type of enforcement actions

Planning Contravention Notice

This allows the Council to find out exactly what is taking place at a site if it suspects that a breach of planning control has occurred. The person providing the information must answer truthfully, or risk a fine.

Enforcement Notice

This is the usual means by which unauthorised development can be removed or stopped. Anyone affected by an enforcement notice has the right to appeal. Service of a notice does NOT prevent unapproved building works or use of land from continuing while an appeal is being heard. The notice must specify what the alleged breach is, the reasons for issuing the notice, what action is required and the time given to do this.

Stop Notice

This requires that an unauthorised use or building work should stop immediately. It is therefore served at the same time as an enforcement notice. It is used to ensure serious breaches of control are not allowed to continue.

Breach of Condition Notice

This is used to secure compliance with conditions attached to a planning permission. There is no right of appeal against this type of notice. The threat of prosecution may therefore be enough to ensure the condition is complied with in the future.

Tree Replacement Notice

This can be served on a landowner requiring them to replant a tree or trees that were subject to a Tree Preservation Order and removed without permission. The Council can specify the size and species of the replacement planting.

Untidy Land Notice

If land, such as a garden, is so untidy such that it affects local amenity, steps can be taken that require it is cleared up. Its condition, however, must not be the result of lawful operations or use of the land. Thus, if building works are being carried out, the owner is not be expected to keep the site tidy until the works have been completed.

Injunction

This can be used to control the use of land, but only in extreme cases. It will be used where other methods have failed, or are likely to fail, and the effects are particularly harmful.

Please note that the law relating to enforcement is extremely complex.  This website gives only a general guide and should not be relied upon, or taken to be an interpretation of the law.   The Council has adopted its own technical guide which contains detailed procedures for enforcement.   This forms the basis for all investigations into enforcement action and the Council will have regard to this in all cases.