Section 158A Enforcement chartersF1
A planning authority are to prepare an enforcement charter; that is to say, a document in which are set out—
a statement of the authority's policies as regards their taking enforcement action for the purposes of this Act,
an account of how members of the public are to bring any ostensible breach of planning control to the attention of the authority, and
an account—
of how any complaint to the authority as regards the taking by them of enforcement action is to be made, and
of their procedures for dealing with any such complaint.
The Scottish Ministers may issue guidance to a planning authority for the purposes of this section and an authority must have regard to any guidance so issued.
A planning authority must keep their enforcement charter under review and must update and re-publish it—
whenever required to do so by the Scottish Ministers, and
(subject to paragraph (a)) whenever they think it appropriate to do so but in any event within 2 years after last publishing (or re-publishing) it.
When they publish, or re-publish, their enforcement charter, the authority are to—
send two copies of it to the Scottish Ministers, and
place a copy of it in each public library in their district,
and such publication, or re-publication, is to include by electronic means (as for example by means of the internet).
Annotations
Textual amendments
- F1
S. 158A and cross-heading inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 27, 59(2); S.S.I. 2007/130, art. 2(2), sch.
Notes on Part VI
Modifications
- C1
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
- C2
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
- C3
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2