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Home > Planning > Planning Enforcement > If you are investigated

If you are investigated

You will be informed as soon as possible if a breach of planning control has occurred and what steps you can take to remedy the situation. If a potential breach of planning is judged to have occurred, the Enforcement Officer will normally issue a Planning Contravention Notice which will ask for further information to ascertain if a breach of planning has occurred.

Where the subject person fails to provide the required responses or purposely provides a response that is known to be untrue this can then result in prosecution.

Where a breach of planning control is found, you will be given a reasonable period of time to remedy the situation. You may wish to seek planning permission retrospectively. However, in urgent cases the Council will not wait until an application is submitted before considering enforcement action.

Whilst it is preferred that any breach of planning control is resolved without formal action. If a breach of planning control remains, it may become necessary for the Local Planning Authority to issue enforcement proceedings by way of any one of a variety of Enforcement Notices, or in some cases, by immediate prosecution.

Failure to comply with an Enforcement Notice may also result in a prosecution at the Magistrate's Court or in civil proceedings that may result in an injunction being issued.

In certain cases if you do not comply with the requirements of an Enforcement Notice the Council may use its own contractors to carry out any work necessary. If this is necessary the total cost of this work will be borne by the landowner.

For more information on appealing an enforcement notices, please visit the Planning Portal Appeals page (unavailable at present)