The Scottish Government is consulting on new regulations that will give councils more alternatives for dealing with breaches of planning outside of court – including new powers to levy fines where individuals or businesses fail to comply with enforcement action. 

The Planning (Scotland) Act 2006 introduced a number of new powers enabling local authorities to take enforcement action on unauthorised developments and breaches of planning control. Under new proposals developers who fail to comply with an enforcement notice could be served with a £1,000 fixed penalty, and with each subsequent breach and enforcement notice the fixed penalty notice would be increased by £500 up to a maximum of £5,000. 

Stevenson said: "Enforcement has a fundamental role in the operation of an effective planning system. 

 "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." 

The consultation can be viewed at: http://www.scotland.gov.uk/Topics/Planning/Modernising