Planning Enforcement enforcement options
Planning guidance and the principles of the Enforcement Concordat require officers to seek a voluntary resolution to a contravention whenever this is possible and appropriate. This does include officers advising the contravener, (without prejudice to any subsequent formal decision of the Council), that they could submit a retrospective planning application to retain or continue the unauthorised building/use if it appears at this stage that this may be acceptable to the Council. This approach does satisfactorily resolve many cases, with the contravener voluntarily rectifying harmful aspects of unauthorised development and/or obtaining retrospective planning permission.
When it is not possible or appropriate to obtain a satisfactory voluntary resolution to a contravention and it is considered expedient to take formal enforcement action to rectify any harm that this causes, the main options for action are summarised as follows:
- Service of an Enforcement Notice that requires works or action to take place, or a use to cease, sufficient to remedy the harm caused by the breach.
- Service of a Breach of Condition Notice to require compliance with a planning condition.
- Where breaches are causing serious harm a Stop Notice may be served in conjunction with an enforcement notice to require a negative action such as ceasing work or a use. In terms of the requirements of the stop notice, an appeal against the enforcement notice does not suspend its effect pending the appeal decision and contravention of an enforcement notice gives a liability to immediate prosecution.
- An alternative means of taking relatively quick action in the case of a seriously harmful breach would be to seek an injunction.
- Service of a Temporary Stop Notice that has a similar effect to the above Stop Notice but is only effective for 28 days and does not have to be served in conjunction with an Enforcement Notice.
- Court action prosecution can be taken directly against unauthorised advertisements.
- Service of an ‘Untidy Site’ notice to require remedial works or clearance of rubbish etc. from sites or buildings that are in a state of serious untidiness or disrepair that is harmful to the appearance of an area.
Although not a formal legal action, the service uses a ‘red card’ warning system for contraveners. This involves serving a notice whilst on site inspections on people who appear to be carrying out unlawful works or uses. It warns them in clear language that they appear to be contravening planning law and that if they proceed they do so at their own risk of subsequent formal enforcement action.