Planning Enforcement

Planning Enforcement investigates alleged breaches of planning control

Who can complain to Planning Enforcement?

Residents, Residents' Associations, Businesses or Councillors can all make a complaint to Enforcement.

When will Planning Enforcement consider formal action?

Formal action will be considered when:

• Development is commenced or a change of use occurs without the relevant planning consent.
• Works are undertaken to trees covered by preservation orders without consent.
• Advertisements are displayed without consent.
• Demolition or alteration to Listed Buildings or buildings within Conservation Areas takes place without consent.

What will Planning Enforcement not do?

 Planning Enforcement will not get involved with:

• Neighbour disputes.
• Investigation of land ownership
• Boundary disputes.

What if a complaint is made about your premises?

 If a complaint is made about your premises, we will:

• Not enter your property unless we believe that is necessary to do so. Our officers will always carry proof of their identity.
• Carry out a full and independent investigation of the matter before deciding on any action.
• Tell you what the conclusions of our investigations are. We will inform you of what you have done wrong, what we would like you to do to put it right, how long we will allow you to do this, and what will happen if you do not put it right.
•  Write to warn you if we decide to issue an Enforcement Notice or start prosecution proceedings against you

If you have gone ahead without the required permission the council may simply ask you to apply retrospectively. Much depends on the nature of the development and its effect on neighbours. If the council considers that the development involves a breach of planning control, it may take remedial enforcement action.

Enforcement action

It is not a criminal offence to carry out development, which should have first been the subject of planning permission. Enforcement action can only be taken where there has been harm caused to public amenity.

This usually involves issuing an enforcement notice setting out the measures needed to remedy the breach, and the date by which these must be implemented. You may be required to cease your activities, or demolish all or part of the building. If you have not complied with a condition imposed on the grant of planning permission, the council may issue a breach of condition notice requiring you to carry out work to observe the terms of the condition.

There is a right of appeal to the Secretary of State against an enforcement notice. If an appeal is dismissed and the notice becomes effective, it is an offence not to comply with it, and the council may decide to prosecute you. As enforcement proceedings are likely to be time-consuming and disruptive to your business, it is as well to consult the council before you go ahead with your proposed development.

There is no right of appeal against a breach of condition notice and you will risk prosecution if you do not comply with it.

Appeals against Enforcement

For information about appealing against enforcement notices please visit the planning portal

How do I complain to Planning Enforcement?