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Planning Enforcement

The process of carrying out ‘development’ (e.g. house extensions, changes of use, outdoor advertisements) should involve the owner or occupier in checking whether planning permission is necessary, and if so, then making a planning application and obtaining planning permission before the development commences. Unfortunately however, some developments take place without first having the necessary planning permission.

The overall aim of Planning Enforcement is to complement the normal planning application process by ensuring that such development is brought under planning control, and only remains if it has been assessed and found acceptable.

Other matters which are pursued are breaches of ‘conditions’ attached to planning permissions, (imposing restrictions or requirements); and obtaining improvements to derelict land and buildings which are unsightly.

The process involved

Certain developments (in particular some house extensions, and occasionally industrial extensions) can qualify for an automatic planning permission granted by the planning legislation, provided that certain criteria are met (‘permitted development’). However, upon confirmation of a Breach of Planning Control (breaking planning regulations) wherever possible the Council will attempt to resolve the breach by negotiation and voluntary action rather than instigating formal or legal action. This is often successful. It normally includes providing an opportunity to the owner or occupier to seek planning permission retrospectively.

However, if insufficient progress is made, formal action is taken, principally under the Town and Country Planning Act 1990. Such action will also be necessary if a planning application has been refused and the development is not removed or altered voluntarily. This legislation provides planning authorities with powers to investigate and to issue various notices in relation to breaches of planning control;

  • Planning Contravention Notice – Issued to formally require information related to a suspected breach.
  • Enforcement Notice –Used to require removal or modification of developments such as unauthorised construction works and changes of use.
  • Stop Notice – Used in circumstances where the continuation of unauthorised development, pending normal enforcement notice and appeal procedures, is extremely harmful.
  • Breach of Condition Notice – Used when conditions are not complied with e.g. restriction on hours of use, or a requirement to draw up and carry out a landscaping scheme.
  • Section 215 Notice- Used to require improvements to the appearance of derelict land and buildings, when its poor maintenance seriously harms the surrounding area.
  • Commence Prosecutions – In respect of unauthorised outdoor advertisements or works to Listed Buildings, as these involve prosecutable offences.

Resources do not allow all cases to be given equal priority. Some matters may cause considerably more harm to the environment, public safety, residential amenity, or heritage buildings, than others.

What we dont do

Please note that the Planning Enforcement Team does not investigate;

  • Neighbour disputes
  • Land boundaries or ownership disputes
  • Works to party walls
  • Use of , or development on, highways, pavements or verges.
  • Dangerous structures
  • Fly-tipping
  • Graffiti

Reporting a suspected breach of planning control

If you are concerned about something which you suspect involves a breach of planning control (breaks planning regulations) you can report it for investigation by filling in the form which is accessible through the link below. Please fill out the form in as much detail as possible. We will then endeavour to provide a response by telephone, email or letter within 15 working days.

Once the complaint has been logged, you will be notified of the officer dealing witht he case and provided with their contact details. Whilst officers endeavour to keep you informed of investigations, due to the large caseload of each officer, you can contact them at any time to disciss the case.

This link will take you to our live planning interactive service, use the quick links to access the report a breach of planning control form, please fill out the form in as much detail as possible.