Parliament Workbench
Data: Motions & questions to 19 Nov 2026

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…

Answered Asked by Elaine Murray Lab Lodged 26 Nov 2014

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

Answered by Alex Neil on 9 Dec 2014 · 13 days after it was lodged, on time

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.

In the Official Report

No contribution in the Official Report cites S4W-23429 by reference.