How to complain – Unreasonable delays or failure to take action.

05/07/2020
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Complaints about the Enforcement Process

You can complain if the timescales for enforcement set out by the Scottish Government[1] and by the City of Edinburgh Enforcement Charter[2] are not being met.

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”.[3]

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:

  1. Case officer investigating your breach of control.
  2. Council complaints process – If the case officer does not resolve the situation to your satisfaction an official complaint can be made here.
  3. Scottish Public Services Ombudsman – If the council does not resolve the complaint to your satisfaction a complaint can be made to the SPPO here.

[1] https://www.gov.scot/publications/planning-enforcement-charter-guide-enforcing-planning-controls/

[2] http://www.edinburgh.gov.uk/download/downloads/id/7181/planning_enforcement_charter.pdf

[3] https://www.gov.scot/publications/planning-circular-10-2009-planning-enforcement/