Types of Planning Enforcement Notices
Contravention Notices
A planning contravention notice is a notice normally served on a developer in the first stage of enforcement action, where it appears to the local planning authority that a breach of planning control might have occurred. This notice requests information so that the planning authority can determine if an enforcement notice or stop notice should be served. Failure to comply with a planning contravention notice within 21 days is a summary offence, and the person guilty of the offence would be liable for a fine.
Enforcement Notices
Planning enforcement notices may be served when development is carried out without planning permission or not in accordance with planning permission that has been granted. Co-operation is sought before taking any action. Failing this we can issue an enforcement notice to stop work or ensure that the terms of the planning permission granted are complied with. Failure to comply with an enforcement notice is an offence and may be subject to a fine.
Breach of Condition Notice
A breach of condition notice is a notice which can be served by a planning authority upon a developer if a condition on a planning permission is not complied with. A breach of condition notice will outline the steps which should be taken in order to comply with the specific condition. If this notice is not complied with, the person served with the notice will be guilty of an offence and will be liable for a fine. There is no right of appeal against a breach of condition notice.
Listed Building Enforcement Notice
This notice is similar to an enforcement notice, but used where works have been carried out to a listed building without the benefit of listed building consent or in contravention of a condition of such a consent.
You can check whether the Council has issued an Enforcement Notice, Planning Contravention Notice, Breach of Condition Notice and Listed Building Enforcement Notice on your property or in the vicinity of a location by using the council's interactive on-line mapping facility.
Frequently Asked Questions (3)
Flyposting’ these are adverts that normally require consent to be displayed. –Advertisement Consent. The Council can take action to get the posters removed but the law in this respect is complex. If the posters do not identify who is responsible for them the Council may ‘obliterate’ or remove them. Formal action is possible if the information on the persons responsible for the display of the poster is available. The Council’s Enviro-team can issue fixed penalties if they are able to apprehend anyone in the process of displaying posters.
Fly posting is not normally considered an acceptable form of advertising. Illegal advertisers can be prosecuted and this can be dealt with in the Courts when it is considered expedient to do so
We will be happy to discuss your query over the telephone or you can submit your query online and we will investigate it further. Sometimes we will be able to answer your questions immediately. All complaints must be submitted in writing and all details will be kept confidential. However where an issue is an emergency such as works to a listed Building or Protected tree we will respond as a matter of urgency. Your contact details are important in order that we can keep you up to date with any investigation.
Some works are classed as 'permitted development'
Planning rules are decided by the central Government and are complicated. Not all building works need planning permission. For instance, garages, walls, small extensions, etc., may be exempt. Running a business from home does not always need permission.
If we find that the work does not need planning permission, then the planning service cannot take any action. Other Council services may be able to help. The enforcement officer dealing with your case will refer you to another department if they feel it would assist you. Sometimes, advice from a solicitor or Citizens' Advice Bureau might be of help to you.
We will write to you as soon as possible telling you whether planning permission is needed. If it is not, we will tell you why.
Yes. Again depending on the level of storage taking place there is action available to the Council to control untidy land. Action through the planning process however should be a last resort, there may be other legislation available to tackle issues such as this through Environmental Health or the Enviro Team who have action available under the Building Act or the Anti - Social Behaviour Act. We work together with these teams where our responsibilities cross and so we will discuss the issue with you and advise which Department would be best to assist you in these circumstances.
Last updated: Fri 23rd July, 2010 @ 09:42
