Guidance Notes for Making an Enforcement Enquiry
(1) Breaches of Planning Control
(2) Poorly Maintained Buildings or Land
Please read these notes carefully before submitting your enquiry. They will
help you understand how we are able to action your enquiry.
Completing your Planning Enforcement Enquiry Form (EE1) will help both you
and the Council in a number of ways:
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(1)
It ensures that we have enough information to fully investigate an
enquiry.
It gives you the opportunity for you to have your say and for us to take
your concerns into account in deciding appropriate action.
It helps us to establish priorities and to use resources efficiently.
Breaches of Planning Control
A breach of planning control occurs when a person starts work on a building
or undertakes a new use without obtaining the necessary planning permission
(some minor works and changes of use do not require planning permission see below). The law does permit a person to submit an application after work
has been carried out, so as to seek to regularise acceptable development.
The legislation cannot, however, compel a person who has committed a
breach of planning control to submit a planning application to regularise that
breach.
Not all works or new uses need planning permission. The Town and Country
Planning (General Permitted Development) Order 1995 grants a range of
'blanket' permissions which allow householders and commercial operators to
carry out certain works and uses without the need for planning permission,
provided certain criteria are met. The law means, for example, that many
house extensions or new industrial processes may be 'permitted development'
and are not subject to planning control. Even where such development
causes harm it is outside the scope of our enforcement powers. (Further
guidance on permitted development can be obtained via the internet at
www.planningportal.gov.uk).
Breaches of planning control that are causing significant harm and are clearly
unacceptable will be enforced against quickly. A planning application will be
invited where breaches of planning control might be acceptable, possibly with
amendment. This will enable the issues to be thoroughly tested, including
consulting local people.
We have signed up to the 'Enforcement Concordat', which sets national best
practice standards for planning enforcement.
The Enforcement Process
We must act within the framework of legislation and advice provided by the
Government. Unlike theft, a breach of planning control is not a criminal
offence; its status is 'unauthorised'. If a breach has occurred and retrospective
planning permission isn’t obtained the Council must decide whether to take
enforcement action to rectify the situation. It may be that the unauthorised
activity or building is not thought to have a harmful affect in terms of the
issues which planning can consider and it is decided to take no further action.
A breach only becomes an offence if it continues after an Enforcement Notice
has been served and the period allowed for compliance has expired. An
Enforcement Notice will identify the breach of planning control and state what
is necessary to remedy the breach. A Notice could, for example, require an
unauthorised use to cease or for building works to be demolished.
When taking Enforcement action the Government requires us to be able to
show that the breach causes clear harm. This is especially important as the
legislation provides any person served with an Enforcement Notice the Right
of Appeal. To successfully defend the Notice we must be able to provide
evidence of harm. If we cannot, then the Notice will fail. It is therefore
important for you to be as clear as possible in describing the harm caused by
the breach (see question 5).
(2) Poorly Maintained Buildings or Land
Section 215 (s215) of the Town & Country Planning Act 1990 gives the
Council, as the Local Planning Authority (LPA), the power, in certain
circumstances, to take steps requiring land, including any buildings within that
land, to be properly maintained when the condition adversely affects the
amenity of the area. A s215 Notice may be served setting out the steps that
need to be taken, and the time within which they must be carried out. The
Council also has the power under s219 to undertake the work itself and to
recover the costs from the landowner. The use of s215 by the Council is
discretionary and it is therefore up to the Council to decide whether a notice
under these provisions would be appropriate in a particular case. Clearly the
level of maintenance has to be exceptionally poor to justify the Councils
intervention.
Section 215 is effectively used on large vacant industrial sites, town centre
street frontages, rural sites, derelict buildings, and semi-complete
development as well as on very dilapidated residential properties. We will
assess any poorly maintained buildings or land drawn to our attention for
possible action.
Planning Matters - What we can and cannot consider
In deciding whether to take Enforcement action the Local Planning Authority
can only take into account matters relevant to land use planning. It cannot be
used to protect one person's private or commercial interest against another.
Issues the Local Planning Authority cannot investigate
 Boundary Disputes
 Height of hedges and trees
 Internal alterations to houses (unless a listed building)
 External security lights fixed to houses
Similarly, it would not be appropriate for the Local Planning Authority to take
into account matters that are covered by other legislation, for example,
complaints of noise or the improper use of the public highway. Such
complaints are best directed to the Police or Environmental Protection
Service. Any such issues raised will be passed on to the relevant department.
You should be aware of the following:
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The subject of your enquiry is public information, but not your name
and address
Your name and address will be kept confidential.