How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13780
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

This is a Planning issue: If a property is under ongoing

This answer was rated:

This is a Planning issue:
If a property is under ongoing enforcement by a council's planning department because of breach of planning content, can they apply for an expansion of their operation whilst the enforcement procedure is ongoing? The new planning application in question serves to expand the existing operation which is under enforcement. I would think that the application should not be allowed until the enforcement procedure has finished.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 months ago.
That will be fine.

I am a solicitor in Scotland. Do you mean a retrospective planning application which would be intended to cure the defect that resulted in the enforcement notice being served?

Customer: replied 2 months ago.
No. That has not happened so the property is still with the council's enforcement officer. The original planning consent was for a falcon facility with a stipulation that it was always going to be a hobby only, and ancillary to the house. The new owners turned it into a large scale operation with 80-100 falcons. Because of the noise arising from the activities of such a large facility which is clearly not a hobby anymore, we reported it to the council last year. That's how it turned into an enforcement case.
Two weeks ago, the facility in question put in a planning application for a new bird breeding barn and two flying aviaries. So these would be additional to the ones under dispute. We think that the council should not have accepted those application before the enforcement case has been resolved. Our local council is short staffed and the case officer for the new planning application may not have picked up on the enforcement case.

They can I take the applications but your objection should make it clear that there is a realty enforcement issue and that would be taken into account but the council officer reporting on the application. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13780
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you