PLANNING COMPLIANCE
What is Compliance?
The Council will endeavour to ensure that planning rules are followed - for example, that planning permission has been given for the development and that it is being carried out in accordance with the permission and any conditions imposed on it. If you think someone has broken the rules, contact one of the Council's Planning Compliance Officers. Complaints about alleged breaches of planning control will be treated confidentially within the Council so far as is practicable.
What happens then?
When an alleged breach of planning control is reported or suspected, the site or premises will be inspected and other information sought to establish the facts. If a breach of planning control is identified the person responsible will be told what is wrong and what action is required to remedy the breach. This may involve the submission of a retrospective planning application to authorise the development, if it is acceptable. The fee is the same as for a normal planning application. A time limit will be given and the consequences of not taking the appropriate action will be explained. If the breach of planning control is not remedied within the specified time limit, or is not considered acceptable, the Council will decide whether it is expedient to take enforcement action. The Council can decide not to take enforcement action if it would serve no useful purpose; for example, where unconditional planning permission would be granted in any case.
What if I receive an Enforcement Notice?
If an Enforcement Notice is issued it will specify what works must be carried out and a timescale in which to do it. It is not a criminal offence to carry out development without getting the necessary permission first, except where it involves alterations to a Listed Building, displaying an unauthorised advertisement or carrying out surgery to a preserved tree. Failure, however, to comply with a notice can result in fines of up to £20,000 if you are successfully prosecuted in the Magistrates Court. If you still do not comply with the notice then the Council may carry out work to remedy the breach itself and charge you the cost.
Can I appeal to the Secretary of State against an Enforcement Notice?
You may appeal against the issue of an Enforcement Notice but it must be done as quickly as possible. The Secretary of State must receive your appeal before the date when the notice comes into effect, otherwise he will not be able to consider it.
You cannot appeal against a Breach of Condition Notice. The Council may serve this on you if you do not meet the terms of the permission for your development or if you fail to comply with one of the conditions or limitations of your permission. It is an offence to disobey this type of notice and you may be prosecuted in the Magistrates Court for not complying with its terms.
Enforcement appeals mostly follow the same procedure as ordinary planning appeals, but there are some differences, such as the fact that you will normally have to pay a fee. Costs can also be awarded against an unreasonable party as previously mentioned. The Secretary of State has the power to quash the notice and grant planning permission or uphold it, perhaps with variations in which case you will be required to comply with its requirements.
Further information about Enforcement Appeals is available on the Planning Inspectorate's web site.
There are more details on the powers the Council has to enforce planning law and the Government's guidance on how they should do this, in the Government's Planning Policy Guidance Note 18 Enforcing Planning Control.
Your right to appeal against an Enforcement Notice is explained in Enforcement Notice Appeals - A Guide to Procedure. You can get this free booklet from the Planning Directorate or the Department of the Environment, Transport and the Regions