Formal powers
There are a range of formal powers available to the council, to be used at its discretion, depending on the circumstances of a particular case. In most ases, there is a right of appeal by the recipient of a notice, either to the Planning Inspectorate or through the Courts.
A summary of the main powers is listed as follows:
Planning enforcement notice
Specifies the remedial steps to be taken to address a breach of planning control within a specified compliance deadline
Planning contravention notice
Requires information to be submitted in respect of suspected unauthorised developments
Enforecement warning notice
Formalises the process to invite a retrospective planning application for unauthorised development. An EWN will set out details of an alleged breach and state that unless an application is made by a certain date, further enforcement action may be taken
Listed building enforcement notice
A listed building enforcement notice is like a planning enforcement notice, except there are no statutory time limits and carrying out unauthorised works to a listed building is an offence, irrespective of whether a listed building enforcement notice has been served
Breach of condition notice
Used when a condition attached to a grant of planning permission is not being complied with, e.g. if a business premises is required to close at a particular time but are opening later
Temporary stop notice
Requires the immediate cessation of specified activities for a period of 56 days to enable investigations and negotiations to take place before issuing an Enforcement Notice
Stop notice
This can be issued where a breach of planning control is causing serious or irreparable harm and immediate action is necessary. It can only be issued in conjunction with an Enforcement Notice.
S215 notice
Provisions to take steps to require land and buildings to be cleared up where their condition is considered to adversely affect the amenity of the area.
Planning enforcement orders
Where there is evidence that a breach has been deliberately concealed
Injunctions
Used as a pre-emptive measure in exceptional circumstances to prevent unauthorised development taking place likely to cause significant harm and may be used to enforce a s106 agreement to compel a developer to fulfil their obligations
Urgent works' notices
To secure the preservation of an unoccupied listed building, by securing works urgently necessary to keep it wind and weatherproof, safe from collapse, or secure from theft or vandalism
Repairs notices
To secure the preservation of a listed building by requiring works necessary to address its poor state of repair
Advertisement control
Advertisement enforcement ensures compliance with regulations governing the display of advertisements, which are primarily controlled by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. Planning Enforcement enforce these regulations, taking action against breaches, and this can include issuing enforcement notices and, in some cases, prosecuting offenders.
Community Infrastructure Levy stop notice
To require development/ activity to cease where the Community Infrastructure Levy has not been paid
Tree replacement notices / tree protection orders
Anyone who contravenes a Tree Protection Order by damaging or carrying out work on a tree protected by an Order without getting permission from the local planning authority is guilty of an offence and may be fined.
There is also a duty requiring landowners to replace a tree removed, uprooted or destroyed in contravention of an Order. This duty also applies if a tree outside woodland is removed because it is dead or presents an immediate risk of serious harm. The local planning authority may also impose a condition requiring replacement planting when granting consent under an
Order for the removal of trees. The authority can enforce tree replacement by serving a ‘tree replacement notice’.
High hedges remedial notices
High hedges complaints are handled under Part 8 of the Anti-social Behaviour Act 2003 in England. This legislation allows local authorities to intervene when a high hedge is adversely affecting a neighbours’ enjoyment of their property.
If a remedial notice is served and not followed, the council may prosecute the hedge owner and potentially carry out the work itself, recovering costs.
Direct action
Direct action may be taken in circumstances where the Council considers it to be a necessary and proportionate response to the harm caused by the breach of planning control and where the Council is satisfied that taking direct action will not have a disproportionate impact upon affected individuals or communities.
Direct action may be taken either in isolation of or in conjunction with prosecution/injunction action.
Revocation notice
Allows a local planning authority to revoke a planning permission where there is evidence to suggest either that the information provided in support of the application was materially inaccurate or that the applicant had deliberately sought to mislead.