Planning Enforcement
The council will try to make sure that planning rules are
followed. Breaches of planning control usually take one of the
following forms:
- A building is erected, extended or altered without planning
permission.
- Work is carried out which does not comply with approved
plans.
- A condition imposed in a grant of planning permission is not
complied with.
- An unauthorised change of use of a building or land, eg use of
a residential property for business use.
- An advertisement is being displayed without advertisement
consent.
In most cases breaches are brought to our attention by
councillors, neighbours/members of the public, or other officers in
the course of their duties.
How to report a planning breach
If you feel a breach has occurred and would like us to
investigate, please fill in the Planning Enforcement Complaints Form or
telephone us on 01228 817175/817490.
Please include as much information as possible, for example:
- when activities started;
- the address of the land or building;
- the approximate dimensions of any building works;
- names, addresses and telephone numbers of any owners, occupiers
or builders involved;
- details of any amenity problems caused eg noise, traffic
smells;
- in the case of possible unauthorised use, the frequency of the
activity and the hours of operations.
Who deals with enforcements?
We see planning enforcement as a crucial part of the planning
service. A specialist team of two enforcement officers in the
Development Control Section of the council's Planning Services deal
with approximately 350 complaints every year on a district wide
basis.
The aim of the service is to provide an enforcement service,
which responds to complaints about breaches of planning control
fairly, efficiently and effectively.
What happens next?
When an alleged breach of planning control is reported or
suspected, the site or premises will be inspected and other
information sought to find out the facts. If a breach of planning
control is identified the person responsible for the breach will be
told of what is wrong and what action is required to remedy the
breach.
Complaints about alleged breaches of planning control will be
treated confidentially within the council so far as is
practicable.
A planning breach in itself is not illegal and the council can
permit a retrospective application where planning permission has
not been sought. However, if the breach in itself involves a
previously rejected development or the retrospective application
fails, the council can issue an enforcement notice.
In considering any enforcement action, the main issue for the
local planning authority should be whether the breach of control
would unacceptably affect a public amenity. It is illegal to
disobey an enforcement notice unless it is successfully appealed
against.