As an integral part of the Planning system, Planning Enforcement plays an important role in monitoring development and investigating potential breaches of planning control.

The integrity of the development management process depends upon the planning authority's readiness to take effective enforcement action.

The  Planning Enforcement Charter for Dumfries and Galloway [68kb] is available to download.

The Council, as the local planning authority, has powers to investigate unauthorised developments and take appropriate remedial action where necessary. Breaches of planning control can take a number of forms, including:

• Work being carried out without the benefit of planning permission
• Unauthorised changes of use of land or buildings
• Breaches of conditions attached to planning permissions
• Unauthorised works to Listed Buildings and buildings in Conservation Areas

When the Council investigates a breach, an assessment is made to determine 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. In these circumstances the Council will normally avoid taking enforcement action simply to regularise a development.

The Council will usually attempt to remedy unauthorised breaches through negotiation, rather than immediate statutory action. This may involve the submission of a retrospective application or a requirement to take steps to remedy specific problems with a development.

In cases where the breach is serious and has a detrimental impact on the character or amenity of an area or building, the Council can serve an Enforcement Notice.

Where the breach is particularly severe a Stop Notice may be served in conjunction with the Enforcement Notice, requiring immediate cessation of the unauthorised activities.

Failure to comply with these Notices constitutes a criminal offence, and the Council can report the matter to the Procurator Fiscal.