Enforcement Charter Report 2026 FINAL
Renfrewshire Council · 26 May 2026
Back to Planning and Climate Change Policy Board — 26 May 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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PUBLIC ___________________________________________________________________ To: Planning and Climate Change Policy Board On: 26 May 2026 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Planning Enforcement Charter 2026 ___________________________________________________________________ 1. Summary 1.1 This report presents the Renfrewshire Planning Enforcement Charter 2026. 1.2 The Town and Country Planning (Scotland) Act 1997 (as amended) requires the planning enforcement charter to be reviewed every two years. 1.3 The planning enforcement charter sets out the process and procedures for how and when planning will deal with a breach of planning control. ________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board: (i) Approve the Renfrewshire Planning Enforcement Charter 2026 as presented in Appendix 1. ___________________________________________________________________ 3. Background 3.1. The Renfrewshire Planning Enforcement Charter sets out the process and procedures for how and when the Planning Authority will deal with a breach of planning control. It provides information and advice as to how a suspected breach of planning control can be brought to the attention of the Planning Authority and the powers available.
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PUBLIC 3.2. The charter provides clarification on the scope and parameters of planning enforcement and offers commitment to dealing with breaches of planning control through prioritisation of action depending on the seriousness of the breaches of planning control. 4. Planning Enforcement Charter 2026 4.1. The revised Planning Enforcement Charter outlines the role of Planning Enforcement, the applicable policies and procedures and the standards of service to be expected. 4.2. The charter notes that the purpose of planning enforcement is not punitive, with its role to find a solution or to deal with the planning issue rather than seek to punish. 4.3. It should be noted that planning enforcement is a discretionary power and each case is considered in terms of the nature of the planning breach and its impact on the wider public interest. 4.4. The Enforcement Charter 2026 outlines that following issues will be prioritised: Significant detrimental impact on public safety; and Irreversible damage to listed buildings; Significant detrimental impact on amenity; Trees protected by Tree Preservation Orders/in Conservation Areas. 5. Next Steps 5.1. If approved, the updated planning enforcement charter will replace the current enforcement charter on the Council web pages. 5.2. Planning will continue to keep the effectiveness of the enforcement charter under review and future updates will be presented to the Board when required. ___________________________________________________________________ Implications of the Report 1. Financial – The extent and details of the additional duties is still to be confirmed. 2. HR & Organisational Development - None 3. Community/Council Planning – The Charter assist in promoting Renfrewshire as a place to live, work and visit. 4. Legal - None 5. Property/Assets - None 6. Information Technology - None
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PUBLIC 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. COSLA Policy Position - None. 13. Climate Risk – None. ___________________________________________________________________ Appendix 1 – Renfrewshire Planning Enforcement Charter 2026 ___________________________________________________________________ Authors: Ross Lee, Development Standard Manager Tel: 07811899920; Email: ross.lee@renfrewshire.gov.uk Amy Brady, Planner Tel: 079740713639; Email: amy.brady@renfrewshire.gov.uk
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2026 P L A N N I N G ENFORCEMENT CHARTER
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2 Overview ...........................................................................................................................................page 03 Powers and Limitations of Planning Enforcement .........................................................page 04 Prevalent Planning Issues .........................................................................................................page 06 Types of Breaches .........................................................................................................................page 08 Implications of Potential Breach ............................................................................................page 10 How to Report a Potential Breach of Planning Control .................................................page 11 What Happens Next ......................................................................................................................page 13 Timescales .......................................................................................................................................page 14 Processes and Procedures ........................................................................................................page 15 Formal Action .................................................................................................................................page 16 Enforcement Process...................................................................................................................page 18 Monitoring of Major Developments.......................................................................................page 19 Appendix ...........................................................................................................................................page 20 Contacts ............................................................................................................................................page 27 Complaints procedure ................................................................................................................page 29 CONTENTS
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3 1 OVERVIEW A high-quality planning system is important to creating quality places. Public confidence in an efficient and effective planning service is key to this delivery. Working alongside our communities with input from the public and other stakeholders is central to assisting in the delivery of a high-quality planning system. Enforcing planning regulations in a timeous, consistent and proportionate way is important and there is a role for the public in letting the Planning Authority know when there is a potential breach of planning control. The aim of this charter is to make sure the procedures are fair and reasonable and that we keep everyone involved informed throughout the process. Fundamentally, the purpose of planning enforcement is to find a solution or deal with a breach of planning control rather than to punish for what is often a mistake. Any action taken has to be appropriate to the scale of the breach and the harm it may have caused. In many cases, the submission of a retrospective application is the most reasonable means to regularise a breach of planning control. Enforcement powers are limited and can only apply to breaches of planning control, and this is explained in more detail in the proceeding section below. Where planning enforcement powers are applicable, it is important to note that such powers are discretionary. That means that, even when there is a breach of planning control identified, the Planning Authority has to consider if it is in the wider public interest to take formal action. Taking formal enforcement action is a last resort and can only be used in cases where the breach is considered to be in the public interest or is causing harm and also where there is no other way to regularise that breach. Before considering formal action and the serving of a formal notice, the Planning Authority will attempt to resolve the matter through a number of other methods. Any enforcement action taken is ordinarily limited to being served on the landowner, only in some cases is it appropriate to serve a notice on an individual or a company. More detailed information on the use of enforcement powers is set out in the Scottish Government publication Circular 10/2009: Planning Enforcement which can be found online at: https://www.gov.scot/publications/planning-circular-10-2009-planning- enforcement/
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4 POWER AND LIMITATIONS OF PLANNING ENFORCEMENT Powers of Entry The Planning Authority hold rights under Section 156 of the Town and Country Planning Act to enter land or buildings to: - Establish if there has been a breach of planning control. - Check if there has been compliance with a formal notice. - Check if a breach has been satisfactorily resolved. This power applies to any land or buildings and may involve officers entering land adjacent to the site of the breach. Not all suspected breaches will require Planning Officers of the Planning Authority to use these powers and in most cases Planning Officers will attempt to contact the landowner or occupier in the first instance to investigate the suspected breach. In cases where officers are unsuccessful in these attempts or the breach is considered to have potential harm to public health or safety, these powers allow Planning Officers to enter land or buildings to investigate the breach. For more information on the powers given to the Planning Authority, please see the below link to Section 156 of the Town and Country Planning (Scotland) Act 1997: 2 PE
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5 Limitations of Planning Enforcement Planning enforcement only applies to breaches of planning control and matters which sit within the remit of planning. Planning enforcement cannot investigate, intervene, or address certain matters which sit outside the scope of planning enforcement. This includes (but is not limited to) the following: Non-Planning Issues: Issues not covered by planning legislation or governed by other regulators/ regulations, general neighbour disputes, statutory nuisance complaints and health and safety matters. Civil/Private Disputes: Boundary and land ownership, disputes, covenants, trespassing, and right- of-way issues are private legal matters. Anonymous Enquiries: Councils often do not investigate anonymous complaints unless the breach is deemed very serious. Internal Works: Internal alterations to a building or property that is not listed. Permitted Development: Works that do not require planning permission, such as small extensions or fences under a certain height. Advertisements: While the placement of an advertisement may be regulated, the text, wording, or images used cannot be investigated. Many advertisements also benefit from deemed consent and do not require advertisement consent. Lawful/Time Barred/Immune Developments: Development that is lawful because it has exceeded time limits for action—generally 4 or 10 years depending on the type of breach and location. Lack of Expediency: Enforcement is discretionary. If a breach is deemed to be minor and or causes no significant harm to public amenity, the Planning Authority may decide not to act, even if a breach exists. Implementation of a Lawful permission/consent: Enforcement action cannot be taken when a development is being implemented in line with an approved consent. A lawfully implementable consent is where a development is subject to a live or extant planning permission, where all pre- commencement/suspensive conditions have been discharged and a Notification of Initiation of Development has been submitted.
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6 What are the time limits on Enforcement Action? It should be noted that Enforcement action has to be taken within time limits: The four year limit - this applies to ‘unauthorised operational development’ (the carrying out of building, engineering, mining or other operations in, on, over or under land) and a change of use to a single dwellinghouse. After four years following this type of breach, the development becomes lawful, and no enforcement action can be taken. The ten year limit - this applies to all other development including change of use (other than to a single dwellinghouse) and breaches of condition. After ten years, the development ,or use or non compliance of the conditions becomes lawful, and no enforcement action can be taken. The two year limit - this applies to unauthorised works or felling of trees within a tree preservation order are and trees within a conservation area. After two years,any such works become lawful and no enforcement action can be taken. There is no time limit for breaches of unauthorised works undertaken to a listed building .They will always be considered no matter the time limit from the potential breach.
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7 PREVALENT PLANNING ISSUES Householder Not all works undertaken to a dwellinghouse require planning permission, some types of building works can be undertaken without planning permission through what is known as permitted development rights. Permitted development rights cover a broad scope of works ranging from physical alterations, enlargements and extensions to properties to other works within the garden ground/curtilage of a dwellinghouse such as the erection of sheds, fencing and decking. Permitted development rights also exist for flats however these are significantly reduced/restricted compared to dwellinghouses given the often communal and shared nature of flats. The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 is the applicable planning legislation, and this stipulates the permitted development criteria that applies to dwellinghouses and flats. Below is a link to the current Scottish Government householder permitted development circular guidance, which details what works can be undertaken without the need for planning permission and what criteria needs to be met for works to benefit from permitted development. https://www.gov.scot/publications/circular-1-2024-householder-permitted-development- rights/documents/ Should a property owner require formal and legally binding confirmation that the works constitute permitted development, they can submit a Certificate of Lawfulness application to the Planning Authority. This is a formal mechanism which allows the Planning Authority to assess a proposal against the applicable permitted development criteria and confirms if it complies. 3 Advertisements Advertisements are controlled through The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. Advertisements come in many forms and can range from (but not limited to) fascia and projecting signs on a business premises, internal/vinyl graphics within a retail unit and freestanding digital displays and billboard on land. Some advertisements require Advertisement Consent to be obtained from the Planning Authority and other advertisements do not require consent with these covered by what is known as deemed consent (essentially permitted development rights but for advertisements). The requirement for consent is determined by the size, design and type of advertisement, its location, and its purpose/what it is advertising. It is important to note that the content of an advertisement is not a matter covered by planning control. Any concerns regarding the content of an advertisement should be made directly to the Advertising Standards Authority. A D S A D S A D S
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8 Trees Trees that are within a conservation area or which are covered by a Tree Preservation Order (TPO) designation are afforded protection in planning terms and there are no permitted works that can be carried out to such trees without first obtaining permission from the Planning Authority. It is important to be aware that it is a criminal offence to undertake works to trees subject to a TPO or within a conservation area without the relevant permission/consent being in place. Where works are undertaken to trees that are not covered by a TPO or within a conservation area, the Planning Authority has no remit or locus. There may be separate obligations of the person(s) undertaking the works such as a felling licence to ensure the works are carried out in a safe manner or a need to comply with ecological/ biodiversity legislation, but these are not matter within the Planning Authority’s control or which the Planning Authority can enforce. High Hedge issues specifically are not a planning enforcement matter. Separate applications, processes, and procedures are in place to deal with cases of high hedges. More information on this can be found at the below link to the Council’s website. https://www1.renfrewshire.gov.uk/article/13553/High-hedge-issues-with- neighbours Listed Buildings A listed building is a building that has been officially and formally recognised as being special because of its history, design or cultural significance. Unlike non- listed buildings, listed buildings have limited permitted development rights so Listed Building Consent is required for most external or internal works and can even apply to certain works within the curtilage. Breaches in relation to listed building are a serious matter. It is important to be aware that it is a criminal offence to undertake unauthorised works to demolish, significantly alter, or extend a listed building and in certain circumstances this can lead either to an unlimited fine or imprisonment. A D S A D S A D S
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9 4 TYPES OF BREACHES Possible breaches of planning control include: An unauthorised change of use; Work carried out or being carried out without planning permission or listed building consent; Failure to comply with conditions attached to a permission or consent; Departures from approved plans or consent; Carrying out works to trees that are protected under a Tree Preservation Order or are located within a conservation area.
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10 5 IMPLICATIONS OF POTENTIAL BREACH What are the legal implications of not complying with planning legislation? Failure to obtain planning permission, listed building consent, advertisement consent or treeworks consent, before development or works are carried out or an advertisement is displayed may have financial or legal implications which could prove problematic to resolve. Not observing the regulatory requirements for example may significantly delay or impede the conveyancing transaction for the sale of a house, or letting of commercial premises. A breach of planning control is not a criminal offense, except in cases where works are undertaken to a listed building or to trees within a tree preservation order. It is however a criminal offense not to comply with an enforcement notice. In circumstances where there are an unauthorised use or works have been carried out without the relevant permission/consent, the Planning Authority will usually expect the submission of the appropriate formal application to regularise matters if appropriate. However, there is no guarantee that consent will be granted. The failure to comply with conditions attached to a permission/consent, prior to, during or following development can have similar implications and may require a subsequent application to be submitted to regularise the situation.
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11 6 HOW TO REPORT A POTENTIAL BREACH OF PLANNING CONTROL Any potential breach in planning control can be reported as using our online form at https://myaccount.renfrewshire. gov.uk/en/service/Report_a_ Suspected_Planning_Breach. However if this is not possible concerns can be posted to: Development Standards Chief Executive’s Service Renfrewshire House Cotton Street Paisley PA1 1JD When submitting an enforcement enquiry, the below information should be provided. Please note that the more information you are able to provide when submitting an enquiry, the more informed the Planning Authority will be to fully assess the matter. • The address of the property concerned; • Details of the suspected breach of planning control. Please provide as much information as possible, this can include (where appropriate): - Photos of the development/works, - Dimensions of structures built, - Dates and times of development (including when the works began and whether they are ongoing), - Where the breach concerns a change of use, details on the business operations should be provided. • Your name and contact details; and • Information on how the breach affects you and others. We will treat all enforcement enquiries as confidential and will not publish any personal details, name, address and contact details of the enquirer. All data submitted to us will be handled in accordance with the relevant data protection legislation. It should be noted that under Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2002 we may need to disclose information relating to the substance of any reports received. Requests for total confidentiality may also limit our ability to take formal action and we cannot guarantee this if the case leads to court proceedings. Anonymous submissions about potential breaches of planning control are unlikely to be considered unless there is an imminent risk to public health and safety.
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12 Contacting Your Local Councillor In some instances, your local councillor may be the first person you approach in relation to a potential breach of planning control. We would encourage anyone reporting any potential breach of planning control using the contact details opposite to enable direct contact with the relevant officers and to be kept up to date with the process and procedures. Councillors being involved in enforcement cases may prevent them from making decisions on any potential applications associated with the case or other formal action. This is in line with the Standards Commission Code of Conduct which can be viewed below: https://www.standardscommissionscotland.org.uk/
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13 7 WHAT HAPPENS NEXT Information received by the Planning Authority is checked to see if it involves a possible breach of planning control and includes all the detail required for a possible investigation. Submissions which relate to matters which are not under the control of the Planning Authority or where the development/works meet the requirements of deemed consent or permitted development do not constitute a breach of planning control and as such the enquirer will be notified and these cases will be closed. The Planning Authority will generally take action in the interests of the wider public amenity or safety. Where enquiries relate to an area of the Council function other than Planning, the matter will be referred to the relevant Council Service, and the enquirer notified.
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14 Any action that is taken has to be appropriate to the scale of the breach and also importantly the harm that it may be causing. Priority will be given to breaches of planning control, relating to the following:- • Significant detrimental impact on public safety; and • Irreversible damage to listed buildings; • Significant detrimental impact on amenity; • Trees protected by Tree Preservation Orders or located in conservation areas. 8 TIMESCALE Timeframes for Action The length of time required to investigate an issue can be affected by a number of factors, including gathering evidence, negotiations between parties or affording time for formal action to be initiated and concluded. Similarly, an application to regularise the breach of control or an appeal against a decision of planning can also have an impact on timescales to resolve the issue. The Planning Authority recognises that delays can be a source of considerable frustration to those submitting information, particularly if they consider that their amenity is affected. Consequently, it is appreciated that there is a need to keep interested parties informed of signigicant stages in the process of a case. This will be done in line with the Councils approved Service Standard. Please note that the preferred method of communicating with all parties is electronically.
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15 9 PROCESSES & PROCEDURES The Planning Authority has discretion on whether to take enforcement action in any given situation and various options are open to Planning. There will be a focus on trying to sort out a situation by negotiating with the person responsible for breaching planning control. The Planning Authority will give the person responsible for the breach in planning control a specific timescale to meet the requirements. The length of time will depend on how serious the issue is and the harm it may be causing. The Planning Authority is unlikely to take formal action for developments which in planning terms, are deemed to be acceptable. In some cases, action may not be appropriate, even though planning controls have been breached. In many cases, it will be appropriate to ask the person in breach of planning control to make a retrospective application. Once a retrospective application has been submitted, the formal enforcement options are limited. As such, upon the submission of a retrospective application the original enforcement enquiry case will be closed. If the retrospective application is subsequently refused the enforcement enquiry case can be re-opened and appropriate action can be considered and taken. If a retrospective application is submitted, the statutory neighbour notification and publicity (where applicable) will be carried out and the Planning Authority will fully consider any comments received before any decision is made. The Planning Authority has to consider each case on its merits and decide on the most appropriate solution. Formal enforcement action will only be taken where, the breach of planning control is significant and would unacceptably affect public amenity, public safety or the use of land and buildings meriting protection in the public interest. This is set out in more detail in the proceeding section.
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16 10 FORMAL ACTION Only a small number of cases require formal action. This formal action begins with the serving of a notice, details of the different types of notices can be found in the appendix. Notices include the following information; • A description of the breach of control that has taken place, • The steps that should be taken to remedy the breach, • The timescale for taking these steps, • The consequences of failure to comply with the notice, and • Where appropriate, any rights of appeal the recipient has and how to lodge an appeal. It is important to note that a notice may not include all matters subject to the original enforcement enquiry. An enforcement notice can only contain elements where the Planning Authority is confident and satisfied that a breach has occurred, and where that breach is in the public interest to act. Once a notice is served, there is a 28-day period before that notice comes into effect, during this period, depending on the type, the recipient of the notice may have the opportunity to appeal the notice and the Planning Authority can withdraw the notice if the breach is remedied before if it comes into effect.
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17 Appeals Appeals against enforcement notices are considered by Scottish Ministers and dealt with, in most cases, by independent Reporters from the Scottish Government Directorate of Planning and Environmental Appeals (DPEA). Anyone who has submitted information on a breach of planning control will be advised of the appeal either by the Planning Authority or the Scottish Government. When an enforcement notice is appealed, the timescale for taking the steps to comply with the notice is stopped until such a time as a decision is made on the appeal. As the appeal sits with the Scottish Ministers the Council is not able to take any further action until a decision is made on the appeal. Not all notice types can be appealed, for example there is no right of appeal against a Breach of Condition Notice. The appendix contains a description of the different notice types and clarifies whether or not they are eligible for an appeal. Penalties Failure to comply with a notice may result in the Planning Authority taking further action. This can include a range of possible options including; • Referring the case to the Procurator Fiscal for possible prosecution. • Carrying out work and charging the person for the costs involved (often referred to as Direct Action). • Seeking a Court interdict to stop or prevent a breach of planning controls. It should be noted that the expectation is that cases will be resolved without the need for any referrals to the Procurator Fiscal. In terms of any unresolved enforcement breaches, the Planning Authority require to carefully consider any potential referrals to the Procurator Fiscal.
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18 11 ENFORCEMENT PROCESS Acknowledgement and initial investigation to determine if it constitutes development. Response to enquirer following initial investigation. If no progress is made contact will be maintained with the enquirer to advise of key developments going forward. If there is no attempt to rectify breach the Planning Authority will consider taking further action. If a breach is identified, establish the next course of action from a planning perspective. This could be; requesting the submission of a retrospective application, the serving of a notice or a decision may be that no enforcement action is taken. All interested parties including the enquirer will be advised of the decision. Where appropriate, the Planning Authority will serve a formal notice to rectify the breach. Once a notice has been served the original enforcement enquiry will be considered closed with the enquirer being informed of the final outcome upon the expiration of the relevant notice. 1 2 3 4 5 6 5 working days 28 working days
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19 12 MONITORING OF MAJOR DEVELOPMENTS In line with the Planning (Scotland) Act 2019, Renfrewshire Council are required to monitor major development and ensure they are constructed in line with the respective planning consent. Officers of the Planning Authority will monitor all major developments and will seek to ensure that the development progresses in compliance with relevant conditions and the wider consent and approved plans. In the event that the development does not proceed in compliance with the respective consent, the Planning Authority will seek a resolution to such matters which may include taking formal enforcement action should a resolution not be reached.
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20 13 APPENDIX - DEFINITION OF NOTICE TYPES AND OTHER PLANNING PROCESSES This notice requires a landowner to submit a retrospective planning application for development that has already been carried out without the necessary permission. This notice type is technically a form of formal enforcement action, it has no rights to appeal, and it extends the period in which the planning authority can undertake other types of formal action if the notice is not complied with. Section 33A Notice This is a notice served of a landowner to obtain information about activities or works where a breach of planning control is suspected. This notice is used when it has not yet been established if a breach has occurred. This notice required that the landowner, or other interested parties contact the planning authority within a set time period to provide the information requested within the notice. Failure to comply with the notice is an offence and can lead to further enforcement action being taken and/or fines in court. Planning Contravention Notice A Breach of Condition Notice is used when a planning condition attached to a decision notice is not being complied with. The notice is served on anyone carrying out activities that breach the conditions or anyone who owns/control the land. This notice requires the specific condition(s) be complied with from the date which the Notice takes affect or the planning authority may peruse legal action. It is a criminal offence not to comply with the notice. Breach of Condition Notice
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21 This is served on a landowner and any other interested parties. An Enforcement Notice will specify when it takes effect, the steps that must be taken to remedy the breach and the time for this to be completed. There are limited rights of appeal to the Scottish Ministers, and this would result in the notice being suspended until a decision is reached. Failure to comply with an enforcement notice is an offence and may lead to a fine of up to £50,000 in the Sheriff Court. Enforcement Notice This must be served on the current owner, occupier and anyone else with an interest in the property. The notice must specify the steps to be taken to remedy the breach and a final date for compliance. Failure to meet the terms of the notice by the date specified is an offence. There is the right of appeal to Scottish Ministers against the notice and this would result in the notice being suspended until a decision is reached. Breaches of listed building control are a serious matter; it is a criminal offence to undertake unauthorised works to demolish, significantly alter, or extend a listed building and in certain circumstances this can lead either to an unlimited fine or imprisonment. Listed Building Enforcement Notice A Stop Notice is served alongside an Enforcement Notice and required that all activities stated within the notice cease from the date of the notice. The stop notice will remain in effect on the site until the compliance period for the associated enforcement notice passes. Failure to comply with a Stop Notice is an offence. There is no right to appeal a Stop Notice, though the accompanying Enforcement Notice can be appealed. Stop Notice
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22 Takes effect immediately when it is issued and, unlike a Stop Notice, does not require the issue of an enforcement notice. It would be used to stop an activity that would, in the Planning Authority’s view, cause damage to the environment and/or local amenity. The Temporary Stop Notice might not prohibit the activity over the entire site. For example, it might instead restrict it to certain areas or times. The maximum period a Temporary Stop Notice can be in effect for is 28 days. Temporary Stop Notices This provides an alternative process to address situations where a person has failed to comply with the requirements of an enforcement notice or a breach of condition notice. By paying the penalty imposed by the fixed penalty notice, the person will discharge any liability for prosecution for the offence. They will not, however, discharge the obligation to comply with the terms of the enforcement notice or breach of condition notice and the Council will retain the power to take direct action to remedy the breach and recover the costs of the work from that person. The Council is not required to offer the option of paying a fixed penalty. Any decision to do so would depend on considerations such as the scale of the breach and its impact on local amenity. Fixed Penalty Notices
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23 Planning permission covers a wide range of developments from the erection of extensions at a residential dwelling, to the new housing site for 100 new homes, to a shopfront alteration. It is the most common application type while covering the widest range of developments. Planning Permission Planning Permission in Principle (PIP) is primarily used for larger development sites to establish whether development is acceptable in principle on a particular site. It allows consideration of matters at a high level and does not require full detailed proposals. For example, on a housing site, PIP can be used to assess the overall number of new homes and their general composition (such as two bedroom terraced houses or a mix of different dwelling types), without providing detailed information on the precise layout, location, or design of the dwellings. PIP does not constitute full planning permission, and before any development can take place, a subsequent detailed application must be submitted and approved in accordance with the granted PIP. Planning Permission in Principle Other Definitions This notice requires a landowner or occupier to clean up land that is in such a poor state it harms the surrounding area’s amenity. The notice will specify when it takes effect, the steps that must be taken to remedy the breach and the time for this to be completed. There are limited rights of appeal to the Scottish Ministers and this would result in the notice being suspended until a decision is reached. It should be noted that an Amenity Notice can only be used in the most severe cases, this cannot be used to deal with minor issues such as overgrown grass, or general disrepair to a building or its grounds. Amenity Notice
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24 A Section 42 Application is used to either vary/amend or remove a condition(s) attached to a consent. The approval of a Section 42 application creates a new, stand-alone planning consent. Section 42 Application Advertisement Consent applications are required for advertisements and signage that do not benefit from deemed consent. As part of these applications, the Planning Authority assesses advertisements in terms of public safety and amenity. The content of the advertisement cannot be considered. Advertisement Consent A Listed Building Consent application is required when works are proposed which impact a listed building and can include both internal and external works depending on the nature of the listing. This application only assesses the impact of the proposed works on the character and integrity of the listed building and is most cases accompanied by a planning application which assesses the acceptability of the proposed works more generally. Listed Building Consent While not all conditions require to be formally discharged, many of them do and these are known as suspensive conditions. Discharge of Condition applications allows the Planning Authority to confirm that that sufficient information has been provided to satisfy the suspensive element of conditions. Failure to discharge suspensive conditions or comply with the terms of conditions can lead to formal enforcement action. Discharge of Conditions
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25 There is no legal requirement for any party to submit a Certificate of Lawfulness for a proposed use or development, however it is the only way to get formal and legally binding confirmation that the works are lawful, constitute permitted development and/or do not require consent. When considering a Certificate of Lawfulness the Planning Authority can only assess whether the proposal meets the requirements of the applicable planning legislation. Certificate of Lawfulness Tree Works applications are required for any works to trees which are subject to a Tree Preservation Order. This application needs to be submitted before any works take place unless there is an established immediate risk to health and safety, in this case a retrospective application should be submitted at the earliest convenience and should contain information as to why these works were carried out prior to an application. Tree Works Applications Where works are proposed to trees within a conservation area, it is a requirement to give notice to the Planning Authority under section 172 of the Listed Building and Conservation Areas Scotland act 1997. This notification gives the Planning Authority 6 weeks to consider wither there are any objections to the proposed tree works and to raise a Tree Preservation Order on the trees subject of the notice. Once the 6 weeks have expired the works can be carried out even if you have not received a response from the Planning Authority. Notification under 172 of the Listed Building and Conservation Areas Scotland Act 1997
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26 A Notification of Initiation of Development (NID) is a mandatory form submitted to the Planning Authority before the commencement of any works. This allows the Planning Authority to ensure that all pre-commencement conditions have been discharged and that the development is beginning withing the statutory timeframes. Failure to submit a NID before works commence is a breach of planning control and can result in the serving of a formal notice. Notification of initiation of Development (NID) A Notification of Completion of Development is a mandatory form submitted to the Planning Authority upon the completion of a development. This allows the Planning Authority to confirm compliance with all conditions upon the completion of the development. Failure to submit a Notification of Completion of Development is a breach of planning control and can result in the serving of a formal notice. Notification of Completion of Development
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27 14 CONTACTS Online Form: https://myaccount.renfrewshire.gov.uk/en/service/Report_a_ Suspected_Planning_Breach Written submissions: Development Standards, Chief Executive’s Service, Renfrewshire House, Cotton Street, Pasiley, PA1 1JD Contact details for reporting a potential breach of planning control Telephone Development Management on 0300 3000144. Contact details for general inquiries on planning issues Complaints Office, Renfrewshire Council, Renfrewshire House, Cotton Street, PAISLEY PA11WB Email: complaints@renfrewshire.gov.uk Contact details regarding customer service Building Standards, Chief Executive’s Service, Renfrewshire House, Cotton Street, Paisley, PA11JD. Telephone 0300 3000144 or email bc@refrewshire.gov.uk. Other useful contacts - enquiries regarding building warrants
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28 If you need advice about a specific planning issue you can also contact Planning Aid for Scotland which provides a free and independent advice service for individuals and community groups across Scotland. They can be contacted at:- http:/ /www.planning-aid-scotland.org.uk/ or by calling their helpline on 0300 3237602. Planning Aid for Scotland Telephone Building Standards on 0300 3000 144.Dangerous Buildings
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29 If you are unhappy about the way we have delivered a service, you can complain in person, by phone, in writing, by email or via our online form at www.renfrewshire.gov.uk. Please tell us your full name and address, as much as you can about the complaint, what has gone wrong, and how you want to resolve the matter. Our complaints procedure has two stages: Stage 1 Frontline Resolution We aim to resolve complaints quickly. This could mean on-the-spot apology and explanation if something has clearly gone wrong and immediate action to resolve the problem. We will give you our decision at Stage One in five working days or less, unless there are exceptional circumstances. If we can’t resolve your complaint at this stage, we’ll explain and tell you what you can do next. We might suggest that you take your complaint to Stage Two. Stage 2 Investigation Stage Two deals with two types of complaint; those that have not been resolved at Stage One and those that are complex and need detailed investigation. When using Stage two we will acknowledge receipt of your complaint within three working days; discuss your complaint with you to understand why you remain dissatisfied and what outcome you are looking for, and give you a full response to the complaint as soon as possible and within 20 working days. If our investigation will take longer than 20 working days, we will tell you. We’ll agree revised time limits with you and keep you updated on progress. 15 COMPLAINTS PROCEDURE
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30 Development Standards, Chief Executive’s Service Renfrewshire Council Renfrewshire House Cotton Street, Paisley PA1 1JD T: 0300 300 0144 E: DC@renfrewshire.gov.uk