There are a number of potential outcomes and planning resolutions to a reported breach of planning control complaint.
When a breach of planning control complaint is made and investigated by the planning enforcement team, there are a number of outcomes and planning resolutions to the reported matter:
By encouraging you to voluntarily resolve a breach of planning control for which you are responsible, we may:
Many breaches of planning control are resolved in this manner.
However where a breach of planning control is so serious that it merits immediate action, we will take formal action where necessary and without offering an opportunity for the matter to be resolved voluntarily.
Such action can take a number of forms including, issuing Notices:
Enforcement Notices and Listed Building Enforcement Notices
Breach of Condition Notices
Untidy Land Notices
Improvement or Repairs Notices
Where it is considered expedient to do so a Temporary Stop Notice maybe issued.
In circumstances involving potentially serious and irreversible unauthorised development, issuing of an injunction may be appropriate.
Non-compliance with the Notices listed above within the required timescale is an offence which the we will normally seek to pursue by means of a prosecution.
We will require that any such works cease immediately and that unlawful advertisements are removed within 5 days.
Where that cessation or removal does not occur and/or where such unauthorised works result in material harm to protected buildings or trees, legal action will usually be taken.
Decisions to proceed with legal action will take account of the Crown Prosecutor’s Guide and in particular will be made with reference to:
Non-compliance with a Notice may result in us arranging for appropriate remedial works to be undertaken.
This approach will only be used in appropriate circumstances and in most cases, the Council will seek to recover the cost of undertaking those works from the responsible parties and may mean the imposition of a charge on the land in question.
In the circumstances where an informal request to remove an unlawful advertisement has not been complied with, we will use the powers available to us to remove the advertisement.
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