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Planning etc. (Scotland) Act 2006

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This is the original version (as it was originally enacted).

Enforcement charters

27Enforcement charters

After section 158 of the principal Act insert—

“Enforcement charters
158AEnforcement charters

(1)A planning authority are to prepare an enforcement charter; that is to say, a document in which are set out—

(a)a statement of the authority’s policies as regards their taking enforcement action for the purposes of this Act,

(b)an account of how members of the public are to bring any ostensible breach of planning control to the attention of the authority, and

(c)an account—

(i)of how any complaint to the authority as regards the taking by them of enforcement action is to be made, and

(ii)of their procedures for dealing with any such complaint.

(2)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.

(3)A planning authority must keep their enforcement charter under review and must update and re-publish it—

(a)whenever required to do so by the Scottish Ministers, and

(b)(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.

(4)When they publish, or re-publish, their enforcement charter, the authority are to—

(a)send two copies of it to the Scottish Ministers, and

(b)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).”.

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