Complaints about the Enforcement Process
You can also complain if the council chooses not to take action against a breach of planning control which is affecting you: “Planning authorities should be aware that failure to take enforcement action against a breach of planning control could be subject to a referral to the Scottish Public Services Ombudsman”.
The enforcement process is not a quick one. You can help the process by continuing to report the issues you are having with the unauthorised let(s).
Service Standard relating to breaches of Planning Control
- 5 days – Complainant should receive an acknowledgement of the complaint made with reference number and contact details for the investigating officer.
- 20 days – Complainant should be advised of the proposed action to be taken. This may include the need for additional investigation.
- 4-6 weeks – If there has been no progress, complainants will receive a communication explaining the delay.
- 3 months (or 6 months for Short Stay Visitor Accommodation) – The planning authority will aim to serve the enforcement notice within this time.
- If an appeal is submitted by the business owner, the original complainant will be informed within 5 working days of receiving the appeal.
Making a complaint
If this Service Standard is not being met a complaint can be made to the following individuals:
- Case officer investigating your breach of control.
- Council complaints process – If the case officer does not resolve the situation to your satisfaction an official complaint can be made here.
- Scottish Public Services Ombudsman – If the council does not resolve the complaint to your satisfaction a complaint can be made to the SPPO here.