In more detail
Planning Enforcement is the process by which your council investigates and resolves complaints about breaches of planning control. As well as looking into complaints about development taking place without planning permission, the council investigates the use of buildings for activities which have not been permitted. So, for example, the planning enforcement part of your local council can look into and take action:
- against householders who have extended their property without getting necessary permission
- against businesses which are using domestic property to carry on commercial activities without getting the necessary change of use approved.
If things like unpermitted development or the use of homes and garages etc for commercial activities is a problem in your neighbourhood, then planning enforcement is the way your council can help. The council may also be able to take enforcement action on issues like hazardous substances, illegal encampments and unauthorized advertising.
Action
In carrying out planning enforcement, the council has to balance:
- the rights of individuals to use or alter their property in the way they wish;
- the need to safeguard the character and quality of neighbourhoods;
- the public interest in upholding planning policies for the local area.
The council can take legal action, but will generally try to remedy the situation through other means first. This is in line with the National Planning Policy Framework which says enforcement action should be proportionate. The range of enforcement action open to the council includes:
- taking informal action including advice, mediation, warning in cases of a genuine mistake and minor mistake
- or granting retrospective planning permission – to regularize the situation when this is in the public interest
- or issuing a notice or order
Orders and Notices are:
- Planning Contravention Notice – which requires the developer to provide information to enable the council to decide on further action
- Enforcement Notice or a Planning Enforcement Order – these require action to be taken on the part of the developer to remedy the breach in planning control. The latter can be used even if the normal time limit for taking enforcement action has passed if the council believes there has been deliberate action taken to conceal the breach from them
- Stop Notice – these are used with Enforcement Notices to require action which may be in breach of planning control to cease
- Temporary Stop Notice – as above but used without an Enforcement Notice to enable councils to take immediate action to halt a breach
- Breach of Condition Notice – requires compliance with planning conditions within a time period.
Councils can also:
- apply to the High Court for an injunction to halt a breach in planning control
- ask a magistrate to agree to provide Rights of Entry to property to investigate a suspected breach
- take special actions in the case of listed buildings and protected trees
- take action on breaches in consents to store hazardous substances on premises
- take action on unauthorized advertising hoardings, fly-posting and graffiti
- take action, with the police, on illegal encampments.
| Key Facts:
Councils have a range of enforcement actions they can take against unpermitted development. Planners will investigate complaints and may take action. They will, however, balance the rights involved and try to achieve the best result through informal action if they can. |
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BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-07-18 10:37:21 | by: admin | status: f published |