How planning enforcement works

Planning enforcement is a necessary and important element in the control of development. Unauthorised development of land can have severe consequences for public amenity and the environment generally.

 

 

Give us some basic information including:

 

 

Please include your name and contact details so we can keep you informed. All complaints received are treated in confidence.

 

Each complaint is allocated to a case officer to investigate the matter. This usually starts with a visit to the site to confirm what is happening and an assessment is made of whether a breach of planning control is involved.

 

 

We aim to carry out site visits within 5 working days and to write to the complainant within 10 working days with an update.  

 

Enforcement investigations can be long and drawn out. We need to be certain that unauthorised activities are occurring and that these are causing harm in planning terms. This sometimes involves a number of inspections and a series of negotiations before the problem is solved. Where unacceptable breaches in planning terms have occurred, there is an often lengthy legal and procedural process which has to be followed.

 

If it is found that the matter relates to separate legislation dealt with by us then the issue will be passed on to the relevant department.

 

 

Investigations relating to building work will focus on the findings of a site inspection together with evidence from local people about when the works were carried out.

 

Cases where a change of use is alleged are usually more complex. We will need to collect evidence that the use complained of is occurring and that it is causing harm in a planning context. For example, unacceptable noise disturbance or traffic generation. In these cases, complainants may be asked to keep a diary record of activities and they may be asked to attend a public hearing to give evidence, should it later be necessary.

 

The identity of complainants is confidential. However in some cases it will be obvious who the complainant is, as there may be only one property that could have raised the issues involved. The only stage at which we make a complainant's identity known is when an enforcement notice becomes the subject of a public hearing and the complainant is required to give evidence.

 

 

If anyone hinders our investigations we may serve a Planning Contravention Notice. This will require answers to specific questions to be provided within a set time period. Action can be taken in the courts if a proper reply to the notice is not received.

 

 

If an appeal is not lodged or not accepted as being valid by the Planning Inspectorate, and the steps required by the Enforcement Notice to remedy the breach have not been taken within the specified period, the Council has powers to encourage and ensure compliance.

 

 

Legal action is not taken lightly. We will need to be satisfied that it is in the public interest to take proceedings. We will take legal action when it is appropriate. Prosecution does not in itself resolve the breach of planning control.

 

 

Where a breach of planning control is not being resolved and an Enforcement Notice has taken effect but has not been complied with, we can decide to carry out the works necessary to remedy the situation itself.

 

We would serve notice of its intentions on the owners and occupiers of the land before a contractor carries out the work. The cost of the work would be reclaimed from the owner or a charge placed on the land, so that our costs are recovered when the land is sold.