Greater powers will be afforded to councils to implement a host of alternative fines to developers who flout the Enforcement Notices and Breach of Condition Notices.
The Scottish Government is now in consultation to deliver new Fixed Penalty Notices, which will ensure fines and prosecutions are pursued. The move is in acknowledgement of the difficulties suffered by the council in trying to implement the 1997 and 2006 act, which were found to be lengthy, costly, and rarely guaranteed an actual prosecution. The failures, which the Scottish government is seeking to rectify, are that in many cases offences go unpunished creating a perception that the planning enforcement system lacks credibility, undermining public confidence in the planning system.
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The executive believes the introduction of the £1000 fine for a Fixed Penalty Notice will have a significant deterrent effect, particularly for minor breaches, as the developer would be aware that the planning authority will be more likely to take action. The new act also includes a subsequent £500 fine for every Breach of Condition Notice, up to a maximum £5000. This proposal has been designed to ensure rogue developers comply as quickly as possible with the legislation.
Scottish Infrastructure Minister, Stewart Stevenson, said: "Councils have expressed concern that prosecution is a lengthy and expensive process, with no guarantee that the desired outcome will be achieved.
"Fixed penalties notices will give councils an effective tool to deal with those who persistently flout the law, as well as safeguarding quality of life in Scotland's communities."
(DW/SP)
