The council has a charter that confirms how it will undertake its planning enforcement functions, and this is available below:
The effectiveness of legislation controlling development depends on the powers available to the planning authority to ensure compliance.
What is a Breach of Planning Control?
‘The carrying out of development without the required planning permission or failure to comply with a condition or limitation imposed on a planning permission’
What is Enforcement Action?
Section 171A of the Town and Country Planning Act 190 defines enforcement action as constituting the issue of an enforcement notice or the service of a breach of condition notice.
Who takes Enforcement Action?
The power to take enforcement action rests with the local authority or county council if it is a county matter.
Different Type of Enforcement Action
- Planning contravention notice
- Beach of condition notice
- Enforcement notice
- Stop notice
May appeal against an enforcement notice (same as a planning appeal).
NB: Local Planning Authorities have powers to entry – if refused can enter under a warrant.
Circumstances where enforcement action cannot be taken
- operational development (i.e. building works), where the works have been substantially completed for more than 4 years
- the use of a building as a dwelling house or change of use to flats, where the use took place more than 4 years previous
- 10 years for any other breach i.e. changes of use of land/buildings.
- a condition has not been complied with for 10 years or more.