Some home owners and developers who carry out building work without permission in Glasgow are getting away with it and not facing enough court action, a meeting heard.
Councillor Malcolm Cunning said builders displaying a “cock a snook” attitude towards planning rules may only see consequences years later if they sell up, a meeting heard.
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A planning official admitted it is “difficult” to get cases to court.
Residents doing work on their homes, land grabs and seating on pavements are some of the breaches Glasgow City Council has had to deal with.
There have been about 320 cases of people breaking planning rules in the city since April 2020. There have been 52 planning enforcement notices doled out to deal with those - as some are resolved before it reaches that stage
Glasgow planning officer Sarah Shaw admitted it can be “difficult to take it down the line when somebody doesn’t comply with a planning notice.”
Ms Shaw said: “The enforcement notice remains on the title of the property, which can be a problem for somebody when they go to sell their house."
Some of the planning breaches that have taken place since April 2020 in Glasgow:
Breach type: |
Number of breaches founded |
Pigeon loft |
3 |
Land grab |
12 |
Breach of advertisement regulations |
20 |
Householder developments |
102 |
Satellite dishes |
3 |
Short stay accommodation |
57 |
Outdoor seating on pavement |
15 |
Trees in conservation area |
7 |
Windows in conservation area |
6 |
Speaking at the city administration committee last week, she added: “Eventually something can be referred to the procurator fiscal for court action.
“That depends on the courts taking that action. That is a problem for environmental offences generally as well as planning enforcement.”
Describing it as a “frustrating situation,” council officer Tony Trotter said: “We have found over the years it is difficult to get anything to court even if it is has a significant impact.
“The situation is worse with the backlog of cases and competition for court time to get anything into court. It has to be something highly significant before you can move on it.”
The issues came to light when Councillor Cunning raised issues of enforcement of planning breaches when a paper on the matter was presented to the committee.
Labour's Cunning said: “Are we sending out a message to people that actually if you want to cock a snook at the process then the only realistic point at which it may become an issue is five, 15 or 30 years down the line when a conveyancing solicitor is looking at the deeds of a property and says ‘oh there is a problem.’”
He added: "What happens out in the community is the city council gets the blame for things being done and not resolved.
He pointed out it raises questions about the system when the resolution may be beyond the council’s powers when legal enforcement is not available.
He said there have been cases of ATMS being installed without any consent in the city.
A paper on the council’s planning enforcement charter was presented to the city administration committee. It is a public document setting out how the enforcement system works, the role of the planning authority and the service standards it sets itself.
Developments in gardens have been a problem during lockdown according to the paper.
