About planning enforcement

If you have been contacted by the Planning Enforcement Team about a potential breach of planning control, officers will talk you through the process of their investigation and what they need from you as part of that process.

Officers will try to negotiate to resolve the problem. The majority of the enforcement investigations are resolved without the need for formal enforcement action.

You will be normally be encouraged to discuss the matter with officers and given advice on whether planning permission is likely to be granted for the development. We may ask you to submit a planning application and provide you with a timeframe to do this. If you continue to carry out the works before the application is processed, you do so at your own risk.

Some breaches will amount to an outright criminal offence, in these cases it is likely that you will be invited to attend the Council offices for an interview under caution. You will receive a written invitation providing you with a date and time for the interview. Officers will not discuss the offence with unless you are under caution. You are always advised to seek independent legal advice in these instances.

During the course of the investigation, it may be necessary for more information to be sought in order to decide whether there has been a breach of planning control and to be able to properly advise you. In such case, a formal notice may be served requiring you to answer questions about the matter under investigation.

If a formal notice is served requiring information from you, it is a criminal offence not to complete and return the questionnaire within the given timescale, usually 21 days.

If formal notices are served, the owner, occupier and/or developer will be advised on the likely course of action to be pursued. The advice will include whether rights of appeal are applicable and the potential penalties for non-compliance.

Where it is necessary to serve formal enforcement notices, the content of the notice will clearly state what is required and why action is being taken. Information will also be given on how to make an appeal against the issuing of the notice.

Some types of action that could be taken include issuing;

Breach of condition notice

This notice can be used where conditions imposed on a planning permission/consent have not been complied with. There is no right to appeal this notice. Non-compliance is a criminal offence.

Enforcement notice

This is the most frequently used method of remedying unauthorised development and there is a right of appeal against the notice. The recipient must take the specified steps set out in the notice within a set time period. Failure to comply with the notice is a criminal offence and the Council has the option to take out a prosecution or to carry out works in default, this is often referred to as direct action.

Listed building enforcement notice

The same as an enforcement notice, and issued in relation to a listed building. 

Planning enforcement order

Where there has been deliberate concealment of a breach of planning control, we may apply to the magistrates' court for a planning enforcement order (PEO).  Where a PEO is granted we have one year and 22 days to serve an enforcement notice irrespective of how long ago the breach first occurred.

Stop notice

The notice can be used in conjunction with an enforcement notice where the breach of planning control is causing irreparable and immediate significant harm. Where stop notices are issued, we may be liable to pay compensation if it is later decided that the issue of the notice was not appropriate. There is a right to appeal this notice. Non-compliance is a criminal offence.

Temporary stop notice

These take effect immediately upon issue and last for up to 28 days. A temporary stop notice will only be issued where it is appropriate that the activity or development should cease immediately to safeguard the amenity of the area. There is no right to appeal this notice. A criminal offence is committed by any person who breaches the notice

Section 215 notice

This notice can be used in relation to land or buildings where the condition of the land or buildings is considered to be detrimental to the public and adversely affects the amenity of an area. There is a right to appeal this notice. Non-compliance is a criminal offence.

Completion notice

A completion notice may be served if, as the local planning authority, we are of the opinion that development (which has started within the statutory time limit for the commencement of development) will not be completed within a reasonable period. We must refer the notice to the Secretary of State for confirmation. There is a right to appeal this notice.

Injunctions

We can apply to the High Court or County Court for an injunction to stop development or an activity which is in breach of planning control or if we have sufficient reason to believe a breach will take place in the future. We can make an application regardless of whether we have exercised, or propose to exercise, any of our other powers to enforce planning control. We will always ask the Court for our costs to be met by those responsible for the breach.

Direct action

If we have issued an enforcement  notice and the requirement(s) of the notice have not been complied with, then we can enter the land to carry out these works in default.  We will follow up by issuing an invoice to the person responsible for the costs of the works carried out on behalf of the Local Planning Authority. A legal land charge can be  registered should the invoice remain unpaid.