Enforcement action
Enforcement notices are documents served by the Council which
require the use of the land to stop, and/or any buildings or
structures that do not have planning permission to be removed or
amended. The Council ascertain the names of all the owners and
occupiers of the property and make sure they are served a notice.
The notice itself has to be precise as to what action the Council
wants taken and by what date. There are rights of appeal to the
planning inspectorate and the notices can be challenged if they are
inaccurate
When conditions imposed on a planning permission are being
disregarded, we can serve a "Breach of Condition" notice on
the developer or occupier. If this is not complied with, the
planning compliance team can take legal action. There are no rights
of appeal to the Secretary of State against a breach of condition
notice. Where appropriate the Council will use this procedure in
preference to the service of enforcement notices. The complainant
will be informed when the enforcement notices are served, what
action they require and when the period for compliance runs
out.
The complainant and neighbours will be advised of any appeal
that is lodged against an enforcement notice and the grounds upon
which the appeal has been made. They will then be able to make
further comments to the planning inspector dealing with the case,
although at this stage the names and addresses cannot be kept
confidential. Arrangements to inspect the premises will be made by
the planning compliance officer dealing with the case no later
than 21 days after the compliance period runs out, in order to find
out whether the requirements of the enforcement notice have been
satisfied.
Legal action
If the unauthorised development remains in place after the
enforcement notice becomes effective, we will start legal action as
soon as possible and the complainant will be kept informed of the
outcome of any prosecution. As a last resort we will consider
carrying out works itself to remedy the breach.
Useful links
Planning and building online registers for
enforcement notices issued.