Planning Enforcement makes sure that planning development is carried out in accordance with approved planning permission, and that any unauthorised development is brought under control in order to protect public interest.
Some types of planning control breaches are criminal offences such as carrying out unauthorised works to listed buildings, or the display of advertisements without consent. Development carried out without planning permission is not a criminal offence but it may expose the owner of the land to possible enforcement action.
Our aim is to control unauthorised development within North East Lincolnshire and we will make full use of the powers available to us to achieve this.
Report a planning breach
When reporting a breach of planning control the following information should be provided:
- Your name, address, email address and telephone number
- The location and precise address if possible where the alleged breach is occurring
- The landowner or occupier’s name if known
- The nature of the alleged breach of planning control
- How the breach of control is affecting yourself or neighbours and residents in the locality
- The approximate period of time or first date from which the alleged breach occurred or became known to you
To avoid the unnecessary use of resources anonymous reports are no longer investigated. You should be aware that when you give your name, address, or any other details, they will be treated in the strictest confidence so far as legislation and circumstances of the investigation permit. However, if formal action is taken it may not be possible for us to keep your complaint confidential.
The amount of information you give may help to determine how we quickly we take formal enforcement action. Failure to supply critical information may slow or prevent an effective investigation of the alleged breach.
When a breach is reported it will be prioritised in accordance with the guidelines set out in our Enforcement Plan.
Search for an enforcement case
To search for a specific enforcement case use our search for planning applications, appeals or enforcement cases page.
What is a breach of planning control?
Carrying out development (construction) without planning permission
- For example: constructing an extension which is not permitted development; erecting a fence over 2 metres (or 1 metre by a highway); installing security shutters to a shop
Carrying out development (change of use) without planning permission
- For example: converting an office to a shop; converting a family house to bedsits and (in some cases); conducting a business from home
Failing to comply with a planning condition (breach of condition)
- For example: failing to implement a landscaping scheme; operating a shop outside agreed hours
Carrying out unauthorised works to a listed building
- For example: installing uPVC double glazing without listed building consent
Displaying an advertisement without consent
- For example: installing an illuminated advertisement or poster hoarding
Enforcement and breach of condition notices
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
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.
Development Management Services – Planning, New Oxford House, 2 George Street, Grimsby, North East Lincolnshire, DN31 1HB
Telephone: 01472 326289 option 1
Opening times: By appointment only