Summary

Further information on the role of enforcement. Specifically the enforcement officer's role and details on the different types of offences.

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The Enforcement Officer

The enforcement officer works within the Planning Section and is responsible for dealing with breaches of planning control.

 

Aim to bring unauthorised development under control

This is achieved by a variety of means – bringing the matter to your attention is often sufficient, pointing out remedies such as altering the development to fall within 'permitted development', negotiating changes to the development and inviting appropriate planning applications, or applications for lawful development.

 

This will be achieved by:-

• Investigating the alleged breaches of planning control by visiting the site.
• Investigating alleged breaches of planning control, encouraging resolution of the problems by advising, assisting about 'permitted development', relocation of businesses, and timetabling the cessation of uses and the removal of developments 
• Identifying and advising about lawful uses and, if appropriate, invite applications for lawful use
• Advising about planning permission and, where appropriate, invite applications for planning permission to retain developments
• Requiring the cessation of the unauthorised uses or developments, bringing unauthorised development under control, where necessary issuing notices under the relevant Planning Acts, providing advice about appeals against the issue of enforcement notices, prosecuting and giving evidence at criminal and civil courts and public inquiries as necessary, pursuing the Council's legitimate costs in all cases where appropriate. This can result in a charge being placed on your property.

 

Offences

Offences under the Planning Acts are punishable at the magistrates court and/or crown court, for example by doing the following:-

 

1) failure to comply with the requirements of an enforcement notice or other notice issued under Parts 7 and 8 of the Town and Country Planning Act 1990 and the Planning and Compensation Act 1991;

 

2) unauthorised works to a listed building;

 

3) unauthorised works to a tree which is subject to a tree preservation order;

 

4) display of an advertisement without consent;

 

5) the removal of hedgerows without consent;

 

6) to give false or misleading information in response to statutory requisitions for information;

 

7) to give false or misleading information in an application for a certificate of lawful use or established development.

 

The maximum fine upon conviction in some of the above offences is £20,000, and if convicted at thr crown court can be an unlimited fine and/or a term of imprisonment.

 

Breaches of planning regulations are treated very seriously and we are committed to bring unauthorised development under control and will prosecute in all appropriate cases.

 

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