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Introduction
1. Enforcement of planning control is primarily the responsibility of the relevant planning authority. To enable them to do this effectively, the Town and Country Planning (Scotland) Act 1997 (the 1997 Act) set out a range of powers available to enforce planning control (Part VI, sections 123-158). A brief description of these powers is set out in annex D. Detailed explanation of these powers is set out in Planning Advice Note 54: Planning Enforcement.
2. The Planning etc (Scotland) Act 2006 (the 2006 Act) introduced a number of new powers, and changes to the operation of existing powers, namely;
- Notice requiring application for retrospective planning permission for development already carried out
- Temporary stop notices
- Notification of Initiation of Development and Completion of Development
- On-site Notices
- Fixed Penalty Notices
- Enforcement Charters; and
- Removal of certain grounds for appeal against Enforcement Notices.
3. Secondary legislation is required in order to implement a number of these powers. The 2006 Act makes provision for Scottish Ministers, through regulations, to;
- Set the level of penalty in respect of a Fixed Penalty Notice
- Set out the information to be submitted in a Notice of Initiation of Development
- Set out the information to be displayed in an on-site notice; and
- Set out activities that may not be prohibited by a Temporary Stop Notice.
4. The purpose of this consultation is to seek views on the proposed regulations. The consultation contains a number of specific questions on which respondents views are sought. There is also a question (Q11) inviting more general comments on the proposals. Respondents are asked to bear in mind that the Planning etc (Scotland) Act 2006 was approved by Parliament and subsequently granted Royal Assent. We are therefore unable in this consultation to consider comments seeking amendment of the provisions contained in the 2006 Act.
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