What action can we take?
When the council investigates a breach, an assessment is made to determine what action, if any, is necessary.
The council will usually attempt to remedy unauthorised breaches through negotiation, rather than immediate formal action. This may involve the submission of a retrospective application or a requirement to take steps to ameliorate specific problems with a development.
In cases where the breach is serious or has a detrimental impact on the character or amenity of an area, the Council has a range of powers available to it under existing legislation, a summary of which is as follows:
- Enforcement Notice - used to remedy an actual breach of planning control by requiring an unauthorised use to stop or building works to be removed. There is a right of appeal against this notice.
- S215 Notice – where the condition of the land or building has an adverse impact on the amenity of the area.
- Stop Notice - served at the same time as an Enforcement Notice to require unauthorised activities to cease before the Enforcement notice comes into effect. A Temporary Stop Notice has also recently been introduced which seeks a cessation to activity for a period of 28 days.
- Breach of Condition Notice - can be served where there is a failure to comply with any condition imposed on a previous grant of planning permission.
- Injunctions - these are granted by the County Court or High Court to restrain any actual or expected breach of planning control.
- Planning Contravention Notice - served where it appears that there may have been a breach and the council requires information about activities on the land or nature of the occupier's interest in the land
- Prosecution action - may be taken, for example, in cases where unauthorised advertisements have been displayed, unauthorised works to a protected tree have been undertaken, or in instances where the requirements of a notice or injunction are not met within the stated timescale. This action is lead by the judicial process.