Planning Controls have been developed over the years to protect both the natural and built environment and to ensure that the uses of land and buildings are appropriate.  Some of the activities controlled by planning legislation are:

- Building works: e.g. new buildings, extensions to existing buildings, fences, walls, outbuildings

- Works to Listed Buildings

- The Display of Advertisements

- Changes of Use: e.g. Turning a house into a shop, using former agricultural land as a garden

- Untidy Sites that Affect Public Amenity

In many cases planning permission is required before such activites are carried out although legislation also allows for a number of activities to be carried out without planning permission (this is known as Permitted Development)

Activity carried out without the required planning permission or the failure to comply with a condition of a planning permission that has been granted is a breach of planning control.

It follows that if we have controls then we need a way to repond if those controls are infringed.  This Council places a high importance on dealing with a breach of planning control and employs a number of Planning Enforcement Officers whose role is to investigate reported breaches and take action where it is appropriate.

How do I make a complaint?

You should write to the Development Director at Causeway House.  Give as much information about the development or activity that you believe is a breach of planning control.  You should also provide your name, address and telephone number so that you may be kept informed of the outcome of your complaint.

Alternatively you may telephone one of the Enforcement Officers on the telephone numbers shown on our Meet the Team Page or discuss your problem with your local councillor who may take up the matter on your behalf.

Will my complaint be treated in confidence?

YES.  Your name and address will not be disclosed to the person whom you have complained and a Planning Enforcement file is not a document to which the public have access (unlike a planning application).

If the activity about which you have complained becomes subject of a planning application you may make representations or comment about the application.  If you make such respresentation or comment on a planning application this is open to public examination and cannot then be treated in confidence.

What happens Next?

You will recieve a written acknowledgement of your complaint and and Enforcement Officer will be allocated to investigate.  An Officer will visit the site of the alleged breach of planning control within 20 working days, although in practice this is often far shorter.  In some cases, mainly where unauthorised works to a Listed Building are taking place, a visit is undertaken immediately or within a few days.

The Enforcement Officer then determines whether a breach of planning control has occurred.  The Council then decides what action, if any, should be taken, this often involves seeking legal advice.

A breach of planning control has occurred - what action is taken?

a) The breach of planning control may be such a comparatively minor nature that no action is merited.

b) Even where planning permission is required it must be remembered that, except for unauthorised advertising or works to a Listed Building, it is not a criminal offence to build something without planning permission or otherwise breach planning controls.

It is therefore still open to the Council to request that a planning application be made to regularise the matter, this does not infer that permission will be granted because it is still open to public representation and consultation with various statutory bodies (e.g. Highways Authority or Environment Agency).

c) The breach of control is such that an Enforcement Notice should be served.

If there has been a breach of planning control why is no action taken?

The fact that there is a technical or minor breach of planning control is not in itself sufficient reason always to take enforcement action.  Government guidelines state that enforcement action should only be taken when the breach is unacceptable on planning grounds and it is in the public interest to pursue enforcement proceedings.  It would be a poor use of public money to take lengthy and expensive legal action to prevent an activity that would be given planning permission if it were the subject of an application, and would also be unreasonable to an applicant.

An enforcement notice is served, what happens now?

Except in the case of works to a listed building or a breach of Advertising Regulations, it is not an offence to infringe planning controls.  An enforcement notice will require the owner/occupier of a property or land to cease whatever activity was taking place or remedy any unauthorised building works.  The notice will stipulate a time by which it must be done and only if the person responsible fails to comply with the requirements of the notice does it become a criminal offence which can be tried in the Magistrates Court.

There is a right of Appeal against an enforcement notice to the Planning Inspectorate.  An Inspector will decide whether the enforcement notice should be upheld, varied, or quashed.  If the notice quashed then no further action can be taken by the planning authority.  If it is upheld or varied then the person responsible must comply with the notice or risk prosecution.

If an appeal is made then the notice does not take effect until the Inspector has given a decision which may take some time.  During this time the planning authority cannot prosecute for failure to carry out the requirements of the notice.

My neighbour has broken a "Restrictive Covenant" - is this a breach of planning?

NO.  Often, when property or land is sold a restriction is written into the contract of sale that stops an owner from building or doing things e.g. no fences at the front; not to use a property for a commercial enterprise of any sort.  this is a civil and legally binding contract between persons and does not constitute a breach of planning control in itself - any action for a breach of covenant must be taken through the civil court by those persons bound by the contract.

What if the Planning Enforcement department cannot help?

There are other agencies that can often help with problems which fall outside of planning control.

Matters relating to the use of the public highway may be dealt with by the Highways Authority at Essex County Council, or the local police.

Noise, pollution, fly-tipping and abandon vehicles on the highway may be dealt with by the Environmental Services Department of Braintree Council which is also based at Causeway House.