Planning Enforcement response

Planning Enforcement response May 2022

As you may be aware, since March 2020, the Scottish Government has encouraged a relaxation of planning control where doing so can help businesses and services to diversify and continue to operate within our communities during the pandemic. This broad approach of relaxing control is to continue until the end of September 2022 as part of the national response to Covid. This further period reflects that there remains a need to help businesses and services to operate and to recover as best they can.

This is the context in which planning enforcement has been operating for the last 2 years. We are required to take a relaxed approach to enforcement which balances the need to provide business support and economic recovery with calls to take action against unacceptable developments. As a consequence cases are taking longer than normal. In the case of the 4 examples the current position is:

Black Rooster - enforcement notices were served on 21/11/2021 and became effective on 27/12/2021 with a six month compliance period. The served parties have until 27/06/2022 to comply with the notice. We have no remit to require updates on their intentions. However we have further powers available to secure compliance should a notice not be complied with.

Los Argentinos - enforcement action has been authorised but we want to ensure that any action will not be at the expense of the viability of the business. This means finding a timescale for the works that are reasonable in the circumstances. The preparation of the notices is also complicated insofar as identifying those who have an interest in the premises as we need to ensure that we serve on all parties with an interest in the land. Investigations to-date suggest that there are multiple interests in the property but investigations are continuing.

Happy Hot Pot, 41 South Clerk Street - A retrospective application (application reference: 20/03576/ADV) was refused on 12 November 2020 as the signage was unsympathetic to the character of the surrounding area and listed building and was visually obtrusive. The case officer for the enforcement investigation has informally agreed a resolution with the business owner which addresses the reason for refusal, involving: - Removal of the red plastic fascia on the front elevation;
- Removal of the one menu box on the front elevation;
- Removal of the four black coloured signs on the front elevation;
- Removal of the one projecting 'BBQ Hot Pot Noodle' sign from the front elevation;
- Installation of individual letters at fascia level (with an appropriate level of illumination); and
- Retention of the sign on the side elevation.
The signage company had previously advised that this work was due to be completed by the end of March 2022. The company have been asked to provide an update on why the work has not been completed within the agreed timescales. If they do not respond, the next stage for us will be to move to formal action

Salisbury Hotel (Sofia's Lounge} 43 - 45 Salisbury Road - the enforcement approach to outdoor seating areas for the hospitality industry was agreed at planning committee on 23/2/22. This requires that all such structures either obtain permission or they will be removed 07/10/2022. As the structure here is the subject of an enforcement notice, we will taking steps to ensure that it is now removed by 7 October in line with the recent planning committee paper.

I hope this information is useful in explaining the context in which we are working and also to show that we are pursuing action where it is appropriate to do so. If there are other cases that are causing you concerns please do not hesitate to contact me.

Kind regards

Kevin