Town Planning legislation sets out types of development which require planning permission. Enforcement action can relate to unauthorised building works, unauthorised changes of use, unauthorised advertisements, non-compliance with conditions on an existing planning permission and the unauthorised felling of protected trees. Not all types of development require planning permission and when you make an enquiry you will be advised on whether this is something which can be pursued through the planning enforcement process. It is not a criminal offence to carry out works or change the use of land or buildings without planning permission. If it is found that work has been carried out without planning permission, the council will give the individual the opportunity to rectify the situation or apply for retrospective planning permission. If serious harm is being caused, the Council will take firm action quickly. If it is necessary to serve a formal enforcement notice it is a criminal offence not to comply with it.

How do I make a complaint?

If you suspect a breach of planning control you should either:

• contact the Enforcement Officer by telephone on 01827 709290 (if you make an enquiry by telephone you will be asked to following it up in writing), in writing or by e-mail
• send a letter outlining your concerns to the address given in this leaflet
• ask your Ward Councillor or Parish Council to take your enquiry

What information will the council need?
When you first approach the Council you should supply as much information as possible about the current and previous situation, 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?
Each enquiry is recorded and given a reference number. If you give an address you will be sent an acknowledgement letter. If you put details of your enquiry in writing an initial site visit will be made within 5 working days and you will be advised within 25 working days on what action the Council can take.

What action can the Council take?
The Council's power to take enforcement action is discretionary and where it seems that unauthorised development could be acceptable, for example, where conditions could be imposed to remedy any detrimental affects of the development, the Council 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 initiated whilst the application is prepared and under consideration. 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 4 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
If an enforcement notice is served it will set out what the breach of planning control is, the reasons for taking enforcement action, the steps required to remedy the breach of planning control and the compliance period. The notice must be served on every person with an interest in the land and therefore it can take some time to prepare the notice. Once served, there is a period of 4 to 6 weeks before it takes effect and during this time anyone who has been served with a copy of the notice has the right of appeal to the First Secretary of State. The appeal process can take from 4 to 12 months, depending on the type of appeal lodged. If no appeal is submitted or if an appeal is dismissed the requirements of the notice must be complied with as set out in the notice, or as varied by the Planning Inspector hearing the appeal.