A Guide to Planning Enforcement
Breaches of Planning Control
Most breaches
of the planning rules are brought to our attention by neighbours or
as we monitor development in progress. There is a procedure
established for investigating such complaints. If you wish us to
investigate an apparent breach of control, please contact us and set
out the circumstances.
- Allegations that development has been carried out without
planning permission will be recorded individually. We will
acknowledge any complaint made in writing within three working days
of receiving it and the complainant will be given the name of the
officer dealing with the case.
- Investigation will begin as soon as possible although priority
will be given to those alleged breaches, such as unauthorised
building works or alterations to a Listed Building which need to be
dealt with quickly before work becomes too advanced.
- If the investigation shows that no breach of planning control
has taken place the complainant will be informed of this within one
week of the investigation file being closed.
- Where it is not possible to find out whether a breach of
planning control has taken place, we may issue a "planning
contravention notice" requiring information on precisely what is
taking place and an explanation as to why no planning permission
has been sought. The complainant will be kept informed of any
response we receive to the notice.
- Where it is clear that a breach of planning control has taken
place, but that the unauthorised work is not considered to be too
harmful, we may invite a retrospective planning application. This
has the advantage of allowing us to get full details of the work
that has taken place and consult neighbours before making a
decision. It is also in line with Government advice. It may be
possible to make amendments or impose conditions, which overcome
the concerns of neighbours. Once an application has been submitted
it will be treated on merit like any other application.
- If an application is not submitted, we will decide whether or
not an Enforcement Notice should be served. If, for instance, the
unauthorised development is considered not to cause any material
harm, then enforcement action is not appropriate. If the decision
is not to proceed with enforcement action, we will write to the
complainant and explain the reasons.
- The name and address of any complainant will be kept
confidential to the Council, although if you make representations
on any subsequent planning application these will be available for
the public to read.
Formal Enforcement Action
- Enforcement Notices are documents served by the Council which
usually require the use of the land to stop and/or any buildings or
structures that do not have planning permission to be removed. The
Council must find out the names of all the owners and occupiers of
the property and make sure they are served a Notice. The Notice
itself has to be precise as to what action the Council wants taken
and by what date. There are rights of appeal to the Secretary of
State for the Environment and the Notices can be challenged if they
are inaccurate.
- When conditions imposed on a planning permission are being
disregarded, the council can serve a "Breach of Condition Notice"
on the developer or occupier. If this is not complied with, we can
take legal action. There are no rights of appeal to the Secretary
of State against a Breach of Condition Notice. Where appropriate
the Council will use this procedure in preference to the service of
Enforcement Notices.
- We will advise the owner and/or occupier of the land affected
in writing of the Council's decision, and invite them to remedy the
breach before the notices are served.
- The complainant will be informed when the enforcement notices
are served, what action they require and when the period for
compliance runs out.
- The complainant and neighbours will be advised of any appeal
that is lodged against an Enforcement Notice and the grounds upon
which the appeal has been made. They will then be able to make
further comments to the Planning Inspectorate, although at this
stage the names and addresses cannot be kept confidential.
- If the unauthorised development remains in place after the
Enforcement Notices become effective, the Council will start legal
action as soon as possible and the complainant will be kept
informed of the outcome of any prosecution. As a last resort the
Council will consider carrying out works itself to remedy the
breach.
