little or no relevance to the respective general duty In the case of race, disability and gender.

Unknown

No evidence or data has been collected therefore an assessment cannot be made

x

x

x

x

Please explain how monitoring will be undertaken, when it will take place and who is responsible for undertaking it.

Planning enforcement action is recorded by the relevant planning authority in an Enforcement Register. This register is publicly available. We will monitor the use of TSNs, in particular with respect to their use in relation to Caravan dwellers.