Planning enforcement: our response to breaches of planning control

Once we've received a complaint

When we receive a complaint, we will follow the process as set out in our  Enforcement Plan [590KB] .

We aim to acknowledge your complaint within 3 working days of receiving it.

We think that it is important to investigate every complaint that we receive. We recognise that early action can prevent things getting worse, whether through a further deterioration in amenity (a desirable or useful feature or facility of a building or place), or the consolidation of an unacceptable activity.

Until we make a site visit, we can't assess the impact and significance of a problem, nor can we reassure complainants in those cases where no breach has actually taken place.

Deciding whether action should be taken

In accordance with our  Enforcement Plan [590KB] , we concentrate our efforts on targeting the most harmful breaches of planning control to ensure that early and effective enforcement action is taken to resolve them.

When a breach of planning control happens, we have to decide whether it's beneficial to take action to remedy it. We have a legal power as the local planning authority to make this decision. Before doing so, we take into account the circumstances of each case.  

Sometimes we may decide not to take action at all.

This could be because:

• the development or activity taking place may already have planning permission (you can search planning applications online)
   
• the development or activity taking place may not need planning permission and may be 'permitted development'
   
• although being in breach of planning control, a development or activity taking place is causing little environmental impact
   
• there's insufficient evidence of a breach of planning control, and the most beneficial action is for the local planning authority to continue monitoring the situation
   
• the development or activity taking place has been built, or has been going on for so long (ten years for most uses, four years for buildings) that it is immune from enforcement

Members of the public, or town and parish councils, can't take enforcement action themselves.
 

Remedying breaches of planning control

If a breach of planning control is identified, we'll try and resolve issues by negotiation first. Most breaches are dealt with informally through the co-operation of the landowner or developer, either by removing unauthorised buildings, stopping unauthorised uses, or submitting a retrospective planning application.

In other cases, if the landowner or developer will not co-operate, we may have to consider more formal action.

Rapid remedial action is only possible, or appropriate, in a small number of cases, such as where there are unauthorised works to protected trees or listed buildings.

We can use our discretion to decide which form of formal action we'll use to resolve a breach of planning control.
 

Types of formal (statutory) action

Planning Contravention Notice

A planning contravention notice is served where it appears that there may be a breach of planning control and the planning authority require accurate information about activities on the land and the recipient's interest in the land. It does not rectify the breach, but places legal responsibility on the recipient to provide information to us, so that we can make an informed decision about the development.
 

Retrospective Planning Applications

A retrospective planning application is where a person in breach of planning control, having already carried out development that requires planning permission, seeks to retain the development, or activity, through the submission of a retrospective planning application. The purpose of a retrospective application is to regularise the development and remedy the breach by obtaining planning permission.
 

Enforcement notice

An enforcement notice is served on everyone with an interest in land where a breach of planning control occurs. It specifies the nature of the breach, the steps necessary to remedy the breach and the timescale within which action must be taken. If not complied with, the planning authority may prosecute in the courts.

There are rights of appeal against enforcement notices, which can considerably prolong the process. It is an offence not to comply with an enforcement notice can be tried in the Magistrates' or the Crown Court. The maximum penalty in the Magistrates' Court is a fine not exceeding £20,000 but there is no limit on the fine that the Crown Court may impose.
 

Breach of Condition Notice

A 'breach of condition' notice is served when there is a failure to comply with any condition or limitation imposed on a grant of planning permission. There is no right of appeal against the notice. Failure to comply can result in prosecution or an application for an injunction.
 

Injunction

The planning authority can seek a court injunction to restrain any actual or expected breach of planning control.
 

Stop notice

We can serve a stop notice to restrain or stop any actual or expected breach of planning control. This type of notice usually has a short notice period before it takes effect.

Temporary Stop Notices

Where urgent action to restrain a breach of planning control is necessary, the planning authority can serve a Temporary Stop Notice. This differs from a normal stop notice in that it requires an accompanying enforcement notice. Its effect is immediate (a normal stop notice usually has a short notice period before it takes effect) and it lasts for up to 28 days.
 

Direct Action

In special circumstances and as a last resort, to make sure an enforcement notice is complied with by carrying out the required steps ourselves in default of the owner or occupier's action. Costs incurred are recoverable from the owner or we will register a charge on the property with the Land Registry.
 

Section 215 Notices

Where when the condition of land or buildings negatively affects the amenity of an area. This requires the owners and occupiers of the land to take specific steps to secure an improvement in its appearance. Recipient(s) have a right to appeal to a magistrates' court. Failure to comply with the notice is an offence. We may also complete the works ourselves and charge the owners.
 

Certificate of Lawful Use

As a landowner or developer you can seek a Certificate of Lawful use. You would do this if you appear to be in breach of planning control to gain from enforcement action. You need to supply factual evidence to demonstrate that any building has been on the site for over four years or use of the land has been carried out for over 10 years. We will use this to decide whether the development or use is permitted. We do not take the planning merits of the case into account