Enforcement
The Council will endeavour to ensure that planning rules are
followed - for example, that planning permission (if required) has
been given for a development and that it is being carried out
in accordance with the permission and any conditions imposed on
it.
When an alleged breach of planning control is
reported or suspected, the site or premises will be inspected and
other information sought to establish the facts. If a breach of
planning control is identified the person responsible will be told
what is wrong and what action is required to remedy the breach.
This may involve the submission of a retrospective planning
application to authorise the development, if it is acceptable. The
fee is the same as for a normal planning application. A time limit
will be given and the consequences of not taking the appropriate
action will be explained.
Request for a Planning Enforcement Investigation
If you're concerned that a building may have been put up or
altered without planning permission, or that land or buildings are
being used without planning permission, you can request a planning
investigation here. Before doing so, please check the details of
the types of work we can investigate and check whether planning permission has
been granted for the works that affect you.
To complete the form please click on the link
below:
View
Enforcement Policy Statement
If any breach of planning control is not
remedied within the specified time limit, or is not considered
acceptable, the Council will decide whether it is expedient to take
enforcement action.
In certain cases where considerable harm or damage
is occurring as a result of a breach of planning control (e.g.
works likely to result in irreparable harm) the Council can serve a
‘stop notice’ in addition to an enforcement notice requiring works
to cease immediately.
What if I receive an Enforcement Notice?
If an Enforcement Notice is issued it will specify what works
must be carried out and a timescale in which to do it. Failure to
comply with a notice is a criminal offence and can result
in fines of up to £20,000 if you are successfully prosecuted in the
Magistrates Court. If you still do not comply with the notice
then the Council may carry out work to remedy the breach itself and
charge you the cost.
Can I appeal to the Secretary of State against an Enforcement
Notice?
You may appeal against the issue of an Enforcement Notice but it
must be done as quickly as possible. (More information on
Enforcement and Appeal
time limits can be found through the national Planning
Portal). The Secretary of State must receive your appeal
before the date when the notice comes into effect, otherwise he
will not be able to consider it.
You cannot appeal against a Breach of Condition Notice. The
Council may serve this if you do not meet the terms of the
permission for your development or if you fail to comply with one
of the conditions or limitations of your permission. Failure
to comply with this type of notice is a criminal offence and you
may be prosecuted in the Magistrates Court.
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