Planning Enforcement Enquiry Information Sheet
In accordance with Midlothian Councils adopted Planning Enforcement Charter the procedure for
reporting a suspected breach of planning control is as follows:
1. To report a suspected breach of planning control you should write to: Planning Enforcement,
Midlothian Council, Planning, Fairfield House, 8 Lothian Road, Dalkeith, EH22 3ZN, or, you
can email firstname.lastname@example.org. Alternatively, you can fill in the form
(overleaf) and return it to the Council at the stated address.
2. All of the below information should be provided. Please note that your enquiry may not be
investigated unless all of these written details have been received:
• the address of the property concerned;
• details of the suspected breach of planning control, including relevant dates when the
works, use, or activity started, finished (if relevant), or whether it is still ongoing;
• your name, telephone number and address;
• an e-mail address if the complaint is submitted electronically;
• information on how the suspected breach harms you or why it is of concern to you;
• whether you wish your enquiry to be treated confidentially*.
*While the Council will do its best to honour requests for confidentiality, it is subject to the
requirements of the Freedom of Information (Scotland) Act 2002 (FOI). In this regard the
most recent rulings from the Commissioner indicate that information received in confidence in
respect to enforcement is exempt from the requirements of the FOI. Requests for total
confidentiality however may limit the ability of the authority to take formal action and cannot
be guaranteed if the case leads to court proceedings.
3. Following receipt of these written details the information provided is checked by the Council’s
Planning section to ensure that it involves a possible breach of planning control and includes
all the details required for a possible investigation. After preliminary checking and
compliance with the requirements for investigation, the complaint will be registered. Once
registered, a written or e-mail acknowledgement will be sent.
4. Please note that a priority system is used for investigating registered complaints. The
breaches of planning control that the Council considers to be of major significance will be
given priority. This is based on matters such as the environmental effects and consequences
of the breach, the significance of the site, and whether the works or activity subject of the
complaint are actively ongoing or not. Giving priority to the investigation of registered
complaints in this manner helps the Council to direct its enforcement resources to what it
considers are the most important enforcement cases first.
5. A copy of Midlothian’s adopted Planning Enforcement Charter can be viewed on the Councils
(Please turn over for enquiry form)