Local Enforcement Plan 2024

No formal action

This is often the quickest way of dealing with a breach of planning control. In some instances, the owner or occupier of a property acknowledges they have made a genuine mistake and takes immediate action to remedy it.

The local planning authority will never condone a willful breach of planning law but planning enforcement action should be proportionate to the breach of control and in some cases the local planning authority may decide that it is not necessary to take action - often termed as not being expedient to take action.

This may include circumstances where there is a trivial or technical breach of control which causes no material harm or adverse impacts or in circumstances where development is acceptable on its planning merits.

Retrospective planning application

A local planning authority can invite a retrospective application where it is considered that an application is the most appropriate way to regularise the situation. A local planning authority can also use an 'Enforcement Warning Notice' to formalise the process of inviting a retrospective planning application. If an application is invited it does not automatically follow that permission will be granted.

Planning contravention notice (PCN)

A planning contravention notice is often used by the council to seek information they may want for enforcement purposes, these may include asking questions about the use or operations being carried out on the land.

Enforcement notice

An enforcement notice should only be issued where the local planning authority is satisfied that there has been a breach of planning control, and it is expedient to issue an enforcement notice. This will set out what the council considers to be the breach of planning control and what action(s) will be required to rectify the situation.

An appeal against an enforcement notice can be made to the Planning Inspectorate. It is an offence not to comply with an enforcement notice once the period for compliance has passed. A person guilty of an offence is liable on conviction to an unlimited fine and the council can in certain circumstances also seek to apply to recover any financial benefit obtained through the unauthorised development under the Proceeds of Crime Act 2002.

Planning enforcement order

A planning enforcement order may be necessary where a person deliberately conceals unauthorised development. A planning enforcement order enables an authority to take action in relation to an apparent breach of planning control notwithstanding that the time limits may have expired. To take this action the council must make an application within 6 months of the council becoming aware that there has been a breach of planning control. The application must be made to a magistrates' court and a copy must be served on the owner or occupier of the land, and anyone else with an interest in the land.

Stop notice

A stop notice prohibits any or all of the activities which comprise the alleged breach(es) of planning control specified in the related enforcement notice, however, it cannot prohibit the use of any building as a dwelling house, or the siting of a caravan occupied by a person as his or her own main residence. It is however necessary to ensure that a stop notice only prevents what is essential to safeguard amenity, public safety or prevent serious or irreversible harm to the environment.

Temporary stop notice

Temporary stop notices are a tool that allows local planning authorities to act very quickly to address some breaches of planning control, where it is expedient to do so. The council must be satisfied that the breach of planning control stops immediately and give appropriate reasoning for serving the temporary stop notice.

A temporary stop notice should only be served to safeguard amenity, public safety or prevent serious or irreversible harm to the environment. In the event a temporary stop notice is served it can last up to 56 days.

Breach of condition notice (BCN)

A breach of condition notice requires that previously imposed conditions are complied with and is an alternative to serving an enforcement notice. However, there is no right of appeal to a breach of condition notice. If a breach of condition notice is not complied with then prosecution can be sought via the Magistrates' Court.

Section 215 notice

A section 215 notice is served on a land or property owner if the land or buildings are deemed to be untidy and affect the amenity of an area. Where a notice is not complied with then a decision is made to determine whether:

• action is necessary
• seek to prosecute
• carry out works in default

Where the council carries out the work in default it can seek to recoup the monies which could include registering a charge against the property.

Advertisements

The erection of unauthorised advertisement is a criminal offence and in some cases the council may seek a prosecution. In other cases, a land or property owner may be advised to seek retrospective approval.

Injunction

A local planning authority can, where they consider it expedient for any actual or apprehended breach of planning control to be restrained, apply to the High Court or County Court for an injunction to restrain a breach of planning control. Proceedings for an injunction are the most serious enforcement action that a local planning authority can take and failure to comply with an injunction could result in a prison sentence for contempt of court.