What Happens If Development Takes Place Without Permission?
Enforcement Officers in Planning Control investigate alleged breaches of planning control that can result from people starting construction work, or changing the use of their buildings or land, before they have gained the necessary planning approval. If unlawful activities have been carried out, a letter is sent alerting the offenders to the problem and advising of them what must be done to put it right. If the unauthorised activity continues the Council can serve a Planning Contravention Notice as a preliminary step towards taking enforcement action.
Report a Breach of Planning Control.
This notice requires information including ownership details and offenders can meet a representative of the Council to discuss the alleged breach. This sometimes results in a retrospective planning application being submitted so that the matter can be formally considered by the Planning Board. At that stage, objectors are given the opportunity to make their views known in the normal way (see Planning Application Publicity ).
If the application is approved, then that is the end of the matter. If, however, the application is refused or the offender refuses to submit a planning application and the activity is still being carried out, the Council will have to consider whether it is appropriate to issue an Enforcement Notice. This specifies what the problem is, what must be done to put it right, and gives a time period in which this should be done.
There is a right of appeal to theSecretary of State for Communities and Local Government against the serving of an Enforcement Notice. This may result in the Enforcement Notice being quashed if the Secretary of State considers that the activity in question should be allowed to continue or the building be allowed to remain.
If, however, an appeal is not lodged against the enforcement notice, or it is lodged and dismissed, and the Enforcement Notice is not complied with, the offender will be liable to prosecution in the Courts.
The Council also has powers to serve a Breach of Condition Notice where there is a failure to comply with any condition attached to a planning approval. There is no right of appeal against the notice and failure to comply with the notice may result in prosecution. Other powers available to the Council can be used to require the owner of a particularly untidy site to carry out works to rectify the situation.
Some advertisement signs may be displayed without consent. If, however, signs that do require consent are displayed without it, powers are available to the Council to prosecute the offending party.
The Planning and Transport business unit will investigate any written complaint that it receives. All complaints are, as far as possible, kept confidential.
| |
|
