Enforcement guide

Contents

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The role and responsibility of the Planning Enforcement Team

The Local Planning Authority has a core objective to strive to improve and manage the environment around us, and where possible, encourage the regeneration of the Bradford Metropolitan District.

The purpose of the Planning Enforcement team is to investigate alleged breaches of planning control, seeking positive action to resolve the matter. The Council investigates approximately 1500 new enforcement related enquiries a year. Whilst every effort will be made to resolve all complaints the Local Planning Authority, will at times, due to staff resources, take longer to deal with less serious issues. Officers are available to offer help and advice. They will listen to the complaints and associated problems and will try and deal with the complaint in a sensitive and caring way.

Planning laws and policies are designed to control the development and use of land and buildings in the public’s interest. They are not meant to protect the private interests of one person against the activities of another. The relevant background legislation to these powers is contained primarily within the Town and Country Planning Act 1990 (as amended) the Planning (Listed Buildings and Conservation Area) Act 1990 (as amended). This legislation is supported by Government advice, which includes the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (PPG).

Planning enforcement is complex and resolving issues can take time. It is rare that the process can achieve immediate action to stop a breach as investigation is required. It is important to note that the authority will not always take action when there is a breach of planning control. The Local Planning Authority is required to consider the expediency of doing so and the harm being caused by the breach.

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Purpose of the enforcement guide

Bradford Council has produced a guide to planning enforcement to provide a comprehensive overview of the enforcement process. This will ensure that planning enforcement remains a clear and transparent process.

The Guide to Enforcement provides information on how the council will approach and deal with breaches of planning control. This will set out how to deal with enquiries, what we can and cannot investigate, types of breaches and enforcement priorities. Furthermore, detail will be provided on how breaches are assessed, what action is taken to resolve breaches and what powers are available to the Local Planning Authority.

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Planning enforcement principles

The Local Planning Authority endeavours to maintain public confidence in the planning system. The Planning Enforcement team will strive to uphold the following key principles in day to day operations:

Proportionality

Any enforcement action taken should be proportionate to the severity of the breach and the level of harm caused to amenity. The Local Planning Authority will consider its full range of enforcement powers in order to resolve breaches of planning, including negotiation and retrospective planning applications. It is at the Council’s discretion whether to take formal enforcement action.

Consistency

The Local Planning Authority will seek to be consistent in their approach with investigating, assessing and resolving breaches of planning control. Each case is assessed on its own merits at the professional judgement of the enforcement team.

Objectivity

Enforcement officers will make decisions based on the information available and the merits of each case, taking into account local and national planning policies and guidance.

Transparency

Where breaches of planning are identified, officers will explain why the development or works are considered to be unauthorised, what can be done to rectify the breach, give reasonable timescales and be able to give a clear explanation for the reasoning behind their decision.

Helpfulness

Where it may be possible for minor or certain breaches to be remedied quickly, officers will seek to negotiate and offer advice to seek to rectify the breach. Correspondence from the enforcement team will identify the officer dealing with the case and provide relevant contact details. Officers will aim to respond to call enquiries and correspondence within a reasonable time frame.

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How to report a breach of planning control

Find out how to report a breach of planning control.

What happens following a complaint

The Planning Enforcement team will aim to acknowledge the receipt of all complaints within five working days. Dependent on workloads and service demands, it may not always be possible for this target to be met.

Following the receipt and acknowledgement of a complaint, a case will be created on our database and this will be allocated to an officer for investigation in due course. Due to service demands and limited resources, it may be a number of months before new enquiries are allocated to an officer for investigation. New enquiries are allocated based on the order in which they are received and the enforcement team’s priorities.

Complainants will be provided with updates on their enquiry at key stages of the investigation or when significant progress has been made. Examples of this include:

  • Following a site visit or inspection and initial assessment of the alleged breach
  • When a challenge letter has been sent to the offender
  • When a retrospective planning application is received by the council
  • When formal enforcement action is taken
  • When an investigation is completed and the case has been closed

In some cases, for alleged breaches relating to a change of use, it may be necessary for officers to undertake numerous site visits and monitor a site in order to gather evidence of a breach or build a picture of the scale and nature of a breach. We will on occasion ask complainants to assist us in this process by keeping log sheets over a period of time.

In some cases, it may be necessary for us to rely on evidence from complainants in order to take action and you will need to consider whether you are willing to actively assist the Council by collecting evidence and acting as a witness at an appeal or in Court. The Council’s Enforcement Service will explain what may be required of you in these cases.

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What happens when a complaint is made about you

Find out what happens when a complaint is made about you.

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What we can and cannot investigate

The Council receives a number of enquiries that relates to matters which cannot be dealt with through the powers of the planning department.

Issues that the Planning Enforcement Team can investigate

  • Unauthorised building or engineering works
  • Non-compliance with planning permission
  • Unauthorised change of use of land or buildings
  • Unauthorised works to a listed building
  • Unlawful display of advertisements
  • Breaches of planning conditions
  • Untidy land or buildings which are harming the appearance of the local area
  • Demolition within a conservation area
  • Unauthorised works to protected trees

See more information relating to different types of planning.

Issues that the Planning Enforcement Team cannot investigate

  • Neighbour disputes
  • Boundary or land ownership disputes
  • Damages to private property or loss of property value
  • Breaches of property deeds or covenants
  • Dangerous structures or buildings (contact Building Control)
  • Matters relating to Party Wall Act
  • Health and safety matters not resulting from a breach of planning
  • External security lights (unless the building is listed or the lights are associated with unauthorised development)
  • Construction site operations and hours of working (unless subject to planning condition from a previous approval)
  • Blocking of access or designated rights of way (contact Rights of Way)
  • Parking and obstructions on a public highway (contact Highways)
  • Noise disturbance or other pollution (contact Environmental Health)
  • Internal alterations to dwellings (unless a Listed Building)

Issues relating to neighbour disputes, boundary and land ownership, damages, party wall acts, breaches of property deeds or covenants and blocking of access and rights of way are considered to be private legal matters. Such issues are to be resolved by the private parties involved through civil law. It is not the role of the planning enforcement team, or any other council department to resolve or mediate such matters.

Types of planning control breaches

The table below outlines all types of breaches of planning control that are within the remit of the planning enforcement team to investigate.

Type of breach Description of breach
Unauthorised Development Construction or building works considered to represent operational development that is outside the parameters of permitted development. This can include alterations to an existing building, erection of new structures and engineering operations.
Non-accordance with Planning Permission The failure to carry out development in accordance with an implemented planning approval.
Changes of Use A material change of use of land which is not considered to be permitted development, falls within the same use class or is an ancillary use.
Works to Listed Buildings Any works to a listed building that require listed building consent. It is a criminal offence to carry out unauthorised works to a listed building. This may also include unauthorised signs on listed buildings.
Unauthorised Advertisements Any form of advertisement or signage that requires advertisement consent. It is a criminal offence to display adverts without consent.
Breaches of Planning Conditions Failure to discharge or comply with the conditions stipulated on the decision notice of an implemented planning approval.
Untidy Land Any works, development or other activities that have resulted in untidy land that is considered to be detrimental to amenity.
Demolition within Conservation Area Demolition works within a conservation area that are considered to require planning permission.
Works to Protected Trees (including trees in conservation areas) Any works which including pruning, lopping, uprooting, felling or any damage, to a tree that is within a conservation area or benefits from a tree preservation order. It is a criminal offence to carry out unauthorised works to a protected tree.
High Hedges High hedges that are considered to have an adverse effect on an occupant’s enjoyment of their home and/or garden area.

The order of the breaches listed in above table does not represent how different types of enforcement breaches are prioritised. For information on the Council’s enforcement priorities, please see the enforcement priorities below.

Enforcement priorities

Due to the large volume of enquiries that Bradford Council receives and the limited capacity to deal with a certain number of enquiries at any one time, the Council has agreed on a set of enforcement priorities. These are listed as follows:

  1. Matters concerning health and safety and significant nuisance (significant nuisance is defined as an activity, building or other structure which by its presence has, or is likely to have, an adverse effect on residential, working or visual amenity in the surrounding area)
  2. Breaches of planning concerning Listed Buildings, Conservation Areas and trees protected by a Tree Preservation Order(s)
  3. Breaches of planning located within Transport Corridors, Gateways and High Public Amenity Areas
  4. Issues that have an adverse impact on the visual amenity and character of the street scene or local environment

Whilst every effort will be made to resolve all complaints, the Local Planning Authority will at times, due to staff resources, take longer to deal with less serious issues.

How breaches are investigated and assessed

After an enquiry has been logged on the enforcement database for investigation, it will be assigned to a case officer, who will be responsible for investigating the issues and carrying out an assessment to determine if a breach of planning has occurred.

In some instances, an officer may be able to identify a breach of planning through an initial desk study or through information and evidence provided by a complainant. In these cases, the enforcement team may send an advisory letter to or even challenge the owner/occupier believed to be responsible for the breach.

The majority of enquiries received will require the case officer to conduct a site visit. The purpose of visits can be to take photographs, measurements, assess the issue first hand and make contact with the owner/occupier of the land if deemed necessary.

There are some situations where another department within the Council is better placed to deal with the issue raised and in this case we will refer the complaint to the relevant department.

Following an initial investigation, the officer will assess the situation to determine if a breach of planning control has occurred. Further information on relevant areas of assessment can be found in the definition of development, permitted development rights and expediency sections below.

If it is determined that no breach of planning has occurred, or if the breach of planning is not expedient to pursue any further, the case officer will submit an officers report. Once reviewed and signed off by a senior officer or enforcement manager, the case will be formally closed following the conclusion of the investigation. The complainant will be notified of the outcome at this stage, with the reasoning for the decision explained.

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Site visits and rights of entry

As part of their role in investigating and assessing breaches of planning control, it may be necessary for enforcement officers to enter onto private land or property in order to carry out an inspection, take photographs and measurements.

Due to the nature of planning enforcement work and the large number of site visits officers are required to conduct, the majority of visits will be made without prior arrangement with the owner/occupier. Enforcement officers will carry approved identification which will be produced for inspection on request.

Planning enforcement officers are given extensive powers to enter land for enforcement purposes under Section 196A to C of the Town and Country Planning Act 1990. It is a criminal offence to wilfully obstruct an authorised person using this right of entry.

In order to assess breaches of planning control, officers are able to enter into buildings that are used as a dwellinghouse. If entry is refused by the owner/occupier at that time, then the officer is required to send notice of intended entry at least 24 hours in advance of a further visit. The giving of notice only applies to buildings used as a dwelling house, and does not apply to outbuildings or garden areas that are within the residential curtilage of a dwellinghouse. Notice of entry is also not required for any other private land.

If an enforcement officer is denied entry to a site in order to carry out their lawful duties, officers can use their powers under Section 196B of the Act to obtain a warrant from the local Magistrates’ Court. If a warrant is obtained, this will authorise entry on one occasion only, which must be undertaken at a reasonable hour within one month from the date of issue of the warrant.

Abusive or threatening behaviour towards staff will not be tolerated and will be logged and reported to the Police.

Definition of development

Development is defined under Section 55(1) of the Town and Country Planning Act 1990 as "the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any building or other land."

Section 55(1A) states that “building operations” includes:

  • Demolition of buildings;
  • Rebuilding;
  • Structural alterations of or additions to buildings; and
  • Other operations normally undertaken by a person carrying on business as a builder

The Act also specifies what does not constitute development such as:

  1. the carrying out for the maintenance, improvement or other alteration of any building of works which:
    1. affect only the interior of the building, or
    2. do not materially affect the external appearance of the building

The term ‘material change of use’ is not defined in the Act. In some instances, determining what constitutes a material change of use is not straight forward but should always be judged as a matter of fact and degree taking into account the individual merits of the case. For a change to be material, the new use must be substantially different from the preceding use.

Permitted development rights

Certain types of work and development can be carried out without needing to apply for planning permission. These are called "permitted development rights".

The full legislation on permitted development rights are contained within the Town and Country Planning (General Permitted Development) (England) Order 2015.

The General Permitted Development Order covers a wide variety of building works and changes of use. In certain cases, before some permitted development rights can be used, the developer must first obtain “prior approval” in relation to specified aspects of the development from the Local Planning Authority.

In relation to alterations to a residential dwelling; features such as rear and side extensions, rear dormer windows, front porches and outbuildings can be built without the requirement for planning permission. However, this is subject to the works being within the parameters and limitations as set out in the relevant sections of the General Permitted Development Order.

In some cases, properties can have their permitted development rights removed by condition of a previous planning approval. The reason for this will be explained on the decision notice for the planning approval. Typically, this applies to residential dwellings and is not uncommon for newly constructed dwellings.

Expediency, de minimis and immunity

Expediency

The Council’s planning enforcement team has discretionary powers to enforce against breaches of planning control. This means that the Local Planning Authority is not obliged to take further action simply because there has been a breach. Enforcement action should only be taken where the Local Planning Authority is satisfied that is ‘expedient’ to do so. This assessment takes into account both national and local planning policies and any other material planning considerations. In making this assessment the Council will gather evidence regarding the nature and scale of the breach, and whether it adversely affects amenity.

Section 172(1) of the Town and Country Planning Act 1990 sets out that a Local Planning Authority can issue an enforcement notice where:

  1. there has been a breach of planning control; and
  2. it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations

In relation to Section 172(1)(b) above, expediency applies equally to decisions not to take enforcement action or to under enforce. Forming the judgement that a breach is not expedient to take action against requires careful consideration and assessment, which has to relate strictly to material planning considerations.

The determination of ‘expediency’ and the decision to enforce against a breach of planning can be pressured from external influences. These can include public opinion from residents that are against a development. Further pressure can be brought by threats to involve the Ombudsman, a local councillor or MP. Notwithstanding the nature or the extent of complaints, expediency is still a matter for the Local Planning Authority and if it decides to exercise this discretion and take no action, the reasons for doing so should be explained in detail to all complainants.

De Minimis

De Minimis is a Latin expression meaning “pertaining to minimal things”. As a legal term, this means that a factor is too small to be meaningful or taken into consideration.

In the context of planning, this expression is used to refer to breaches of planning regulations that may be very small in dimension, and/or has an impact that is negligible. One example of this in planning would be a building that is constructed 5cm higher than the permitted height.

As long as it is considered that this will not unacceptably affect amenity or cause any harm, then the Local Planning Authority would use its discretionary powers to determine that it would neither be reasonable nor proportionate for further action to be taken. This ties in with the previous explanation of expediency, in determining whether to take action against a breach of planning.

Immunity

Section 171B of the Town and Country Planning Act 1990 sets out the time limits for taking enforcement action. These are:

  • The carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land – four years from substantial completion
  • The change of use of any building to use as a single dwellinghouse – four years from the date of the breach
  • All other changes of use and breaches of conditions – 10 years from the date of the breach

If owners of land or property, consider that a breach of planning control has become immune from enforcement action they may apply for a Lawful Development Certificate (LDC). If granted, such a certificate provides documentation to establish the lawfulness of the existing development.

‘Substantial completion’ is not always clear and is a matter of fact and degree. A building is complete when it is complete for the purposes for which it was intended. Where a building has been built in stages, each stage may open a new chapter in its planning history; if lawfulness of a previous stage has not been accrued and demonstrated, this will restart the clock.

If a breach of planning control is demonstrated to be beyond the aforementioned time limit for taking enforcement action, then the breach would be immune, and the Local Planning Authority would be unable to take any further action.

Action taken when a breach is identified

Following an initial investigation, a breach of planning may be identified by an enforcement officer through a desk study, site visit or evidence provided by a third party.

Once a breach of planning has been identified, the Planning Enforcement Team will write to the owner/occupier of the site where the breach has occurred. This will normally consist of a ‘challenge letter’, which will explain the breach of planning, offer options to resolve the matter and give a deadline for compliance.

Where possible, the council will initially attempt to negotiate a solution to regularise or remedy unauthorised works. In carrying out negotiations officers will have regard to the specific circumstances in each case. If negotiations fail within a reasonable timescale or it is clear from the outset that the breach is not capable of remedy through negotiation, then formal enforcement action will be considered where it is deemed expedient.

One option unusually presented to those who have breached planning control is to submit a retrospective planning application according to S73A of the Town and Country Planning Act 1990. Retrospective applications are dealt with in the same way as any other planning application, with full planning considerations being taken into account, and the proposal being assessed on its own merits. The failure to seek planning permission prior to the development being carried out will not influence the council’s decision or penalise the applicant. The invitation to submit a retrospective application does not imply that the council will grant consent.

In some cases, retrospective planning applications submitted seeking to regularise a breach of planning control may be referred to planning committee for determination. In these instances, the application will still be assessed on its own merits, taking into account relevant planning policies and principles.

If retrospective planning permission is approved, this may resolve the breach of planning. In some cases, an application submitted may propose remedial works or have conditions on the development. In these cases, the enforcement team will continue to investigate the breach until the matter is resolved.

If a retrospective or further planning application is refused by the Council, the applicant will have the right of appeal through the Planning Inspectorate. Whilst appeals for planning application decisions are under consideration, the Local Planning Authority can proceed with formal action, if it is deemed expedient to do so.

Formal action

In some cases, the Planning Enforcement team will be unable to resolve a breach of planning through negotiating remedial works or the approval of a retrospective planning application. If the Local Planning Authority considers that a breach is causing an unacceptable level of harm to amenity, the Authority may consider it is expedient to instigate formal enforcement (legal) action. There are numerous ways in which formal action can be taken, and this depends on the type, seriousness and harmfulness of the breach. The powers available to the Local Planning Authority are outlined in more detail in on the powers available section.

The power to issue an Enforcement Notice is given by Section 172(1) of the Town and Country Planning Act 1990, which states that the LPA may issue a notice if they consider it expedient to do so. The notice must be properly authorised by the appropriate Local Planning Authority Officer or Committee.

The statutory requirements for enforcement notices are listed in Section 173 of the aforementioned act. An enforcement notice must include the following:

  • the breach of planning control
  • reasons for authorising the notice
  • specify the requirements to remedy the breach
  • the date the notice takes effect
  • time period for compliance
  • a list of those served with the notice

There is a right of appeal against enforcement notices (note this does not apply to all notice types). Information on the right to appeal is provided within an annexe to enforcement notices. Further information on the appeals process can be found at the Planning Inspectorates website. Where an appeal is lodged the Council can take no further action until the appeal has been decided. The Planning Inspector appointed by the Secretary of State to decide the appeal can uphold, quash or revise the Notice. This decision will be binding upon the council.

It is not unusual for the appeal process to take several months. If a person decides to appeal against an enforcement notice; this will add to the time taken to resolve the case. In consequence, it is not possible to give a standard time for dealing with enforcement cases.

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Criminal offences

The following breaches of planning control represent criminal offences:

  • carrying out unauthorised works to a listed building
  • displaying unauthorised advertisements
  • unauthorised works to protected trees

The carrying out of development without the necessary planning permission is not an offence. However, this action may have future implications or consequences. The Council's officers will therefore need to consider these implications and consequences in order to determine whether the Council should take enforcement action and, if so, what action to take.

Should an enforcement notice be served, and a subsequent breach of the notice is identified, this could also represent a criminal offence.

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Prosecution

In some cases, the service of an enforcement notice or exercising of other enforcement powers is not successful in resolving a breach of planning control.

Prosecution is an integral part of the enforcement process and the Council will pursue a prosecution where circumstances warrant such action. Before commencing legal proceedings, the Council will need to be satisfied that there is sufficient evidence to offer a realistic prospect of conviction and that the legal proceedings are in the public interest. The Council will also seek to recover costs in connection with the enforcement action.

Powers available to the local planning authority

When the Council is unable to use negotiation to resolve breaches of planning control, the Council will consider instigating formal legal proceedings. This could result in one or more of the actions set out below being pursued, dependant on the type of breach.

Planning Contravention Notice (PCN)

The main purpose of a PCN is to gather initial information so that the Authority can establish whether there is a prima facie case for taking Enforcement Action.

It is an offence if the recipient of the notice fails to provide the required information. If convicted of such an offence the offender would be liable on conviction to a fine currently not exceeding £1,000. The same penalty applies when there is a continuing failure to provide the required information.

If the recipient knowingly or recklessly makes a false statement, this is also an offence which if convicted carries an unlimited fine.

Enforcement notice

This is the most common form of notice used to deal with unauthorised development, operations and/or uses. Before such action is embarked upon the Authority must be satisfied that it is expedient to issue the notice having regard to the nature of the unauthorised development and in the light of Government guidance.

An Enforcement Notice will specify the alleged breach, the steps that must be taken to remedy the breach, and a time period in which to comply.

The recipient of the notice has a right of appeal to the Secretary of State.

If any person is subsequently found to be in breach of an Enforcement Notice, the Council will consider whether to prosecute. If found guilty in any court hearing that person would be liable on conviction in the Magistrates Courts to an unlimited fine.

The case can also be heard by the Crown Court, where the fine is also unlimited.

Enforcement Notices are an effective means of enforcement but, with the right of appeal, can be a lengthy process.

Breach of condition notice (BCN)

This type of notice can only be used where planning consent has been granted subject to conditions.

The Authority can issue a BCN to ensure full or part compliance with planning conditions. As with the Enforcement Notice a BCN would specify the breach and steps required to secure compliance with the notice. Unlike the Enforcement Notice a BCN must allow a minimum of 28 days in which to comply with the requirements. There are no rights of appeal against a BCN.

If any person is found to be in breach of a valid BCN, they shall be guilty of an offence with a maximum fine currently not exceeding £2,500 on conviction. A person may be convicted of a second, or subsequent, offence if they are fined but still fail to comply with the notice.

Injunction

Where the Authority considers a breach of planning control to be a serious and immediate risk to health and safety, or necessary in terms of expediency, it may apply to the County or High Court for an Injunction. County Court application are normally quicker and less time consuming. However High Court Judges have more experience and would normally deal with the application without the need for any adjournments.

This can be extremely expensive, but can be effective in appropriate circumstances. Failure to comply with an injunction order granted by the court amounts to contempt of court in relation to which a prison sentence can be imposed by the court.

Discontinuance notice (advertisements)

If the Local Planning Authority considered that an advertisement is causing significant threat to amenity or public safety, a Discontinuance Notice can be issued. This can only apply to advertisements displayed with deemed consent.

A Discontinuance Notice will specify which advertisements or site is subject to the notice, outline the period within which the display or use must stop and explain reasoning for the issuing of the notice. There is a right of appeal to the Secretary of State against a discontinuance notice, before the date it comes into effect

It is a criminal offence to display an advertisement in contravention of the Regulations which is punishable with a fine of up to £2,500. In the case of a continuing offence, up to £250 per day for each day the offence continues after the first conviction.

Default action

Where there has been a failure to comply with an enforcement notice which has taken effect, the Council is empowered to take direct or default action to remedy the breach of planning control set out in the notice. This action may involve the use of contractors to enter a site and physically remove or rectify any unauthorised building work.

In such cases, the council will seek to recover our costs, possibly in the form of a charge on the land, which is recoverable at the time of any future sale of the land or property.

Stop notice

The Authority can, when expedient to do so, serve a Stop Notice requiring activities to cease immediately (within 3 days of service). Such a notice can only follow the service of an Enforcement Notice. There are limitations on the service of this notice and additionally, compensation may be payable by the Authority in some circumstances if the recipient makes a successful challenge on the legal grounds of appeal (that the breach has not occurred or does not amount to a breach of planning control or has acquired immunity due to the expiration of the time limits detailed above). It is used very selectively and it is not necessarily an instant solution. Failure to comply with a stop notice is a criminal offence for which the fine is unlimited in the magistrates court.

Temporary stop notice

This is similar to a stop notice but takes effect immediately on service. However, the notice is only effective for 28 days and lapses thereafter. Unlike a normal stop notice a TSN can be served without prior service of an enforcement notice. Failure to comply with a TSN is a criminal offence for which the fine is unlimited in the magistrates court.

Section 215 Notice (untidy land)

The condition of certain buildings or land often causes serious harm to the visual amenity of an area. Should the Local Planning Authority consider it appropriate to do so they may serve on the owner and occupier a Notice under Section 215 of the Town and Country Planning Act, 1990.

Such a notice would require steps for remedying the condition of the land or buildings and specify a period of time for complying but in any event not less than 28 days. This Notice can be appealed via a magistrates hearing.

If any person is subsequently found guilty of an offence of not complying with the requirements of a 215 Notice they shall be liable on conviction to a fine currently not exceeding £1,000. The Council can also take direct action in default of compliance with a section 215 notice which has taken effect.

Please note that all information and figures on fines are correct as of July 2022 and are subject to change.

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Glossary of terms

Amenity

In planning terms, amenity often refers to the quality or character of an area and elements that contribute to the overall enjoyment of an area. Residential amenity considers elements that are particularly relevant to the living conditions of a dwelling. Inappropriate development can often have a detrimental impact on amenity.

Breach of planning

A breach of planning occurs when a development, use or works have occurred without the relevant planning consent from the Local Authority being obtained, making the development, use or works unauthorised. Please see the types of planning control breaches table for more information.

Challenge letter

Initial letter sent to the owner/occupier of land when a breach of planning control has been identified. The letter will explain the breach, present options to resolve the issue and set a deadline for action. A challenge letter does not represent a form of formal enforcement action.

Complaint or enquiry

A complaint or enquiry made to the Local Planning Authority, intending to report an alleged breach of planning control and requesting investigation of the matter. Please see the information on complaints and enquiries section of this guide for more information.

Council's contact centre

The Council’s customer service helpline. Through telephone and email, can be used to report breaches of planning control or request contact from specific council departments or officers.

Development

Development is defined as the “carrying out of building, engineering, mining or other operations in, on, over or under the land or the making of any material change in the use of any buildings or other land.” Please see the definition of development section of this guide for more information.

Discretionary powers

The Local Planning Authority has the power to make decisions on whether or not to take enforcement action, based on an assessment of material planning considerations and the circumstances around the breach. Please see the expediency, de minimis and immunity section of this guide for more information.

Expediency

In planning terms, this defines the decision on whether formal enforcement action should be taken. The Local Authority has to justify that a breach of planning is expedient (worthwhile) to enforce against and seek action to resolve. Please see the expediency, de minimis and immunity section of this guide for more information.

Formal enforcement action

Forms of action taken by the Local Planning Authority to resolve a breach of planning control. Any action taken will be proportionate with the breach of planning control to which it relates. Please see the formal action and powers available to the local planning authority sections of this guide for more information.

Investigation

The process of the Local Planning Authority looking into an alleged breach of planning control and seeking action to resolve the matter, when required to do so. Please see the how breaches are investigated and assessed section of this guide for more information.

Lawful development certificate

An application made to the Local Planning Authority, to allow an assessment to confirm if a development or use is lawful, and therefore does not require planning permission. May also be referred to as a ‘Certificate of Lawfulness’.

Listed buildings

A building is listed when it is of special architectural or historic interest considered to be of national importance and therefore worth protecting. Listed buildings have no permitted development rights, and most works will require either listed building consent and/or planning permission.

Material change of use

When the change of use of a land or building is not considered to be permitted development, and is materially different to the previous or existing use. Please see the definition of development section of this guide for more information.

Material planning considerations

A material planning consideration is one which is relevant to making the planning decision in question. In planning enforcement, these are used to determine whether a breach is expedient to pursue with formal action. Examples of material planning considerations are impact on visual amenity, impact on neighbouring occupants and impact on highway safety. Factors that are not considered to be material planning considerations will be given little weight when making planning decisions.

Negotiation

The Local Planning Authority may seek to negotiate with a land owner or occupier in order to find a resolution or compromise for a breach of planning control. Not all breaches of planning require formal action. Negotiation can be a useful tool to either resolve a breach or reduce the level of harm down to an acceptable level. Please see the action taken when a breach of planning is identified section of this guide for more information.

Non-compliance with planning permission

When a development carried out has not been done so in accordance with a previous consent or planning permission granted. This can represent a deviation from the approved plans or a breach of conditions imposed on a decision notice.

Planning committee

Planning committee meetings are public meetings where elected councillors assemble to determine planning applications. Not all applications are referred to panel, typically committee is used to determine contentious applications, such as where there is high public interest or the application is referred at the request of a local councillor.

Planning conditions

Conditions imposed on the decision notice of an approved planning permission. May be used to restrict the development, ensure further information is provided or that the works are carried out in a certain way. A breach of conditions can represent a breach of planning control.

Planning Inspectorate

An independent government body which processes and determines appeals against refused planning applications and enforcement notices. Please see the formal action section of this guide for more information.

Protected trees

Trees that benefit from a Tree Preservation Order (TPO) or are situated within a conservation area. It is a criminal offence to carry out unauthorised works to a protected tree. The Local Planning Authority will investigate alleged unauthorised works and damage to protected trees.

Remedial works

The act of altering or modifying an as built development. When relating to breaches of planning control, this can be at the request of the Local Planning Authority, to either resolve a breach or reduce the level of harm down to an acceptable level.

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