Local Enforcement Plan 2024

3.1. Enforcement of planning legislation can often be complex and is in some circumstances also a lengthy process to go through. This is because a balance needs to be considered between upholding planning policies, safeguarding the amenity of an area and the rights of individuals to use or alter their property as they choose.

3.2. Nevertheless, the council has the ability to take enforcement action when a breach of planning control has occurred provided that it is deemed appropriate, and those powers are set out within the Town and Country Planning Act 1990.

3.3. The council is required to give those responsible for unauthorised works the opportunity to put matters right before taking formal enforcement action. If the council's actions are considered unreasonable, too harsh, or legally incorrect any enforcement action can be overturned by the Planning Inspector, or the courts and the council can also be liable to pay any associated costs.

When does a breach of planning control occur?

3.4. A breach of planning control is defined within the Town and Country Planning Act (section 171A), a breach occurs when development has occurred without having the required planning permission, or when the development is not being carried out in accordance with any of the imposed planning conditions.

3.5. A breach of planning control can also occur when development is carried out without obeying the relevant limitations or conditions which are set out within the Town and Country Planning (General Permitted Development Order) 2015.

3.6. The most common breaches of planning control that the council deals with include:

• where something has been built without planning permission
• when the use of land or a building has altered without permission
• unauthorised development within conservation areas and unauthorised alterations to listed buildings
• where unauthorised advertisements have been installed
• when conditions attached to planning approvals have not been complied with
• the poor condition of land impacting on the visual amenities of the wider area

3.7. The onus to apply for planning permission rests with the land or property owner. If any remedial works are required, then the property owner or developer will be liable for the full extent of any associated costs. In addition, any breach of planning control may show as part of a property search should you wish to sell your property in the future.

3.8. However, it is not necessarily a criminal offence to carry out development without planning permission. However, in the event unauthorised development involves advertisements, works to protected trees or listed buildings, or if a formal planning enforcement notice has been served and it has not been complied with, then a criminal offence may have occurred, and the council may seek to take all necessary legal action to resolve the situation.

What cannot be considered under planning enforcement?

3.9. The planning enforcement process has a very clear legal framework and it must be related to both planning legislation and be something which would require or have planning permission.

Those matters which do not fall within the planning remit will not be investigated and we will inform you of the reason why the planning department will not investigate. Where sufficient information is provided, and any matter falls within the responsibility of other areas of the Council then they will be redirected to the appropriate department(s).

Many of those common aspects which don't relate to planning include:

• neighbour disputes
• land boundaries or ownership disputes
• deeds of covenant issues
• works to party walls
• parking of commercial vehicles on the highway
• parking a caravan within the residential boundary of a property
• use of or development on highways or pavements
• dangerous structures
• internal alterations to houses (unless a listed building or creating a separate dwelling or flat)