Planning enforcement

What to do if something's wrong

Give us some basic information including:

• What

• Where

• When 

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.

How long will it take?

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

Investigations can take a long time. We need to be certain that unlawful activities are happening and that these are causing harm. 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 often a long legal process which has to be followed.

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

How do you investigate?

Investigations about building work will focus on the findings of a site inspection and 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 alleged offence is happening and that it is causing harm, in planning terms. For example, unacceptable noise or traffic congestion. In these cases, complainants may be asked to keep a diary of activities and possibly attend a public hearing to give evidence.

The identity of complainants is confidential. In some cases it will be obvious who the complainant is, as there may be only one property that is affected by the issue. We only make a complainant's identity known when an enforcement notice goes to a public hearing and the complainant needs to give evidence.

Planning Contravention Notices

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.

What happens if there is refusal to comply?

We can take steps to ensure the details of the Enforcement Notice is followed if the situation isn't resolved in time.

Prosecution

We will take legal action when it's appropriate, for example: if it's in the interest of the public. Prosecution doesn't resolve the breach of planning control.

Direct action

If a breach of planning control hasn't been resolved and an Enforcement Notice hasn't been complied with, we can carry out the works to remedy the situation.

We would let the owners and occupiers of the land know before a contractor carried 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.