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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 1 June 12th 09 

CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: CNPA PLANNING ENFORCEMENT CHARTER 

Prepared by: BRUCE LUFFMAN 
PLANNING ENFORCEMENT OFFICER 

Purpose 

This report formally seeks the Planning Committee’s agreement to adopt a Planning 
Enforcement Charter for the Cairngorms National 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 and note the review of conditions in Decision 
Notices and a future discussion on delegation of enforcement procedures. 

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. 


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This charter will be reviewed and updated annually and any new versions will be republished 
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. 

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. It will be the intention of the CNPA 
to update the register on an annual basis. 

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8. Consideration will be given for the production of a brief pamphlet which will be 
made available to the public which will explain in a less technical manner the 
intention of the Enforcement Charter and how the public can become involved. 

9. 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 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. 

10. There will also be a review of the conditions that are set out for planning 
permissions in the Decision Notices so that the CNPA can have a more 
consistent approach; an ease of monitoring and a better response for compliance 
from successful applicants. 

Recommendation 

That members of the Planning Committee accept the Planning Enforcement Charter as 
set out in Appendix 1 of this report and agree to the review of conditions in Decision 
Notices and a future discussion on delegation of enforcement procedures. 

Bruce Luffman 
04 June 2009 

planning@cairngorms.co.uk