Planning Enforcement
Planning Enforcement
September 2009 Draft Enforcement Policy Consultation
Draft Enforcement Policy 2009 (PDF Document 60.19 Kb.)
Frequently Asked Questions
- My neighbours are doing some building work. Does the activity or work that is taking place need planning permission?
- My neighbour is not running a business but is storing cars and junk in his garden. Is there anything that can be done?
- Each week along my road there are posters attached to lampposts and signs on the road. Do these need planning permission?
- What happens when a complaint is received?
- What if Permission is needed?
- What can the council do if work is carried out without planning permission?
- Is it possible to take action?
- What happens if action is taken?
News on the barn at Swithland Enforcement Appeal
Enforcement Notices
My neighbours are doing some building work. Does the activity or work that is taking place need planning permission?
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.
My neighbour is not running a business but is storing cars and junk in his garden. Is there anything that can be done?
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.
Each week along my road there are posters attached to lamposts and signs on the road. Do these need planning permission?
‘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.
What happens when a complaint is received?
We will write confirming that your complaint has been received normally within three working days. In some cases, an enforcement officer will contact you to confirm the facts. You will be able to help the Council by providing any information you have about the problem.
In some cases, it may be necessary for the enforcement officer to monitor the situation over several weeks in order to confirm if there is a breach of planning control. The enforcement officer will explain the procedures to you when they contact you. Procedures may vary depending on the circumstances of the case.
All complaints are treated as confidential. In a very few cases, if the problem cannot be resolved without formal action, a complainant may be asked to act as a witness and give evidence. However, this is rare and we will discuss what's involved beforehand. The enforcement officer will visit the person who has carried out the work. This is to find out as much information as possible, to be able to ascertain if there has been a breach of planning control and to decide on what action needs to be taken, if any.
What if Permission is needed?
Where it is decided that permission is needed, we will ask the person who has carried out the work to stop any further work. In most cases, he/she will be advised they can to make a retrospective planning application. At this stage any advice on the acceptability of the development will be explained to the developer. In very serious cases, we can take immediate action to stop the work.
The reason we ask for a retrospective planning application is so that we can properly consider whether the work is acceptable in planning terms. If the work is clearly unacceptable, we will try to persuade the person who has carried out the work to put things right.
With regard to an unauthorised use, advice will be given as to whether or not the use might be acceptable. If the use could be acceptable a retrospective planning application will be invited. If the use is felt to be unacceptable the developer will be advised to cease
A use that is unauthorised may be acceptable if properly controlled with a retrospective application this will allow the opportunity to impose conditions with the permission to control for example: hours of operation of a use, window restrictions such as obscure glazing to prevent overlooking.
The developer has a right to submit a retrospective planning application. It is not an offence to carry out development unless it includes works to a listed building or to protected trees.
If planning permission is needed for a development, but not sought or obtained, it can make the sale of a property difficult, even where no action is taken by the Council. If an enforcement notice has been served it will be declared on and Land search.
What can the council do if work is carried out without planning permission?
The Council must consider whether or not further action would be in the public interest.
Where there is no planning permission, the Council have to consider whether it is expedient to take further action. It is not an offence to carry out development unless the building concerned is ‘Listed’ or the works carried out involve trees subject to a Tree Preservation order.
If it is appropriate, we can issue an enforcement notice. This is a legal notice which can be used to require a building to be removed, or altered, or a use stopped. Normally, time is allowed for the person who has carried out the work to comply with the notice. However, if the problem is a very serious one, a stop notice can be issued. This requires an immediate response for the work, or use to cease until the planning issues are sorted out.
If an enforcement notice is not complied with we can take formal action which may involve taking a developer to court. Some development, as mentioned earlier such as works to a Listed Building or Trees the subject of a TPO (Tree Preservation Order) are subject to legal restrictions and it is an offence to cause damage or harm. Dependent on the works that have been undertaken the Council must decide what action is appropriate in the circumstances and in the public interest.
Is it possible to take action?
There must be a good planning reason for taking action; action cannot be taken because of:
• a loss of view
• a loss of value to a property
• business competition
• possible damage to private property
• trespass onto another property or in connection with a boundary dispute.
• a breach of a covenant attached to a house conveyance
There may be other possible action. This may be through another service of the Council such as Building Control or Environmental Health. If the Council cannot help, a solicitor or the Citizens' Advice Bureau may be able to advice.
What happens if action is taken?
If it is believed to be expedient to do so; formal action can be taken. Before action can be taken the Planning Committee must authorise that action. Once the action has been authorised then the formal process can begin.
An enforcement notice has to be sent to all the owners and occupiers of the land involved. It has to say:
• what it is that needs planning permission
• what action has to be taken to put matters right
• the date by which matters must be put right
It is a legal notice and can make the sale of any land or property affected difficult. People are unlikely to buy a property if there is enforcement action being taken. An Enforcement Notice is a Legal land charge on a property and remains on the property in perpetuity so even when it has been complied with it will still be declared on any Land Search during the sale/purchase of a property. The sites where legal notices have been served by the Council are available to view on the Council's interactive mapping service.
There are various legal procedures which must be completed before a notice can be served. It can be some weeks before the notice is issued. We will write and tell the complainant when this has been done.
Anyone who receives a copy of the notice can appeal to the Secretary of State. There are different ways in which an appeal can be dealt with but all take several weeks. You will be able to make comments about any appeal and we will tell you what you need to do and how the case is progressing. Further information regarding the appeal process is available on the Planning Inspectorates web site.
In most cases, anyone who receives an enforcement notice will put matters right. If this does not happen, it may be necessary to prosecute the offender. This can usually be dealt with by the Magistrates Court.
The legal procedures involved in serving a notice are complex and long winded. If there is an appeal, this can sometimes take some months to decide.
We will make every effort to keep everyone informed of progress with the complaint and provide as much advice as possible. If you have any questions regarding the progress of a case at any time you can contact the officer dealing with your case or any officer within the team will try to assist.
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Are you concerned about a high evergreen hedge, read about High Hedges complaints before you try to take the matter further |
Last updated: Fri 26th February, 2010 @ 16:02