Breaches of planning rules

The Park Authority and local authorities monitor planning permissions that they have granted. Together we have powers to enforce planning conditions if a development does not comply with them, and control development that takes place without the correct permission.

The enforcement register lists cases where we have served enforcement notices.

Our enforcement charter explains how the planning enforcement process works, the role of the Park Authority and the service standards we have set.

Planning enforcement guidance documents

Planning Enforcement Register for the Cairngorms National Park

HTML version

Download PDF

This document contains an updated planning enforcement register from December 2023. It lists several enforcement and temporary stop notices issued between 2011 and 2024 for various properties, detailing breaches like unauthorized land use, construction, signage, and boundary wall alterations. The register outlines the actions required to comply with the notices, the deadlines for compliance, and the outcomes, which range from notices being complied with or withdrawn, to appeals being submitted or dismissed, and applications being approved. The document includes details of several properties and outlines the steps necessary to meet the planning regulations.

Please be aware that this summary has been generated using AI.

Planning Enforcement Charter for the Cairngorms National Park

HTML version

Download PDF

This document contains an updated (November 2024) Planning Enforcement Charter for the Cairngorms National Park. It explains the planning enforcement process, including the roles of the Cairngorms National Park Authority (CNPA) and local authorities. The charter aims to ensure fair, reasonable, consistent and accountable procedures. It clarifies what constitutes a breach of planning control, how to report it, and how investigations are prioritized. The document also details formal enforcement notices, service standards, how to make complaints, and provides contact information for relevant planning authorities. Furthermore, the document contains information on enforcement powers available to planning authorities, types of notices, control of advertisements, tree protection, and other powers.

Please be aware that this summary has been generated using AI.

Which authority do I report to?

The Cairngorms National Park Authority is a call in authority. Applications within the National Park boundary will only be dealt with by the Park Authority if the application poses issues of significance to the National Park aims. Applications not dealt with by the Park Authority are determined by the relevant local authority.

If the breach falls into one or more of the following categories, then it is likely the Park Authority would be the lead authority for determination and enforcement.

• Tracks, hill tracks, estate tracks, footpaths and those which could have a potential impact upon important natural and cultural heritage interests and / or sites of particular landscape sensitivities.
• Wind turbines, hydro schemes or large solar panel farms.
• Minerals applications - quarries and borrow pits.
• Housing - five or more residential units within a settlement.
• Housing - three or more residential units outside a settlement.
• More than 250m² gross floor area, or 0.25ha, of employment space outside settlements.
• Listed building consent applications that involve major external or internal changes or are otherwise linked to an application of type 1.
• Conservation area consent applications linked to another application of type 1.

If the breach does not fall into one of the above categories, then it is likely that the relevant local authority will be the lead authority and therefore should be notified. If you are unsure who to inform, please contact our Planning team who will determine the above and pass the case on to the relevant authority.

What do I need to report a breach?

If you decide to report a suspected breach, the planning authority will need:

• The address of the property concerned.
• The name of the owner of the property and if you know, the person responsible for the suspected breach.
• Details of the suspected breach of planning control, with times and dates if relevant.
• Your name, telephone number, address and if possible, email address.
• Information on how the breach affects you.