What is planning enforcement?

We do sometimes get complaints about some developments taking place without permission or contrary to a condition on a Decision Notice. These are known as breaches of planning control. Breaches can range from householder developments, such as garden buildings, to changes of use of land or buildings, and can include new housing developments. 

Investigation and the Planning Enforcement Charter

We will investigate reports of suspected breaches and, where appropriate, we will start enforcement action to resolve the problem. You should note that the decision to take any enforcement action is discretionary and the Council may determine that such action is not expedient in the public interest.

The Council publishes a Planning Enforcement Charter, most recently reviewed and updated in May 2024. The Charter explains what powers are available to us, the Planning Authority, to investigate and remedy breaches of planning control and what we can and cannot do. The Charter is the Council's policy document for considering planning enforcement action and sets out:

• the Council's priorities for action
• the service standards you can expect from us
• how members of the public can bring any breach of planning control to the attention of the Council
• how any complaint about the Council taking enforcement action can be submitted and how it will be dealt with

Types of enforcement action

If we decide that enforcement action should be taken, there are various Notices that we can issue. These are listed below.

• Planning Contravention Notice: enables the Local Planning Authority to obtain information about a suspected breach of planning control
• Breach of Condition Notice: served where a condition on a planning permission is not being complied with
• Enforcement Notice: can be served where development is being carried out without planning permission or where a condition is not being complied with
• Fixed Penalty Notice: can be issued for failure to comply with planning enforcement notices and failure to comply with breach of condition notices
• Section 33a Notice: the Council may serve a notice requiring a retrospective planning application to be made in respect of unauthorised development
• Temporary Stop Notice: valid for up to 28 days and can be removed at any time prior to expiry by the Planning Authority
• Stop Notice: used where unauthorised activities require to be stopped for more than 28 days to safeguard amenity or public safety in the neighbourhood or to prevent serious or irreversible harm to the environment
• Listed Building Enforcement Notice: similar to enforcement notice but used where works have been carried out to a listed building without the benefit of Listed Building Consent or in contravention of a condition of such a consent
• Amenity Notice: can be served when the condition of land or a building is having a detrimental affect on the amenity of the surrounding area