We are required to keep a register of all enforcement and stop notices issued.
This on-line register contains:
- details of notices issued by us since 1st December 2001
- the address of the property to which the notice relates (alphabetical order)
- a description of the breach of planning control
- the date the notice was issued/served
- details of the type of notice issued (e.g. breach of condition notice, enforcement notice, listed building consent notice)
Common types of notice issued by planning enforcement
Enforcement notice
There are various courses of action available to an enforcement officer, however the most common action is to use an Enforcement Notice. Enforcement Notices are documents served by us that require the use of the land to stop and / or any buildings or structures that do not have planning permission to be removed or permission applied for. To issue the notice, we must find out the names of all the owners and occupiers of the property and make sure they are served the notice. The notice itself has to be precise as to what action we want taken and by what date.
There are rights of appeal to the Secretary of State for Transport, Local Government and the Regions and the notices can be challenged if they are inaccurate.
Breach of condition notice
When conditions relating to an approved planning permission are being disregarded, we can serve a Breach of Condition Notice on the developer or occupier. If this is not complied with, we can take legal action. There are no rights of appeal to the Secretary of State against a Breach of Condition Notice. Where appropriate the Council will use this procedure in preference to serving an Enforcement Notices.
Once authorisation has been given to serve the notice we will advise the owner and / or occupier of the land affected in writing of our decision and give them an opportunity to cease the breach before the notice is served.
We will inform the person who reported the breach when the notice has been served, what action is required and when it has to be complied with.
If the unauthorised development remains in place after the notice becomes effective, we will start legal action as soon as possible and the complainant will be kept informed of the outcome of any prosecution. As a last resort the Council will consider carrying out works itself to remedy the breach.