What is planning compliance?
Planning compliance is the process by which we ensure that development without planning permission is investigated and new development with planning permission takes place in accordance with the approved plans and conditions.
We seek your help in bringing matters that concern you to our attention.
The role of the planning compliance service
This service investigates complaints and controls and monitors development on the ground to ensure that it accords with approved plans and that any agreed changes continue to respect and protect the environment.
Planning compliance and enforcement are discretionary functions, however, public confidence in the planning system would be quickly undermined if development were not monitored and unauthorised development were allowed to proceed without any apparent attempt by the Local Planning Authority to intervene before serious harm to community interests results from it.
The council has the primary responsibility for taking whatever enforcement action is necessary in the public interest. The Local Government Ombudsman may find “maladministration” if the council fails to take effective enforcement action which is plainly necessary within a reasonable timescale.
Complaints
Complaints can be received in person at one of our contact centres, over the telephone, via our website or in writing.
The source of the complaint is confidential; anonymous complaints will, however, be dealt with at the discretion of the compliance team and progress reports will not be available.
The types of complaint that can be investigated by planning compliance officers are as follows:
- Unauthorised works to Listed Buildings – It is an offence to carry out unauthorised works to a Listed Building or demolish without consent.
- Unauthorised works to trees protected by a Tree Preservation Order or within a Conservation Area – it is an offence to carry out works to such trees and the council may pursue a prosecution.
- Unauthorised development – this may include building operations or the change of use of land or buildings.
- Unauthorised removal of hedgerows – under the Hedgerow Regulations 1997 the council is responsible for protecting “important “ hedgerows.
- Non- compliance with a planning condition – where a condition attached to a planning permission has been complied with.
- Unauthorised advertisements – it is an offence to display an advert without consent where express consent is required.
Some complaints may be more appropriately dealt with under different legislation such as that relating to noise or public health.
Enforcement action
The decision to proceed with enforcement action will only be taken once negotiation of a satisfactory outcome has failed.
It is our policy to give clear advice and guidance to persons breaching planning law to ensure that they fully understand the options, consequences and possible remedies.
If an individual is served with a formal notice they will be advised of their rights and obligations and how to appeal and any time periods concerned which may affect available options or remedies. In this case the council may serve one of the following notices:
- Breach of condition notice – can be served where there is a failure to comply with any condition or limitation imposed on the grant of planning permission. There is no right of appeal against this type of notice.
- Enforcement Notice – can be served to remedy an actual breach of planning control by requiring an unauthorised use to stop or building works to be removed. A notice can also be served to restrict or condition a particular operation that is otherwise unacceptable. There is a right of appeal against this notice.
- Stop notice/temporary stop notice – can be served in conjunction with or as a precursor to the service of an Enforcement Notice to require unauthorised activities to cease before the Enforcement Notice comes into effect.
View the planning compliance attachment for further information on:
- Injunctions.
- Section 215 notice.
- Listed building enforcement notice.
- Conservation area notice.
- Prosecution in conjunction with the unauthorised display of advertisements.
- Prosecution for non compliance.
- Dilapidated building Notice.
Please note this attachment is being updated and is temporarily unavailable. Please accept our apologies for any inconvenience this may cause.
It is an applicant’s responsibility to ensure that development is carried out in accordance with approved plans and that amendments are sought before they take place. Making changes to approved plans without permission can invalidate the permission.
To find out more about planning compliance and enforcement visit Communities and local government website which is linked to this page. Planning Policy Guidance Note 18 - Enforcing Planning Control can be found on this website.