Planning - Enforcement
This page provides information on the Enforcement section of the Planning team, and the powers that they have. Further information on the Council's Planning Enforcement policy can be found in the Planning Charter.
Please note that if you wish to search for specific enforcement cases you should go to the Enforcement Register page and where they have been issued within the last 5 years you may view the relevant enforcement notices and Breach of Condition notices on line at the Enforcement Notices page (please link to Enforcement Notices page).
The enforcement register is updated as necessary with enforcement notices being available within 5 working days following that.
What if a neighbour has built something without permission ?
If you consider that someone is carrying out development which may not have had planning permission, you should contact an Enforcement Officer (details at bottom of page). Any complaints received in this way, unconnected with a particular current planning application, are confidential, and your name will not be given to the person you have complained about.
Planning Enforcement is relevant to the full range of Development Control functions.
Sometimes, development takes place without the prior granting of planning permission. The erection of new buildings, making a material change of use of a building or land (for example carrying out a business from home) erecting security shutters on a shop, altering land levels and building retaining walls without the grant of planning permission are all forms of development
that are likely to require a grant of planning permission. The list of examples is by no means exhaustive. If in doubt about whether development requires planning permission, contact a member of the Enforcement team (details at bottom of page).
The alleged breach of planning control, such as those referred to above, would normally be initially assessed by the planning enforcement team and, if the development or use is likely to be acceptable, a planning application would be invited. The invitation to submit a planning application would not guarantee that planning permission would be granted.
If the development is considered unacceptable, you will be asked to remove the structure or cease the use. If you do not do as requested, a planning enforcement notice would be issued setting out the steps required to address the planning issues and giving a timescale for compliance.
There is a right of appeal against a planning enforcement notice to the Secretary of State (See Appeals).
Failure to comply with the requirements of a planning enforcement notice by the compliance date constitutes a criminal offence which is subject to a fine of up to £20,000 on summons or an unlimited fine if tried on indictment.
It is also open to the planning authority to enter into injunctive proceedings to secure compliance with a notice or to carry out the works required by the notice and re claim the costs of the works.
Where a breach of planning control is particularly damaging or unacceptable, a stop notice can be issued with the enforcement notice and has the effect of bringing the development to a stop within two days of service.
Breaches of Conditions
Frequently, when planning permissions are granted they are subject to conditions. Any conditions which contain the words ‘prior to commencement of development’ or similar must be satisfied before work on site starts. If they are not, the development is unauthorised and may be subject to the procedure outlined above.
Failure to comply with any other conditions may result in the issue of a breach of condition notice which requires compliance with the terms of the condition within a specified period of not less than 28 days. Failure to comply with the requirements of a breach of condition notice constitutes a criminal offence subject on conviction to a fine not exceeding £1000. There is no right of appeal against a breach of condition notice.
Unauthorised works to Listed Buildings
Works to Listed Buildings without the grant of Listed Building consent constitute a criminal offence subject to a fine of up to £20,000 or 3 months imprisonment (or both) in the Magistrates Court or an unlimited fine or 12 months imprisonment or both in the Crown Court.
In addition, a Listed Building enforcement notice can be issued requiring the restoration of the building to its condition immediately preceding the unauthorised works. The procedure and penalties are as outlined under enforcement notices above.
Where an unoccupied Listed Building is in need of urgent works to preserve the building, the local planning authority may issue an urgent works notice which can specify works necessary to afford the building support and shelter. The Local authority may carry out works in default and reclaim costs. (See also section on Listed Buildings)
Unauthorised works within Conservation Areas
In Conservation Areas, control is exercised over demolition and the procedures and penalties for any failure to comply are as for listed buildings. Demolition of buildings with a total cubic content not exceeding 115 cubic metres, gates, fences, walls or means of enclosure abutting a highway which do not exceed 1 metre in height and gates, walls, fences or other means of enclosure elsewhere which do not exceed 2 metres in height do not fall within the regulations.
The Local Planning authority may remove permitted development rights within a conservation area by issue of a direction under article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995. Any works carried out in breach of such an order may be subject to the issue of a planning enforcement notice (See section on Planning enforcement notices) Details of properties subject of article 4(2) directions are contained in the relevant conservation area statement and are available from the Council.
Trees in Conservation Areas are protected, and it is a criminal offence to top, lop, prune, fell or otherwise destroy a tree within a conservation area without first obtaining the necessary consent (For details of penalties and enforcement procedures see enforcement of tree preservation orders)(For details on submission of applications see Trees and Hedgerows)
Unauthorised Advertisements
Details of advertisement enforcement procedures is contained in the Advertisements and Shop Signs section
Unauthorised works to protected trees
The unauthorised felling or destruction of a tree subject of a tree preservation order constitutes a criminal offence subject to a fine of up to £20,000 in the magistrates Court or an unlimited fine in the Crown Court; in addition, the Local Planning Authority may serve a notice requiring the planting of a replacement tree. Any other unauthorised works to a protected tree constitutes a criminal offence subject on conviction in the magistrates Court to a fine not exceeding £1000. (See also section on Trees and Hedgerows).
Unauthorised works to Hedgerows
The removal of hedgerows on land adjoining agricultural land, forestry land, land used for the keeping of horses, common land, sites of special scientific interest, village greens and local nature reserves require the prior determination from the local planning authority as to the acceptability of the removal. Removal of the hedgerow without the necessary approval constitutes a criminal offence subject on conviction in the magistrates court to a fine not exceeding £5000 or on conviction in the Crown Court to an unlimited fine.
The Local Planning Authority may also issue a hedgerow replacement notice against which there is a right of appeal. If the hedgerow replacement notice is not complied with, the local planning authority may enter land to carry out replacement of the hedgerow and reclaim any reasonable expenses incurred. (See also Trees and Hedgerows for prior determination information).
Untidy Land
Where land or buildings are not properly maintained and their appearance becomes severely detrimental to the visual amenity of an area the Local Planning Authority may issue a notice under section 215 of the Town and Country Planning Act 1990 (as amended) requiring works to be carried out to address the damage to amenity. The power can range from removing rubbish from land to demolishing buildings and removing the demolition debris.
There is a right of appeal against a notice issued under this section to the Magistrates Court. Failure to comply with the requirements of the notice constitutes a criminal offence subject on conviction to a fine not exceeding £1000, the authority is also empowered to enter land to carry out the works specified in the notice and reclaim costs from the land owner.
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If you have an enquiry about any Enforcement matters, please use our online Enforcement Report form.
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