Enforcement Notices
Types of notices
Planning contravention notice
This is a preliminary notice which tells people of a breach of control and enables the council to ask about land ownership, unauthorised activities and changes of use on the land.
Planning enforcement notice
This is the notice to deal with most unauthorised development. The notice will specify the time when the notice becomes effective and it will specify the steps and timescale to correct the breach. The person in breach, however can appeal before the notice takes effect thus suspending the notice until the Secretary of State determines the appeal.
Breach of conditions notice
The council will serve this notice when a developer has failed to comply with conditions attached to planning permission. The notice will specify the steps necessary to comply with the conditions. There is no right of appeal against this notice because there is a right of appeal against conditions imposed when the council grants consent and the applicant ought to have appealed then.
Injunctions and stop notices
Used in exceptional circumstances where the council considers it necessary to restrain any breach. However, this method is open to legal challenge which can seriously delay outcomes.
Untidy land notices
The council can serve a notice on the owner of any land or building which is in an unreasonably untidy condition and we consider has an adverse affect on the amenity of the area. The notice specifies what needs to be done to correct the situation.
Advertisements - (discontinuance notice)
People can display some advertisements without prior consent but the council can prosecute where these are unsightly or threaten road safety.
Breaches of the building regulations
The council will take proceedings where building work contravenes any provision contained in the building regulations that is prejudicial to health and safety. A notice may require the owner to pull down or remove the work, or make necessary alterations to make the work comply. In addition there is also the possibility that the offending party could receive a fine for contravening the building regulations.
Dangerous buildings notice and notices under the Building Act 1984
The council serves these notices where buildings or structures are dangerous, ruinous or dilapidated or require demolition.