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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 5 May 1st 2009 

CAIRNGORMS NATIONAL PARK AUTHORITY 


FOR DECISION 

Title: CNPA PLANNING ENFORCEMENT 
CHARTER 

Prepared by: Bruce Luffman – Enforcement Officer 

Purpose 

This report is to formally seek the Planning Committee’s agreement 
to adopt a Planning Enforcement Charter for the Cairngorms 
Nation Park Authority (CNPA) that is required to be prepared 
under the Planning etc. (Scotland) Act 2006. The CNPA has to 
ensure that its policy towards enforcement underpins a valued 
approach to delivering an effective planning function across the 
whole Park. 

Recommendation 

That members of the Planning Committee accept the Planning 
Enforcement Charter as set out in Appendix 1 of this report. 

Summary 

Section 158A of the Planning etc. (Scotland) Act 2006 (The Act) 
requires planning authorities to prepare an enforcement charter. 
This document sets out the CNPA’s service standards on taking 
enforcement action and details of how members of the public are 
able to bring possible breaches of planning control to the CNPA’s 
attention. It further details how a complaint should be made to the 
CNPA and the process of feedback in relation to any enforcement 
action taken by the CNPA. 

There will be an Enforcement Register kept at the Ballater and 
Grantown on Spey offices for public inspection. 

This charter will be reviewed and updated and any new versions 
will be re-published and kept at both CNPA’s offices; local public 
libraries and electronically through the CNPA’s website. This will be 
necessary as new enforcement powers become available under 
the Act. 

PAGE 2

Background 

1. Under 158A of the Planning etc. (Scotland) Act 2006 a need was 
identified for planning authorities to have an Enforcement 
Charter. 

2. This Charter explains how the enforcement process works, the 
role of the CNPA as the Planning Authority and the service 
standards it sets itself. It also explains what happens at each 
stage of what can be a lengthy process. 

3. The public have an important role to play in the monitoring of 
planning control policies and conditions and this charter should 
give them confidence to know how to contact the CNPA with 
any concerns regarding development control in the Park area. 

4. This enforcement charter covers only the ‘called in’ applications 
by the CNPA Planning Committee but a protocol will be defined 
with the current 4 Councils in the Park area for addressing issues 
of planning control enforcement that may impact on the 4 
statutory aims of the National Park. 

5. The Act also requires that the charter is made readily available 
for members of the public at public libraries. To achieve that, the 
charter will be available at both the Ballater and Grantown on 
Spey offices as well as local public libraries and electronically on 
the CNPA website. 

6. Further powers of enforcement were written into the Act for 
planning authorities so that there was a balance between 
permitting radical changes in some aspects of the Town & 
Country Planning (Scotland) Act 1997 and the need to make 
sure that development control policies were not abused. These 
extra powers are yet to be implemented by the Scottish 
Government but the likelihood is early next year. 

7. The Act says that the enforcement charter must be kept under 
review by planning authorities and be updated when it is 
thought appropriate but in any event within 2 years of the last 
publishing. 

8. Whilst this paper is centred on the agreement of the Charter, 
there is a need for a discussion in the near future by the CNPA 
Planning Committee on the issue of the process of delegation for 

PAGE 3

implementing the enforcement procedures. Under the existing 
Act and even more pertinently under the 2006 Act, there will be 
a need to be able to react quickly in terms of enforcement. This 
will require delegation to officers and a process of reporting 
back to the Planning Committee on an agreed and regular 
basis. 

Recommendation 

That members of the Planning Committee accept the Planning 
Enforcement Charter as set out in Appendix 1 of this report. 

Bruce Luffman 
21st April 2009 
bruceluffman@cairngorms.co.uk