Planning Enforcement

The Planning Enforcement Team can investigate the following matters:

• Unauthorised developments carried out without the necessary planning permissions, including changes of use of a building and/or land.
   
• Unauthorised developments carried out without the necessary consents such Listed Buildings, Advertisements and Works to protected trees.
   
• Developments carried out not in accordance with the permissions/consents granted. These are often known as a breach of conditions. Normally the development fails to comply with a condition which has been imposed as part of the approval process and listed on the decision notice. The most common form is when the development is not in accordance with the approved plans. 
   
• Untidy Land (Section 215 of the Town & Country Planning Act 1990)
   
• Hedgerow Removal
   
• High Hedges

Planning enforcement investigations primarily use the following legislations:

• Town & Country Planning Act 1990
• Planning (Listed Buildings & Conservation Areas) Act 1990
• The Hedgerow Regulations 1997
• Anti-social Behaviour Act 2003

The National Planning Policy Framework states that:

"Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.  They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate."

It's important to remember that the main role of enforcement is not to punish the party for breaching planning control, it is to control the unauthorised development and bring the development back in line with the approval and the relevant local and national planning policies. Formal enforcement action will be considered if this is not possible, or the development is causing or has the potential to cause significant planning harm which requires urgent action.

Any developers who proceed with projects without the necessary permissions in place do so entirely at their own risk. 

For further information regarding planning enforcement matters and the most common types of formal action please visit GOV.UK;

Enforcement and post-permission matters - GOV.UK

The Planning Enforcement team often receive reports which are not breaches of planning control or covered by our legislation. Before making a report please check the following page if your concern is something that we can help with.