Enforcement -Doing Work Without Permission

Our investigation will reach one of these conclusions: 1. No breach has occurred - The development either has permission or doesn't need it. 2. No action - a breach has occurred but isn't harmful enough to warrant action - Not all breaches require enforcement action. 3. A breach has occurred that needs to be addressed - We'll take appropriate action as outlined below:

If  a breach has taken place we will take one of three courses of action:  

1. No action 

Formal enforcement action will only be considered where it is expedient and proportionate to 

do so.  

The Council will take into account a number of factors and will make a judgement about whether to take enforcement action based upon the following criteria: 

• Whether the breach of control would unacceptably affect public amenity 

• Whether it would give rise to a serious risk to public safety 

• Whether the existing use of the land/buildings merit protection in the public interest 

Any formal enforcement action taken will be commensurate with the breach of control to which it relates. It will generally be inappropriate to take formal enforcement action against a trivial or technical breach of control, which cause no harm to amenity in the locality of the site, or where the development undertaken is otherwise acceptable on its planning merits having regards to the provisions of the Development Plan and any other material planning considerations. 

2. Informal action 

Negotiation - We'll work with the landowner to resolve the issue voluntarily. Unless significant or irreparable harm is being caused, the Council will initially try to resolve 

breaches through negotiation. This may result in voluntary remedial action.  

Request a retrospective application - If we think permission might be granted (possibly with changes), we'll invite an application to regularise the situation.  This may involve serving an Enforcement Warning Notice which formalises the process for inviting a retrospective planning application and constitutes taking enforcement action for the purposes of the Town and County Planning Act 1990. 

3. Formal action 

Where it has not been possible to remedy a breach of planning control through negotiation, or 

the submission of a retrospective application; and where it is deemed expedient to do so the 

Council has a number of available options for formal enforcement action. 

Formal actions may include: 

• Planning Contravention Notice (PCN) 

• Enforcement Notice 

• Breach of Condition Notice (BCN) 

• Stop Notice 

• Temporary Stop Notices 

• Section 215 Notice 

If someone appeals against a notice, enforcement action is paused until the appeal is decided. If a notice isn't followed within the specified timeframe, we may take legal action against the landowner/developer.