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Draft planning enforcement regulations
The draft regulations provide a new range of enforcement powers to local authorities.
Fixed penalty notices are proposed to allow planning authorities to address breaches of enforcement notices or condition notices. The offending party would have the option of paying a fine rather than face court proceedings and a scale of fines could be introduced with higher fines for the most persistent offenders.
Breach of enforcement notices would start at £1000 for the first offence and rise in increments of £500 for instances of continual non-compliance, but would not exceed a fine of £5000.
Breach of condition notices would start at £100 for the first offence and rise in increments of £30 for instances of continual non-compliance, but would not exceed a fine of £300.
A developer would be required to inform a planning authority of the date in which consented development commenced and enforcement action could be considered if such notice was not submitted. For the largest development projects, notices would need to be displayed on site during the development phase.
A developer would also be required to supply planning authorities with a Notice of Completion.
Response
Source: Scottish Government
Deadline: February 2008
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