What Planning Enforcement action can the Council take?
We usually try to resolve a planning enforcement case through informal agreement with the people responsible. If negotiation fails to resolve the problem, we have powers to take the following enforcement action:
Planning Contravention Notice Served on the landowner / operator to obtain information about suspected unauthorised development
Information provided is used to decide whether further action is required
Failure to reply to the notice can lead to a fine of up to £ 1,000 upon conviction
Breach of Condition Notice
Requires a landowner / operator to comply with planning permission conditions which they have breached, within a specified time-scale
- There is no right of appeal
- Failure to comply could result in prosecution and a £ 1,000 fine
Enforcement Notice Used when serious unauthorised development has occurred
- Requires the unauthorised development to be rectified within a specified timescale
- Person served with the notice has 28 days to appeal against the notice
- The appeal is heard by independent Planning Inspector. If the appeal is dismissed, or no appeal is made, failure to comply with the requirements of the notice will usually result in prosecution, the maximum fine being £ 20,000
- The Council has direct action powers in the event of continued non-compliance
Section 215 Notice Served on a landowner when the poor condition and appearance of a property or land is detrimental to the surrounding area / neighbourhood
- Notice requires proper maintenance of the land / property in question, and steps are stated to remedy the problem
- No right of appeal, and failure to comply could result in prosecution and a fine of up to £ 1,000
Tree Preservation Notices
When trees are protected by a Tree Preservation Order, the owner must obtain the Council's consent to lop, top or fell a protected tree. Felling or damaging a protected tree without the Council's consent is a criminal offence which can lead to prosecution and fines of up to £ 20,000
Stop Notices
A "draconian" measure used only in exceptional circumstances where it is essential that:
(a) activities cease immediately to safeguard amenity or public safety in the neighbourhood
(b) activities cease immediately to prevent serious or irreversible harm to the environment
- Issued with an enforcement notice, to require a particularly harmful activity (e.g. waste disposal) to cease
There is no right of appeal, but if an enforcement notice appeal is made then the merits of the stop notice may be considered. Non compliance with a stop notice is an offence which carries a maximum fine of £20,000.
Injunction Sought in the most exceptional cases, in the County or High Court, to restrain persons from carrying out or continuing unauthorised development
- The contravention of an injunction is contempt of court and the court can levy an unlimited fine or impose a custodial sentence
- As a last resort, if a person does not or cannot comply with the requirements of an enforcement notice, we can enter the land and undertake work to comply with the notice. The cost is then charged to the landowner / operator, but in many cases would have to be absorbed by the Council in the short term
- Furthermore, there are time limits for taking enforcement action