Enforcement Notices are documents served when we require the use of the land to stop, and/or any buildings or structures that do not have planning permission to be removed.
We ascertain the names of all the owners and occupiers of the property and make sure they are served a notice. The notice itself has to be precise as to what action we want taken and by what date.
There are rights of appeal to the Planning Inspectorate and the notices can be challenged if they are inaccurate.
Breach of Condition Notice
When conditions that were part of planning permission are being disregarded, we can serve a "Breach of Condition Notice" on the developer or occupier. If this is not complied with, the Enforcement Team can take legal action.
There are no rights of appeal against a Breach of Condition Notice. Where appropriate the council will use this procedure in preference to the service of Enforcement Notices.
What happens next
- The complainant will be informed when the enforcement notices are served, what action they require and when the period for compliance runs out.
- The complainant and neighbours will be advised of any appeal that is lodged against an enforcement notice and the grounds upon which the appeal has been made. They will then be able to make further comments to the planning inspector dealing with the case, although at this stage names and addresses cannot be kept confidential.
- Arrangements to inspect the premises will be made by the enforcement officer dealing with the case no later than 21 days after the compliance period runs out, in order to find out whether the requirements of the enforcement notice have been satisfied.
- If the unauthorised development remains in place after the enforcement notice becomes effective, we will start legal action as soon as possible and the complainant will be kept informed of the outcome of any prosecution. As a last resort we will consider carrying out works itself to remedy the breach.
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