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Planning Enforcement

Enforcement
The purpose of planning enforcement is to regulate development that has been undertaken without the benefit of planning permission. If planning permission has been granted, it may be necessary to instigate enforcement action to ensure compliance either with the approved details or to comply with a planning condition. If you wish to make a complaint regarding unauthorised development, please contact the Planning Enforcement Team on 01495 355513.

1. What do we do?

The team investigates allegations of breaches of planning control including
(a) unauthorised development, or uses;
(b) unauthorised works to a listed building - both internal and external works;
(c) unauthorised display of advertisements; and
(d) non-compliance with conditions of planning permissions.

2. What is the extent of planning controls?

Planning controls relate to any development. The definition of 'development' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land".

3. Do you require planning permission for all development?

No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the Planning Control Section to find out if you need planning permission before commencing any development.

4. Is it an offence to undertake development without permission?

No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.

5. Is it an offence to undertake works to a listed building?

Yes, if these works are considered to affect the character and integrity of the building.

6. Is it an offence to display an advertisement without consent?

Some advertisements are exempt from the need for advertisement consent. They are considered to enjoy deemed consent. The display of any advertisements that do not enjoy deemed consent is an offence.

7. What happens if a condition of a planning permission is not complied with?

The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence may be prosecuted in the magistrates court with a penalty of a significant fine.

8. What information is required for an alleged breach to be investigated?

• Address of land or building where breach alleged
• Details of alleged breach
• Complainant contact name and address
• Any additional relevant information/other interested parties.

9. How do I report an alleged breach?

By contacting the Planning Enforcement Team on 01495 355513 or alternatively the Planning Applications Teams on 01495 355555.

10. What action is taken where a breach of planning controls is found to be occurring?

Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen: 

• Negotiate a satisfactory solution
• Seek a retrospective planning application
• If no application is forthcoming or the breach is serious then an enforcement notice may be issued

In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities.

11. Is there a period after which development becomes immune from enforcement action?

Yes, the period within which planning enforcement action can be taken is limited to:

• 4 years for built development and change of use to self contained dwellings
• 10 years for all other changes of use and breaches of conditions

If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.

All of the above advice is a brief overview of the law. You are advised to contact the Council before proceeding.