Planning enforcement charter to give clarity for unauthorised developments in Fife

The document sets out the planning service’s approach to planning enforcement for the next two years and highlights what officers can and cannot do when it comes to dealing with issues that arise.

Planning legislation gives councils power to take action when someone has failed to obtain proper planning permission in advance of carrying out works or changing a property’s use, or when someone has failed to comply with a condition of planning consent.

It is hoped that the charter will improve how quickly and efficiently enforcement complaints received by the council are dealt with, as well as giving greater certainty to those who are subject to any investigations.

Pam Ewen, head of planning at Fife Council, said: “Fife Council planning service is pleased to confirm that the latest version of its enforcement charter has been approved by the economy, tourism, strategic planning and transportation sub committee.

“This latest version of the enforcement charter 2022 confirms the commitment of the planning service to deliver effective enforcement activity to ensure that the built and natural environment of Fife is protected.

“Throughout the charter we set out our service standards which customers of the service can expect.

“The charter sets out how to raise planning enforcement enquiries with the planning service through our online form, as well as providing clarity on issues that are not planning issues that the planning enforcement process can investigate.

“The charter also sets out how we assess the risks and harm associated with unauthorised work and confirms how we make the judgement as to what is an appropriate and proportionate response to any unauthorised development.”

The number of formally logged enforcement enquiries has fallen fairly steadily in recent years, from 756 in 2016/17 to just 443 last year.

However, the council believes this reflects clearer guidance contained in recent versions of the charter which requires enforcement enquiries to be made through an online form accompanied with supporting information to enable the case to be progressed.

Prior to that change, enforcement officers often spent a great deal of time trying to establish details and context for enquiries before establishing whether these were actually enforcement issues.

In addition to the charter, some other changes have been made to the council’s processes – again to streamline the enforcement efforts as much as possible.

Only one letter – as opposed to several – will be issued to an alleged perpetrator after 28 days, and thereafter a decision will be taken to close or proceed with the case.

Any individual subject to an enforcement investigation will also be notified if a case is closed, while they would also be advised that in circumstances where an application should have been sought but no formal action will be taken through enforcement that the work is unauthorised and a technical breach has occurred.

The council’s existing online reporting form and guidance will be reviewed and updated to ensure it is clear and user friendly.