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Updated Planning Enforcement and Monitoring Charter 2024

Argyll and Bute Council · 18 September 2024
Back to Planning, Protective Services and Licensing Committee — 18 September 2024 and its agenda

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ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Updated Planning Enforcement and Monitoring Charter 2024 
1.0 EXECUTIVE SUMMARY 
1.1 This report seeks the endorsement of an updated Argyll and Bute Enforcement
and Monitoring Charter which is contained at Appendix A.  Enforcement
Charters should be reviewed every 2 years and they must outline what service
we provide to our customers and complainants in relation to breaches and
alleged breaches of planning control.   
1.2 Our Charter outlines a proportionate and pragmatic approach to planning
enforcement to ensure our environment and economy can co-exist and
complement each other.  Effective regulation and enforcement is also essential
to ensure that all developers operate on a ‘level playing field’ and the aspirations
of the Council’s development strategy (contained within our Development Plan)
are turned into reality on the ground.   
1.3 It is recommended that the Committee approve and endorse the updated
Enforcement and Monitoring Charter 2024 (Appendix A)

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ARGYLL AND BUTE COUNCIL  Planning, Protective Services and
Licensing Committee 
Development & Economic Growth  18th September 2024 
Updated Planning Enforcement and Monitoring Charter 2024 
2.0 SUMMARY 
2.1     This report seeks the endorsement of the updated Argyll and Bute Enforcement
and Monitoring Charter which is contained at Appendix A. 
2.2 The Scottish Government stipulates that Enforcement Charters should be
reviewed every 2 years and they must outline what service we provide to our
customers and complainants in relation to breaches and alleged breaches of
planning control.   
2.3 Enforcement is one of the most complex parts of the planning system. Effective
and timely enforcement is essential for public confidence, fairness and natural
justice. The aim of this Charter is to ensure that adopted procedures are fair and
reasonable, and that interested parties are kept informed and are made aware
of what is required. Enforcement is an issue that concerns many members of the
public. 
2.4 The Council’s Enforcement Service contributes to the making of (and more so
the protecting of) our great places and physical environment which is consistent
with the Single Outcome Agreement, the Council’s Corporate Plan objectives
and the Planning Service Plan objectives. 
2.5 The purpose of planning enforcement is to resolve a problem rather than to
punish a mistake. However, the presumption remains that development should
be authorised in advance and the regularisation of development after the event
by retrospective proposals should be the exception, where there have been
inadvertent breaches of control or deviations from previously approved plans, for
example. Any action taken has to be appropriate to the scale of the breach and
we seek to work progressively with customers seeking negotiated solutions
before recourse to formal enforcement intervention. 
2.6 We also undertake strategic monitoring of consents and these may trigger an
enforcement file to be opened and investigated. Given the number of planning
consents and geographic size of Argyll and Bute we cannot strategically monitor
or review all consents. We give priority to major applications, controversial
developments or those in sensitive locations 
2.7 This Charter explains how the enforcement process works, the role of the
Council and the service standards it sets itself. It also explains what happens at
each stage of what can be a lengthy process.

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2.8 The Charter reflects increased levels of fines as introduced by s42 of the
Planning (Scotland) Act 2019. It is noted that the provisions of s43 and s44 of
the 2019 Act will respectively introduce additional powers to utilise Charging
Orders and a requirements relating to the monitoring and reporting relating to
‘Major’ developments. The detail of what this will entail is still not yet known
however as the Scottish Government’s work programme on implementing
planning reform has been delayed by the pandemic. It is considered that it would
be appropriate to undertake a more comprehensive review and update of the
Enforcement and Monitoring Charter at that time if necessary rather than wait for
the two year review period in 2026. 
2.9 Performance reporting measures for Planning Enforcement are set out within the
Development Management Service Plan. The Service Plan includes
commentary which notes an intention to undertake a review of workflow and use
of back office systems for planning enforcement and identifies that this will
provide an opportunity to improve the manner in which data is collected and can
be used for performance reporting purposes. It is intended to commence this
service improvement in FQ3 2024/25 with the intention of providing enhanced
performance reporting on enforcement functions from FQ1 2025/26, it is
currently envisaged that this will also include for an early review of the Planning
Enforcement & Monitoring Charter to ensure that this reflects any
revised/additional performance targets. 
2.10 It is recommended that the Committee:- approve and endorse the updated
Enforcement and Monitoring Charter 2024 (Appendix A) 
3.0 IMPLICATIONS 
3.1 Policy: None 
3.2   Financial: None   
3.3 Legal: None 
3.4 HR : None 
3.5 Fairer Scotland Duty: 
3.5.1 Equalities – Protected Characteristics: None 
3.5.2 Socio-economic Duty: A consistent and proportionate approach to
planning enforcement is essential for natural justice.   
3.5.3  Islands: None 
3.6 Climate Change: None 
3.7 Risk: Reputational risk if planning enforcement is not adequately resourced
or intervention taken.  Development Plan and spatial vision for the Council
would be undermined.     
3.8 Customer Service: Charter defines expected service standards for
planning enforcement customers. 
3.9  The Rights of the Child (UNCRC) - None

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Executive Director with responsibility for Development & Economic Growth:- 
Kirsty Flanagan
Policy Lead:-  Cllr Kieron Green 
10th September 2024                                                  
For further information contact: Peter Bain – 01546 604204 
APPENDICES 
Appendix A – Planning Enforcement and Monitoring Charter 2024