Planning Enforcement

Planning enforcement action can only be taken when development has been undertaken or a use has been carried out without the necessary permission/consent.  

The Scope of Enforcement Action

'Permitted Development' rights allow a certain amount of development, be it works or change of use, to be undertaken without the need for planning permission/consent. In such circumstances we are unable to take enforcement action.  However, where it is clear that development or the use of land requires planning permission/consent we shall investigate the matter and decide on appropriate action.

Permitted Development Rights for Householders

If you live in a single dwelling house you can make certain types of minor alterations which do not require planning permission. These alterations come under the term permitted development rights  For example, an occupant of a terrace house, provided that certain restrictions are not applicable, can build a rear extension whose cubic capacity is not in excess of  fifty cubic metres, is no more than four metres high and within two metres of the property's boundary. Although there are many restrictions concerning householder developments the more caveats are those concerning the property's location (e.g if it is in a Conservation Area) and those addressing property's roof line. Before any work to property is undertaken without planning permission it is recommended that Planning: A Guide for Householders is referenced

It is not an offence to carry out development without planning permission.  However, it is an offence to:

• Carry out works (other than like for like repairs) to a listed building without listed building consent;
• Carry out works to protected trees without the Council's written consent;
• Display an advert without the necessary advertisement consent

Enforcement procedure

It should be noted that the Council will use enforcement action as a last resort and will initially attempt to resolve any complaints by different measures.  This will consist of asking the person responsible to take the following action(s):

• Submitting a retrospective planning application;
• Ceasing the unauthorised use and/or removing any unauthorised development;
• Demonstrate that planning permission has been obtained or is not required.

Online complaint form: Planning Enforcement

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Page updated: 16 Sep 2008