Written Question · S4W-23429 · Session 4
What right of appeal a resident has when a local authority refuses to enforce the conditions of a planning application on a neighbouring pr…
The question
To ask the Scottish Government what right of appeal a resident has when a local authority refuses to enforce the conditions of a planning application on a neighbouring property.
The answer
Failing to comply with a condition subject to which planning permission has been granted constitutes a breach of planning control.
There is no right of appeal to Scottish Ministers where a planning authority does not take formal enforcement action in any specific case.
It is a matter for the planning authority concerned whether to take enforcement action against such breaches, having regard to the provisions of the development plan and any other material considerations. However, an authority may also decide to take no formal action where they consider it is not in the public interest to do so.
Planning authorities are required to publish an enforcement charter setting out their policy on enforcement issues and detailing how a person who is dissatisfied with their handling of a specific case can complain. It is open to a person to take the matter to the Scottish Public Services Ombudsman if they believe there has been maladministration in the planning authority handling of a specific case.
There is no right of appeal to Scottish Ministers where a planning authority does not take formal enforcement action in any specific case.
It is a matter for the planning authority concerned whether to take enforcement action against such breaches, having regard to the provisions of the development plan and any other material considerations. However, an authority may also decide to take no formal action where they consider it is not in the public interest to do so.
Planning authorities are required to publish an enforcement charter setting out their policy on enforcement issues and detailing how a person who is dissatisfied with their handling of a specific case can complain. It is open to a person to take the matter to the Scottish Public Services Ombudsman if they believe there has been maladministration in the planning authority handling of a specific case.
In the Official Report
No contribution in the Official Report cites S4W-23429 by reference.