Planning Enforcement Services

The Council receives a large number of planning complaints every year, many of which require extensive investigation. Complaints are dealt with in order of priority. The Council has a Planning Enforcement Strategy in place which explains in detail how priorities are reached, the types of formal action which may be taken, when it may be taken and our complaints policy.

The Officers of the Planning Service are readily available to provide information and advice. Please remember your co-operation may be necessary to enable the Officers to provide an efficient and meaningful enforcement service.

The planning system is not designed to protect the interests of one person over another therefore the Council has an equal duty to both a complainant and the alleged offender and must address any issue fairly and without bias.

We aim to resolve breaches of planning control, where possible, without the need for formal enforcement proceedings. When considering breaches of Planning Control the Council will look at whether the development complies with Local Plan Policies, Supplementary Planning Guidance and/or is acceptable on its planning merits.

Complainants should be aware that, for a variety of reasons, it may not be appropriate to take action in every case. Action will not necessarily be taken simply because a breach of planning control has occurred and will only be taken where it is identified that a breach causes significant harm to the area. Government guidelines indicate that enforcement action should only be taken when the breach is unacceptable on planning grounds. The reason for this is that lengthy and expensive legal action to deal with a matter which would ultimately obtain planning permission would be a misdirection of public funds.

Breaches of Planning Control

A breach of planning control is:-

The use of land or the carrying out of development without the required permission
Failing to comply with any condition or limitation of planning permission

If you Consider a Breach of Planning Control has Occurred

You can submit a request for investigation. Your complaint must be in writing on the required form which can be downloaded from the Planning Forms page link below.

The Council can only proceed with enforcement action where there has been a confirmed breach of control. We often cannot help with unconfirmed reports that work may be about to take place.

Confidentiality

All Planning Enforcement complaints are confidential. Your name and address will not be released without your permission. However, if the matter about which you have complained becomes the subject of a planning application any representations you make on that application will become part of the public record.

If you are concerned for your safety, or for personal reasons you do not wish to give your name and address, you may prefer to report the matter to your elected Councillor who can then contact us confidentially on your behalf.

What The Council Will Do

We aim to acknowledge your complaint in writing within three working days of receipt.
The planning history of the site will be checked and if the alleged breach does not require permission or has obtained approval, you will be notified accordingly.
If a possible breach has occurred an investigation will be made and the Council will decide if enforcement action is appropriate.
If further action is to be taken the Council will normally allow a suitable period for remedial action to be taken. If appropriate the submission of a retrospective application for consideration can be made.
Additional time may be allowed when there is a clear intent demonstrated to remedy the situation.
If the matter cannot be resolved by negotiation then formal action will be considered.

Formal Action

Formal action is usually the issue of a notice which require the provision of information, works to be carried out or an activity to stop in order to remedy a breach of planning control. When a notice is served the requirements of the notice must be complied with. Where appropriate an appeal can be made against the notice. If an appeal is lodged, the enforcement notice does not take effect until an independent planning inspector gives a decision upon the matter, which can take a number of months. Details of how to make an appeal can be found on the Planning Portal

In order to successfully prosecute an enforcement notice evidence to the Courts is vitally important, and occasionally this can only be provided by persons directly affected by the breach.

Breaches of planning control are not generally illegal but there are some cases which constitute an offence actionable in the Courts, such as:-

Non compliance with a formal notice
Unauthorised works to a Listed Building
Display of unauthorised signs
Unauthorised work to a tree which is the subject of a Preservation Order
Unauthorised work to a tree in a Conservation Area
Obstructing an officer in the execution of his duty

If the offence is of such a serious nature, the Council will exercise its right to pursue a prosecution. The Council will not condone wilful breaches of planning legislation and will exercise its discretion to take, when expedient, appropriate enforcement action. In some cases it may even be necessary for a building to be demolished.

The registers of Enforcement Notices, Stop Notices and Breach of Condition Notices can be viewed on the Planning Enforcements Registers page or at the Planning Offices.

If You Are Not Happy With The Way The Matter Has Been Handled

The Council has its own complaints procedure or you can report the matter to the Local Government Ombudsman.

Details on both procedures are available on Comments and Complaints.

Please Note:

These procedures refer only to the manner in which the complaint has been dealt with, they cannot change a decision simply because you do not agree with it.

Enforcement of the Building Regulations

Building Regulations deal with the structural aspects of construction and often raise areas, which are different and quite separate from the enforcement of planning control. For further information please contact the Building Standards Consultancy office.