Planning enforcement

Our planning enforcement officers investigate situations where they suspect there is a breach of planning control, using procedures in the Planning Enforcement Protocol as a guide.

A breach of planning control occurs when somebody develops a site without the necessary planning permission, or if the development does not meet the terms or conditions of a planning permission. It is the responsibility of the developer to comply with planning permission, but we can help by providing advice and dealing with details required by planning conditions. We encourage developers to send us the start notice provided with all permissions to tell us when they intend to begin work.

Unauthorised development

In most cases, when somebody wants to develop a piece of land or a building (including changing its use), planning permission is required. A development without planning permission is known as 'unauthorised development'.

The main situations in which a person might be considered to be in breach of planning control, include:

• developing a site without the planning permission needed
• having obtained planning permission but not meeting the conditions or legal agreement placed on the permission
• carrying out external or internal works to a listed building without listed building consent
• displaying a sign or an advert without advertisement consent
• demolishing a building in a conservation area without consent

It is important to note that most breaches of planning control are not criminal offences. However, the exceptions to these are when you:

• carry out unauthorised works to a listed building
• display some advertisements without permission

In these situations, we can take legal action.

Our approach to unauthorised development

The advice we use to make decisions about unauthorised development is contained in Planning Policy Guidance Note No.18, the Department of the Environment Circular 10/97, and under Sections 35 and 36 of the Building Act 1984.

As a local authority, we will use the powers granted to us under the provisions of the Town and Country Planning Act 1990 (as amended), the Planning (Listed Buildings and Conservation Areas) Act 1990, and the Building Act 1984 and Building Regulations 2000, including all other subordinate legislation, to control unauthorised development.

There are other factors which may affect our decision to take enforcement action. For example, does the breach of control affect public facilities or cause harm to land, people or buildings.

The council recognises that enforcement action must be quickly taken to prevent a breach of planning and building control from becoming well-established and more difficult to put right.