Planning and Building Control Enforcement

Complaints about unauthorised development

• This council operates a Pro-Active Enforcement Policy  (197K) which sets out how enforcement and development control monitoring is dealt with in line with that policy.

• This page says how the Council will deal with complaints about unauthorised building work and changes of use, trees, illegal adverts, unauthorised work to listed buildings and in conservation areas, untidy land, enforcement of the Building Regulations and reporting dangerous buildings.

• We will acknowledge all complaints within 5 working days.

• Then within 15 working days, when we have looked more fully into the complaint to establish if there is a breach of control we will decide what action we will take. We may decide to serve notices but we would prefer to resolve problems by negotiation. All investigations are reported to a dedicated Planning (Enforcement) Committee who authorise any enforcement action where this is considered necessary in the public interest.

• We will treat all complaints in confidence and enforcement complaint files will not be open to inspection. We will also try to keep complainants advised of progress regularly during proceedings.

Report a breach online

• When you report a breach you must give the address of the property concerned and full details of the alleged breach with relevant dates, times and other details where known.

• Sometimes the Council has to call on neighbours to give evidence to support complaints and justify the need for enforcement action.

• There is usually a right of appeal against enforcement to the Secretary of State for Transport, Local Government and the Regions and most people will exercise this right and at that stage, the Council must prove it's case.

• If any appeal is not successful the Notice comes into force. If the appeal is successful then the Secretary of State automatically grants permission as the Council would with a normal application.

• If the person in breach does not comply with a notice then the Council can then prosecute or take direct action to enter land and carry out works in default. We will then place a charge against the land to recover costs incurred when the property is sold.

• The precise form of any enforcement action depends on the case concerned and on legal advice but please remember that enforcement action is discretionary.

• The Government says that Council's must only use enforcement powers where the unauthorised development is causing significant harm. The Council can therefore decide not to take action if it considers action is trivial or simply not expedient.

• Many courses of formal action are dependent on how long the use or development has been in existence.

• With breaches of planning control arising from building operations or using a building as a house, the council cannot serve a Notice after 4 years from the commencement of the breach.

• Other planning breaches such as unauthorised changes of use are subject to a 10-year time limit from commencement. After that time, the Council cannot take action and the use can become lawful. The landowner can even apply for a Certificate of Lawful Existing Use or Development (CLEUD) after this period and if the evidence is clear regularise the situation.

Planning Contravention Notice

This is a preliminary notice which tells people of a breach of control and enables the Council to ask about land ownership, unauthorised activities and changes of use on the land.

Planning Enforcement Notice

This is the notice to deal with most unauthorised development. The Notice will specify the time when the notice becomes effective and it will specify the steps and timescale to correct the breach. The person in breach, however can appeal before the notice takes effect thus suspending the notice until the Secretary of State determines the appeal.

Breach of Conditions Notice

The Council will serve this notice when a developer has failed to comply with conditions attached to planning permission. The notice will specify the steps necessary to comply with the conditions. There is no right of appeal against this notice because there is a right of appeal against conditions imposed when the Council grants consent and the applicant has the ability to appeal at that stage.

Injunctions and Stop Notices

Used in exceptional circumstances where the Council considers it necessary to restrain any breach. However, this method is open to legal challenge which can seriously delay outcomes.

Untidy Land Notices

The Council can serve a notice on the owner of any land or building which is in an unreasonably untidy condition and we consider has an adverse affect on the amenity of the area. The Notice specifies what needs to be done to correct the situation.

Advertisements - (discontinuance notice)

People can display some advertisements without prior consent but the Council can prosecute where these are unsightly or threaten road safety.

Breaches of the Building Regulations

The Council will take proceedings where building work contravenes any provision contained in the Building Regulations that is prejudicial to health and safety. A notice may require the owner to pull down or remove the work, or make necessary alterations to make the work comply.

Dangerous Buildings Notice and Notices under the Building Act 1984

The Council serves these notices where buildings or structures are dangerous, ruinous or dilapidated or require demolition.

If the Council serves you with any of these notices we will advise you of your rights to challenge the notice or appeal. However, if you face action we strongly advise you to obtain proper legal advice.

Guidance

The Planning Inspectorate have published guidance booklets on the different modes of Enforcement Appeal these can be viewed below:

Enforcement Appeal Written Representation Procedure  (111K) 

Enforcement Appeal Informal Hearing Procedure  (104K) 

Enforcement Appeal Public Inquiry Procedure  (106K) 

Advice

You are strongly advised to discuss the breach of planning control with the Council prior to pursuing an appeal option.  Should you wish to continue through the appeal process legal or independent planning advice should be sought.

Under certain circumstances you may be able to obtain free advice through Planning Aid.  For more information visit Planning Aid website.