Enforcement

meeting tableTown Planning legislation sets out types of development which require planning permission. You can see our enforcement register.

Enforcement action can relate to unauthorised: Building works, changes of use, advertisements, non-compliance with conditions on an existing planning permission and the unauthorised felling of protected trees.

Not all developments need planning permission. We can tell you if your complaint can be pursued through the planning enforcement process.

It is not a criminal offence to carry out works without planning permission. If work has been carried out, we will give individuals the opportunity to rectify the situation, or apply for retrospective planning permission. If a formal enforcement notice is issued, it is a criminal offence not to comply with it.

How do I make a complaint?

Contact the Enforcement Officer directly on 01827 709290 (if you make an enquiry by telephone you will be asked to following it up in writing). Please address your letter to: Planning Department, Tamworth Borough Council, Marmion House, Lichfield Road, Tamworth, Staffordshire, B79 7BZ or alternatively emails should be sent to planningadmin@tamworth.gov.uk outlining your concerns. Alternatively ask your ward councillor to take your enquiry.

What information will the council need?
Please supply as much information as possible, including:

  • The exact location of the building or site
  • The approximate dimension of any new building works
  • When the activity started or when it occurs
  • The names and addresses of any owners, occupiers or companies involved

Your details will kept confidential and will not be disclosed without your knowledge or consent.

What happens after I have made my enquiry?

A site visit will be carried out by an Officer within a maximum period of 21 days dependant on the nature of the enquiry and in accordance with the Authority’s enforcement priorities.  

What action can the Council take?

Enforcement action powers are discretionary. Where unauthorised development could be acceptable, we will encourage the submission of a planning application. If an application is submitted, complainants will be consulted on the application.  Enforcement action will not be taken simply to remedy the absence of a planning application.

Time limits for enforcement action
Enforcement action must be taken within four years in relation to the erection of buildings and within 10 years in relation to changes of use and breaches of conditions. There is no time limit for the enforcement of breaches of Listed Building legislation.

Enforcement notices
Enforcement notices set out what the breach of planning is, the reasons for taking action, the steps required to remedy the breach of planning control and the compliance period. There is a right of appeal.