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Planning enforcement

Planning Enforcement is when we investigate a complaint about development that may be taking place without planning permission.

It is our job to ensure that the problem is resolved, planning permission is acquired and that the development is not causing any harm to our residents or the area. If the situation cannot be resolved then enforcement action will be taken.

(Please note that we are unable to get involved with or offer advice on boundary disputes as these are private / civil matters and not a planning consideration)


What we can do

Whilst there are a range of actions available to us, these will only be considered if development has occurred without the appropriate permission or consent and the breach has or will result in significant harm.

In all cases we have to make sure that our decision is justified. This means that all the relevant planning circumstances must first be considered. Where we are satisfied there has been a breach of planning control we have the following options:

  • Take no action
  • Ask for a retrospective application for planning permission
  • Attempt to negotiate a solution
  • Issue an Enforcement Notice directing what must be done and by when
  • Prosecute the offender(s) in the Magistrates’ Court (in some cases)


Issuing an enforcement notice

It is not an offence to carry out development unless it includes works to a listed building or to protected trees. Enforcement action will only be taken if the development affects the quality of life or the public interest.

In this instance an enforcement notice will be issued, telling the developer what they must do and when this must be done by. If the enforcement notice is ignored they may be prosecuted.

There are various legal procedures which must be completed before any 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.

You can check whether we have issued an Enforcement Notice on your property or in the vicinity of a location by checking the Property Notices section of the Local Information available from our My Charnwood search function. If this indicates that a notice has been served please contact our Enforcement team for further assistance.

 


Other types of planning enforcement notices

Contact our Planning team for more information on the following planning enforcement notices:

  • Contravention notices
    • A planning contravention notice is normally given in the first stage of action. It requests information so that we can determine if planning permission has been granted.
  • Breach of condition notice
    • In the case of conditional planning permission, you may have to meet certain conditions to be able to make developments. If these conditions have not been met you may receive a breach of condition notice, which will give you instructions on how to comply with the specific condition.
  • 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 permission.
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