Planning enforcement is carried out by local planning authorities to prevent the undesirable effects of development that has not got the proper planning permissions in place. It brings unauthorised development under control to preserve the quality of the local environment and the amenity of local people.
Enforcement can be used to make sure that:
- development (building works and / or changes of use) is carried out with the necessary planning permission in place;
- where permission is in place, all the conditions of the planning permission are complied with;
- other areas of planning control are not breached. This includes the display of advertisements, and works in conservation areas and to listed buildings
- land and / or buildings are not retained in an unsightly condition.
How does it work?
Enforcement is not something that automatically happens if a breach of planning control is discovered. In fact, the planning authority may have to pay the costs of someone who appeals against an enforcement notice if it has been issued solely because planning permission has not been granted.
The most common form of action is the issuing by the planning authority of an Enforcement Notice. This requires that a breach of planning control is put right. More often than not, an authority will not go down the formal route of serving an Enforcement Notice, but instead ask the person responsible to submit a planning application to regularise the development. If permission is granted, conditions will usually be attached to the permission - these can be enforced if they are not complied with.
How to complain
If you are worried about an activity or development that you think may be in breach of planning regulations, you should telephone your local planning authority and ask to speak to a planning enforcement officer. Alternatively you can contact your local councillor and ask him / her to look into the matter for you. Your local authority will be able to tell you who your local councillor is.
It is important that you back up your verbal complaint with a letter setting out the details of the case as you see them. You should also ask to be kept informed about any action the council will be taking. This makes sure that the enforcement officer knows what it is that concerns you and it also provides a record of your complaint. You can ask for your complaint to be kept confidential, but do remember that if the matter proceeds to an appeal hearing or court case, you may be asked to give evidence. Complaints which are made anonymously are sometimes not investigated - it depends on the policy of the planning authority.
The planning system exists to protect the public interest, so do not be afraid to make use of it if you think something is happening without the proper planning permission in place.
If you want more detailed information about this area of planning, click here to download our free guidance publication on planning enforcement.
