On receipt of a complaint that unauthorised development is taking place, a site visit will be made by an officer to establish whether or not this is the case.

If it is found that unauthorised works are taking place, the person responsible will be advised to stop the works immediately.  Any works which are undertaken following this advice are being carried out at the risk of enforcement action being taken against that person, and any other party with an interest in the site.  Failure to comply with the requirements of any enforcement action may result in prosecution through the Magistrates Courts.

Enforcement action can take the form of any of the following;

• Planning Contravention Notice
  This enables the Council to request information to assess any breach of planning control.  It is an offence not to comply with the terms of a Planning Contravention Notice.
• Stop Notice
  If the Council considers it expedient it may serve a Stop Notice to prevent works continuing.  It is an offence not to comply with the terms of a Stop Notice.  A Stop Notice will always be accompanied by an Enforcement Notice.
• Enforcement Notice
  An Enforcement Notice will specify what you must do within a specified time period.  You have a right of appeal.  Failure to comply with an Enforcement Notice may result in prosecution through the Magistrates Courts.
• Breach of Condition Notice
  A Breach of Condition Notice will specify what you must do within a specified time period.   You have no right of appeal.  Failure to comply with a Breach of Condition notice may result in prosecution in the Magistrates Courts.

The Council also has the power to apply for an Injunction to restrain actual or threatened breaches of planning control.  Defiance of an injunction is a contempt of court.

It may be possible to submit a planning application to regularise the unauthorised development that has been started.  The visiting officer may initially give advice in this respect.  If a planning application is submitted there is no guarantee that planning permission will be granted.

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last updated 22/02/07