Planning Section
North Norfolk District Council
Holt Road, Cromer, Norfolk, NR27 9EN
Enforcement Enquiries: 01263 516247 / 516228
Email: planning@north-norfolk.gov.uk
THE PLANNING ENFORCEMENT SERVICE
Planning Enforcement investigates alleged breaches of planning control and monitors conditions
attached to planning conditions.
Planning laws are designed to control the development and use of land and buildings in the public
interest. North Norfolk District Council operates its enforcement activities within government
guidelines as set out in the National Planning Policy Framework (NPPF) published in March
2012, and in accordance with the Council's policy as set out in the Local Development Framework
Core Strategy.
In exercising its enforcement function, particular efforts are directed towards maintenance of the
integrity of specially protected areas and buildings, including the Norfolk Coast Area of Outstanding
Natural Beauty, Conservation Areas, Listed Buildings and other historically significant sites together
with the interest of protecting local residents’ amenities. The service will seek to achieve a proper
balance between these interests and other interests of acknowledged importance and in particular
those concerning the economic well-being of the District.
The Purpose and Aims of Planning Enforcement
Working within these policies and guidelines, the purpose of the Enforcement Section is to bring
unauthorised development under control (not necessarily to remove it). It should be noted that:
Carrying out work or changing the use of land or buildings without planning permission is not a
criminal offence. Planning enforcement actions should not be taken just because development
has started without planning permission.
The council does not investigate disputes over land ownership, boundaries, private or public
rights of way or neighbour disputes, that do not involve planning harm.
The Council does not always have to take action but the particular circumstances of the case
must always be considered.
It is not normal to take formal action against a minor breach of control that causes no real harm.
Exercising its Enforcement Powers:
Wherever possible, the Council seeks the co-operation of owners and developers in remedying any
breach of planning control on the basis of voluntary compliance. This is achieved by a variety of
means:Bringing the matter to the attention of the developer who is in breach of planning control is often
sufficient.
Negotiating the removal of unauthorised development or the phased ending of an unauthorised
change of use.
Pointing out remedies such as altering the development to fall within 'permitted development', or
negotiating changes to the development.
Inviting planning applications or applications for a certificate of lawful use. Where retrospective
planning application is invited, the Council will be no more or less strict than it would have been
when considering the merits of a prior application for planning permission had the development
not been carried out.
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When retrospective applications have been invited, complainants will be advised and
applications will be advertised on site in accordance with the Council's normal policy.
In cases where permission is refused for the retention of a development already in breach of
planning control, the Council will normally consider whether enforcement action should be
authorised immediately following the decision to refuse permission.
We also proactively monitor compliance with planning conditions on approved developments
which are selected by Officers in delegated cases and by the Development Committee for
monitoring.
We:
Contact the developer by letter and telephone and encourage receipt of the necessary details to
discharge conditions.
Carry out site visits to check compliance with conditions.
Request the submission of amended plans or a new planning application when significant
departures from approved plans are identified on site.
Use Building Control staff to check the setting out of new developments.
Formal Enforcement Action
Where breaches of planning control cannot be resolved by voluntary compliance or the submission
of a retrospective planning application, the Council will give consideration to the taking of formal
action through statutory notices under the relevant Planning Acts. The Council will, when
considering formal enforcement action:
Have regard to the planning merits of the case and will specifically endorse the reason for taking
enforcement action.
Consider the expediency of taking such action: and
Specify the period for compliance, and particularly in the case of unauthorised businesses, tailor
the timing of action to give the best possible opportunity for re-location without undue delay.
If formal enforcement action is authorised, the Council will serve an Enforcement Notice on the
owner and/or occupier of the land. The notice explains the nature of the breach of control and sets
out what steps are necessary to put things right, and a date by which this must be done. If the notice
is not complied with, the Council may bring a prosecution in the Magistrates Court.
In most cases, people who receive an Enforcement Notice can appeal to the Planning Inspectorate.
An appeal has to set out why it is felt that the action should not be taken. The appeal can be dealt
with by an exchange of letters, an informal hearing in front of an inspector, or at a Public Inquiry.
Where an appeal is lodged, the Council can take no further action until the appeal has been
decided. It is not unusual for the appeal process to take several months.
The Council can also carry out other enforcement action, including:
Service of a 'Breach of Condition Notice' where development has taken place without
compliance with a condition(s) of the planning permission.
Service of a notice requiring the proper maintenance of land under Section 215 of the Town and
Country Planning Act 1990.
Prosecution in connection with unauthorised advertisement display.
Service of a 'Listed Building Enforcement Notice' where unauthorised work has taken place to a
building listed as having special architectural or historic interest.
Service of a 'Conservation Area Notice' where unauthorised demolition has taken place within a
designated Conservation Area.
Prosecution for non-compliance with a requirement to replace a protected tree.
Prosecution for unauthorised work to a protected tree.
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