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Planning Enforcement Charter Review

Perth and Kinross Council · 29 May 2024
Back to Economy and Infrastructure Committee — 29 May 2024 and its agenda

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Perth And Kinross Council 
Economy & Infrastructure Committee 
29 May 2024 
PLANNING ENFORCEMENT CHARTER REVIEW 
Report by Strategic Lead - Economy, Development & Planning
(Report No. 24/159) 
1. PURPOSE 
1.1 This report seeks approval of an updated version of the Council’s Planning
Enforcement Charter, following review, as required by The Town and Country
Planning (Scotland) Act 1997. 
2. RECOMMENDATIONS 
2.1 It is recommended that Committee: 
• Approves the recommended update to the Council’s Planning
Enforcement Charter 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals 
• Section 6: Conclusion 
• Appendices 
4. BACKGROUND / MAIN ISSUES 
4.1 The Town and Country Planning (Scotland) Act 1997 (as amended) places a
statutory requirement for Planning Authorities to prepare and publish a
Planning Enforcement Charter. The Act specifically requires Charters to set
out: 
• A statement of the Authority’s policies as regards their taking of
enforcement action;
• An account of how members of the public can bring any ostensible
breach of planning control to the attention of the Authority;
• How to complain about the way in which the Authority takes enforcement
action; and
• The procedures for dealing with any such complaint.

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4.2 Members are reminded that while there is no duty on the Planning Authority to
pursue planning enforcement action, there is a requirement for Planning
Authorities to review, update and publish a new Charter whenever they think it
is appropriate to do so but no later than two years after last being published.
The Council adopted the latest Planning Enforcement Charter on 27th January
2021. As it is now beyond the required 2-year period for publication of a
revised charter, it is important that an updated Planning Enforcement Charter
is agreed as expediently as possible. The delay was primarily due to staff
resourcing issues within the planning enforcement team at the time and
resulted in a red marker from the Scottish Government in the 2022/23
Planning Performance Framework. 
4.3 The Planning Enforcement Charter is key to clarifying the Council’s role
within, and approach to, planning enforcement; both to stakeholders who
report suspected breaches of planning control and to those who have an
interest in the site subject of the possible breaches. Since the adoption of the
latest Charter, officers have gained useful experience in delivering its
objectives. This experience, and feedback from stakeholders during the
consideration of enforcement cases, has been used to examine the
effectiveness of the Charter and identify areas for improvement.
Benchmarking and reviewing of other Planning Authorities’ Charters was also
undertaken. 
5. PROPOSALS 
Charter Review 
5.1 The previous Charter identifies the priority areas for planning enforcement
within Perth and Kinross, informed through staff discussions and a
stakeholder engagement process. Officers consider that the key priorities for,
and the approach to, planning enforcement as expressed through the existing
Charter remain appropriate, proportionate and reflective of Council objectives. 
5.2 Accordingly, it is recommended that the proposed ‘Priorities for Planning
Enforcement’ in the 2024 Charter remain largely unchanged. However, since
the adoption of the last Charter the economy, businesses and individuals
have had to adapt to manage the impacts of the cost-of-living crisis. It is
therefore proposed to expand one of the existing priorities to underline the
proportionate use of action and to act sensitively to exceptional
circumstances. This follows from a similar approach taken in the 2021 Charter
in recognising the economic impact of the Covid-19 pandemic. This general
principle is supported by the Scottish Government’s Circular 10/2009:
Planning Enforcement which recognises the need to act sensitively in respect
of impacts on small businesses when taking enforcement action.

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5.3 The proposed 2024 Charter is attached at Appendix 1. The main changes in
the updated charter are highlighted with the use of italics. These seek to: 
• Recognise the impact of the cost-of-living crisis;
• Clarify how it will be used in support of the Council’s corporate priorities;
• Reflect Development Plan policy objectives;
• Reflect Scottish Government guidance in practice; and
• Set out how and when proportionate enforcement action will be taken
(ie. where evidenced planning harm warrants it). 
5.4 The document provides a summary and overarching message about the
approach to enforcement as well as the priorities. It also provides details on
how to report a suspected breach of planning control and where further, more
detailed, guidance on planning enforcement can be found. Specifically, it
highlights the key role planning stakeholders can play and how they are
engaged in the process. 
5.5 Consisitent with the 2021 Charter, the updated Charter continues to guide
stakeholders chronologically through the planning enforcement process, with
a flow chart of the key stages:   
• Identifying what constitutes a breach of planning control;
• How to report suspected breaches to the Council;
• Explaining possible informal and formal action that could be taken by the
Planning Authority;
• The process for investigating report breaches; and,
• How the enforcement team will act on breaches to secure compliance 
Service Improvements 
5.6 Since the adoption of the last Charter, the Council now displays active
enforcement cases on the Public Access planning portal. This allows
members of the public and interested parties to view details of cases more
readily, as well as understanding actions taken. The 2024 Charter is therefore
updated to reference enforcement cases now being on Public Access. Perth &
Kinross Council was one of the first Planning Authorities in Scotland to display
enforcement cases on Public Access, demonstrating a commitment to
effective communication through the customer journey. 
5.7 As with the previous version of the Charter, following Committee approval, a
Plain English document suitable for publication will be produced. The
publication will be in e-booklet form available to download from the Council’s
website. In the interests of environmental sustainability, it is not proposed to
print any hard copies of the Planning Enforcement Charter.

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Future Review Process 
5.8 As noted, the Planning Authority is required to review, update and
publish a new Charter when necessary, and no later than every two years.
Should the 2024 Charter recommendation be agreed by Committee and
subsequently adopted, the intention would be for an updated Charter to be
presented to Committee in 2026. 
6. CONCLUSION   
6.1 The revised Planning Enforcement Charter builds on the established
principles of the Council’s approach to, and priorities for, planning
enforcement. Several refinements and clarifications have been made to the
revised Charter to make the process clearer for all planning stakeholders. The
publication of the revised Charter will set out these updated principles and
represent a material consideration for officers in the handling for all planning
enforcement matters. 
6.2 It is recommended that Committee approves the update to the Council’s
Planning Enforcement Charter. 
Author
Name  Designation Contact Details
Sean Panton  Team Leader (Major
Applications and
Enforcement)
01738 4675000
ComCommitteeReports@pkc.gov.uk 
Approved 
Name Designation Date
David Littlejohn  Strategic Lead (Economy,
Development and
Planning)
3 May 2024 
APPENDICES 
• Appendix 1 – Proposed Planning Enforcement Charter (2024)

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement  None
Corporate Plan  Yes
Resource Implications  
Financial  None
Workforce None
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment None
Strategic Environmental Assessment None
Sustainability (community, economic, environmental) Yes
Legal and Governance  None
Risk None
Consultation 
Internal  Yes
External  None
Communication 
Communications Plan  Yes 
1. Strategic Implications  
Community Plan/Single Outcome Agreement 
1.1 No implications. 
Corporate Plan 
1.2 This report supports the following objectives within the new Corporate Plan: 
(i) People and businesses are increasingly able to prosper in a local 
economy which support low carbon ambitions and offers opportunities  
for all. 
2. Resource Implications 
Financial 
2.1 No implications. 
Workforce 
2.2 No implications.

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Asset Management (land, property, IT) 
2.3 No implications. 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups.  Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties.
As the Planning Enforcement Charter is a revised document, there is no
requirement for further Equality Impact Assessments to be undertaken as it is
not relevant. 
Strategic Environmental Assessment 
3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. However, no action is required as the Act does not apply to the
matters presented in this report.   
Sustainability   
3.3 Under the provisions of the Local Government in Scotland Act 2003 the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development.   Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• in the way best calculated to delivery of the Act’s emissions reduction
targets;
• in the way best calculated to deliver any statutory adaptation
programmes; and
• in a way that it considers most sustainable. 
The Planning Enforcement Charter considers how best to deal with breaches
of planning control, and as such does not directly impact sustainable
development. However, the planning process itself is closely linked with
sustainable development and there are relevant policies within the Perth &
Kinross Local Development Plan 2 (2019) and National Planning Framework
4 to control this. 
Legal and Governance 
3.4 No implications.

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Risk 
3.5 No implications. 
4. Consultation 
Internal 
4.1 The Planning Enforcement Team were consulted on the proposal due to their
role in implementing the previous charter. The experience the staff obtained
from implementing the previous charter is therefore an important
consideration for the revised charter. All staff in the Planning Enforcement
Team are in agreement with the content proposed. 
External 
4.2 No external consultations required. 
5. Communication 
5.1 As with the previous version of the Charter, following Committee approval, a
Plain English document suitable for publication will be produced. The
publication will be in e-booklet form available to download from the Council’s
website. In the interests of environmental sustainability, it is not proposed to
print any hard copies of the Planning Enforcement Charter. The Council’s
social media platforms will be used to advertise the publication of the new
Charter. Staff members will also be promoting the new document where
relevant through correspondence. 
2. BACKGROUND PAPERS  
2.1 There are no other background papers relevant to the revised charter.