Planning Enforcement

Enforcement - What is a breach of planning control?

A breach of planning control happens when someone carries out building works or an activity which should have had planning permission.  It can also happen when development does not comply with approved plans or conditions attached to an existing planning permission.

Other types of breaches are illegal advertisements/signs, unauthorised works to listed buildings, and unauthorised works to trees in conservation areas or covered by a Tree Preservation Order.

To find out if planning permission is required, further information can be found on our Planning pages.

Taking action against a breach of planning control

The Council cannot take enforcement action just because there has been a breach of planning control - it must also be able to demonstrate (on appeal or in court if necessary) that the breach results in an unacceptable level of harm to public amenity.

If the breach is a technical or minor one no further action will be taken.  We will write to warn the person responsible there is a breach of planning control and that it should be put right as soon as reasonably possible to avoid enforcement action.  The person might make a planning application to try and resolve the problem, but if the application is refused planning permission, or one is not submitted, and the breach continues, the Council can issue an Enforcement Notice requiring remedial works to be carried out, or activities to stop.

An appeal can be made against an Enforcement Notice to the Planning Inspectorate. This stops the whole process until the outcome of the appeal is known.  The Council can take enforcement action without waiting in serious cases.

Once an Enforcement Notice becomes effective it is a criminal offence not to comply with it, the Council can then prosecute the persons responsible, and in some cases enter the land and carry out remedial works itself.

To make the best use of the Council's resources alleged breaches of planning control are given a priority of High, Medium or Low. An initial site visit and assessment is made as follows:
HIGH the same or next day
MEDIUM within 14 days 
LOW within 21 days

Most investigations are finally concluded fairly quickly - within three to four weeks - but some cases can take considerably longer depending on the resources needed to investigate, whether any appeal is made, or whether any time period has been negotiated with the Council (to allow for re-location for example). We will always write and let you know what is happening and you can contact the case officer at any time.

Last Updated: 04/03/2010