What we must do before we can take action
Except in cases where unauthorised development is causing harm or conflicts with established development plan policies, we must give the responsible party a reasonable opportunity to make amends. However, if they fail to make the requested changes within agreed timescales, we will consider the expediency of the issue of a formal Enforcement Notice specifying the actions required to resolve the breach and a deadline for compliance.
If the responsible party fails to comply fully with the requirements of the Enforcement Notice, we will pursue prosecution action to ensure strict compliance with the terms of the Notice.
Recipients of an Enforcement Notice have the right to appeal against it to the Secretary of State for the Ministry of Housing, Community and Local Government. Once an appeal is submitted and validated, the requirements of the Notice are suspended from taking effect until determination of the appeal.
Stop Notices, Temporary Stop Notices and Injunctions
Where unauthorised development has a very serious impact upon the local community, we can serve a Stop Notice in conjunction with an Enforcement Notice, Temporary Stop Notice or seek a court Injunction to force the responsible party to cease the unlawful activity. When seeking to obtain an Injunction, we will seek to recover all costs from the responsible party in relation to the action pursued.
National Planning Policy Framework (NPPF)
The National Planning Policy Framework constitutes current Central Government Guidance. Paragraph 58 of the NPPF states the following:
Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate.
