We recently updated two of our customer service charters. These refreshed charters set out the service we aim to provide and what happens at different stages of the planning process.
From 1 October 2022 retrospective planning applications will be subject to a 25% surcharge
Reduced fees: some fees for not for profit or social enterprises can now receive a 25% discount
Below is a summary of the changes:
Retrospective Applications
A retrospective application is an application for planning permission for a development which has already commenced or has been completed without planning permission.
Retrospective applications often result from Enforcement enquiries but can also be the result of other factors. A surcharge on retrospective applications is being introduced to provide a means of recovering some of the costs of carrying out enforcement investigations.
From 1 October 2022, Edinburgh Council will be imposing the maximum 25% surcharge allowed by the regulations.
As an example, an average householder application for a summerhouse in retrospect, would mean the normal application fee of £300 plus a further 25% (£75).
If you are submitting a retrospective application, it is important that you highlight this at the time of submission.
The surcharge will not be calculated when an application is submitted on e-planning.scot. This is because e-planning is a national service which does not consider individual charges by local authorities. This will mean that the extra fee will be requested when your application is registered. If the required surcharge is not paid, your application will not be progressed to determination.
Reduced Fees
Starting immediately, Edinburgh Council will reduce the fee by 25% for applications which relates to development which
has the primary purpose of contributing to a not for profit or social enterprise
relates to development which is likely to contribute to improving the health of residents in the area to which the application relates.
Applications must meet both the above criteria to be considered for an exemption.
The amount levied will depend on the type of application. For example, a £300 fee would be reduced to £225.
The full statutory fee should be paid when the application is submitted. The Council will make a decision on receipt of an application as to whether a 25% reduction is applicable and will refund the applicant accordingly.
Prospective applicants should make clear in their supporting information if they are seeking a reduction in the application fee.
Clear justification should be given for why the applicant believes that a reduction in the fee is applicable.
We recently published an updated Planning Enforcement Charter which explains the Council’s approach to investigating potential breaches of planning control. The enforcement charter is updated every two years and was recently reviewed by Committee in early December to outline the key changes.
The Charter provides useful information on what a breach of planning control is, how to report potential breaches to the Council, how we will carry out investigations, and what the possible outcomes of an investigation might be. The Charter also explains that the purpose of planning enforcement is to try and resolve breaches and mitigate any harm being caused, however, if a breach cannot be resolved through negotiation the Council may take formal action and in the most serious cases this can lead to fines or prosecution. The enforcement investigation process is summarised in the flowchart below.
Members of the public have an important role in bringing potential breaches to our attention and this is reflected in the high number of enquiries we receive each year. When reporting a potential breach it is important to provide as much information as possible. This can include copies of any relevant photographs and should include a description of how you are affected by the breach – your identity will not be disclosed during the course an investigation.
As explained in the Charter, it may not be proportionate or necessary to pursue minor breaches where there are no unacceptable impacts, and enquiries which involve listed buildings and conservation areas, short term lets, protected trees and serious harm to residential amenity will be a priority for the enforcement team.
We hope you find the Charter useful and informative. Further information on how to report a potential breach is available on the Council website and you can view enforcement enquiry records via the planning portal.
To visit our planning and building standards charters, please click here.
Planning Edinburgh 
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