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.

Enforcement Complaint Form  (73.93 KB)	Use this Form to Record all Alleged Breaches of Planning Control
Planning Enforcement Policy  (470.99 KB)	A Guide to the District Council's Planning Enforcement Policy

• 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.