Enforcement
A planning application or other application type is required for most development that is proposed in Scotland, with the exception of some works that are ‘permitted development’. Sometimes, however, developers or householders undertake work without planning permission or fail to keep to the permission they have been given.
Consent is also needed for:
- Most work carried out to a listed building (internal and external)
- The display of most advertisements and signage
- All work carried out to trees in a Conservation Area or covered by a Tree Preservation Order
Sometimes a developer will undertake work without permission or breach the terms or conditions of a permission. This is a breach of planning control. Where a breach has happened, the Council can take enforcement action if it is in the public interest to do so. Not all breaches will result in formal action being taken.
When we investigate an alleged breach, an assessment is made to work out what action, if any, is necessary. In many cases where a breach has taken place, there is no adverse effect on the character of the surrounding area, or on residential amenity. The Council is not obliged to take formal enforcement action.
Where a breach has occurred and action is taken, the Council will normally resolve the matter through negotiation, rather than immediate statutory action. This may involve a retrospective application or a requirement to take steps to address specific problems. In cases where a breach is serious or must be brought under control and it cannot be resolved informally, appropriate formal action will be taken.
Most planning breaches, other than those relating to listed buildings, trees and advertisements, do not initially constitute a criminal offence. There are also a number of issues often perceived to be 'planning matters' over which we have no control.
Development Management will monitor development and other work being carried out to ensure planning requirements are being met, but there is also an important role for the public in alerting us to any problems that may occur. We welcome the reporting of potential breaches by members of the public.
Contact can be made by any of the following means:
- Telephone 01856873535 extension 2504.
- By e-mail.
- By attending the Council Offices, School Place, Kirkwall.
Preliminary enquiries must be followed up in writing to the Planning Control Officer, Development Management, Orkney Islands Council, Council Offices, School Place, Kirkwall, KW15 1NY, or by e-mail.
For all enquiries, the following information is critical:
- he address (or detailed description if no address) of the property concerned.
- Details of the suspected breach of planning control, with times and dates if relevant.
- A contact name and address for the complainant.
- An email address if available or if the complaint is submitted electronically.
- How the breach affects the complainant.
- Whether the enquiry is to be treated confidentially.
Wherever possible we will honour requests for confidentiality regarding any planning enforcement complaint made or information supplied, however it should be noted that it may not be possible to respect such a request in all cases, and the effects of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004, must be taken into consideration.
The Planning Enforcement Charter for Orkney Islands Council is available to download from the ‘Related Downloads’ section of this page. The Charter explains what the Council can and cannot do, procedures of planning control, and the standards of service that can be expected when enquiries are made regarding unauthorised development.
The planning authority is required to keep a public available register of enforcement notices. This register contains information on the address of the property to which it relates, a description of the breach of planning control, the type of notice, date the notice was issued/served, date the notice was originally complied with. The register does not identify complainants. The Planning Enforcement Register is available to download from the 'Related Downloads' section of this page.
