Planning Enforcement

Development which is carried out without planning permission or which does not comply with the conditions imposed by a planning permission can ultimately result in the serving of an Enforcement Notice. This will state the breach of planning control, the steps which are necessary to remedy the breach, and the period allowed to comply with the Enforcement Notice.

In some cases, it may require the demolition of unauthorised works or the cessation of a particular use. If the terms of an Enforcement Notice are not complied with, an offence has been committed and fines can be imposed by the Magistrate's Court. We do try however, to resolve cases, where at all possible before this stage is reached, by negotiation and discussion.

Enforcement investigations are primarily carried out by the Council's planning enforcement officers whenever the Council has evidence that a breach of planning control has occurred. Frequently, such evidence comes from members of the public.

It can often take a considerable time to bring to an end an offending use or the removal of unauthorised works and this can be difficult to understand. The delay is usually because the Enforcement Notice is not effective until any appeal lodged against it has been determined, which can often take many months, during which time the offending use can continue and the unauthorised works remain. If serious unauthorised works are proceeding, as distinct to a use, in extreme cases the Council can serve a Stop Notice, requiring the immediate cessation of such works.

This cause of action is seldom undertaken, as there can be a financial risk to the Council in taking such action.

Other forms of enforcement action may sometimes be taken depending on the nature and circumstances of the particular case.

A Planning Contravention Notice may be served when an unauthorised use is first discovered, as it may be possible to regularise the matter if it is not causing any serious problems.

A Breach of Condition Notice may be served if the Council consider that there is clear evidence that a condition imposed by a planning permission is not being complied with. In this particular instance, there is no right of appeal.

It is not an offence to carry out unauthorised works or uses and the Council is not obliged to take enforcement action against such works or uses, as they may not be causing any harm or problems.

Enforcement Notices and Registers

Report an alleged Breach of Planning Control (E-Form to be completed online)