Information on Enforcement

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• Planning Enforcement Policy
• Planning Enforcement Powers

Planning Enforcement Policy

Carrying out development (which needs planning permission) without first getting that permission, is not an offence, but is termed a "breach of planning control." A breach of planning control can also exist in a development being carried out without compliance with conditions imposed on the planning permission.

At Babergh we receive about 500 complaints annually relating to alleged breaches of planning control. Town and Country Planning laws give the Council discretion in the exercise of its powers for the control of unathorised development.  Our downloadable Planning Enforcement Policy (PDF, 90Kb) sets out the approach that the Council will take in investigating and remedying breaches of planning control.  It also sets out clear guidance for the exercise of the discretion that the Council has available to it.

We usually find that about two thirds of all complaints are resolved very quickly, either because there is no breach or because it is remedied as soon as we approach the person responsible or because it is outside the scope of planning legislation. In these cases we would pass on the issue to any other body that may be able to resolve the issue.

In other cases we can invite those who have contravened the legislation to make a retrospective application if there is a reasonable possibility that planning permission could be granted. We might also try to negotiate with those who have carried out unauthorised development if we believe an acceptable solution may be achieved.

For those cases where formal action is possible and needed in the public interest, the Council has various enforcement powers.  These powers are detailed in our downloadable Planning Enforcement Policy (PDF, 90Kb) and summarised below.

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Planning Enforcement Powers

The Council can address breaches of planning control by serving notices; these have to identify what has been done wrong and make it clear to the person involved what he/she has to do to remedy the situation.

For those cases where action is possible and needed in the public interest the following options are available:

• Planning Contravention Notice. This is an initial notice served, requiring the person receiving it to answer the Council’s questions and also giving him an opportunity of meeting a representative to discuss the case. 
• Enforcement Notice. This formally identifies the breach of control and sets out what must be done to remedy the situation. It also contains time scales. Not complying with an enforcement notice (once the period for compliance has elapsed) is an offence punishable with a fine of up to £20,000. An appeal can be lodged against an enforcement notice in the same away as against a refusal of planning permission (enforcement appeal information on the Planning Portal website). One of the grounds of appeal is that planning permission should be granted, so in taking enforcement action, the Council has to be sure not only that the development it is enforcing against does not have planning permission but that it would not get permission either.
• Breach of Condition Notice. This can only be used when the breach is not complying with a condition imposed on a planning permission. There is no right of appeal and the maximum fine for non compliance is at present £1,000.
• Stop Notice. Enforcement Notices have to specify a date by which any appeal must be lodged (this must be at least 28 days after the notice is served) and a further date by which the remedy has to be complete. If an appeal is lodged then this date is effectively put back until after the appeal is decided, and this may be many weeks. In rare cases, where serious harm is being caused by the breach of control, the Council may serve a Stop Notice, making it an offence not to stop work on site straight away.
• Untidy Site Notice. Served when a piece of land is untidy and its condition is affecting the amenity of other land.
• Injunction. A Court Order sought by the Council when other methods of enforcement action have failed.

• Direct Action. Again used when other methods have not been successful, the Council can enter the site and do the necessary work itself, charging the cost to the person responsible. 

A Government publication on enforcement that may be of assistance is: Circular 10/97 "The Enforcement of Planning Control"

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