Introduction

A brief summary of the powers that are available to us is given below.

Normally, we first try to remedy breaches of planning control through negotiation. Where this is not successful we consider using formal powers. Use of these powers is discretionary and we only use them when we consider that significant harm has occurred that warrants protection in the public interest.

Any failure to comply with these notices is an offence which can lead to a prosecution and fine, in many cases we also have the option of taking direct action

Development without planning permission

Planning Contravention Notice: requires a land owner or occupier to give us information on works or the use of land where it appears that a breach may be taking place. This power enables us to establish quickly whether a breach is taking place.

Section 330 Notice: commonly used before issuing an enforcement notice to require  provision of information about interests in the land, including ownership and occupation.

Enforcement Notice: is served to require a breach to cease or be remedied. The notice explains the alleged breach, the reason for its issue, the steps required and the period within which they should be taken. A notice takes a minimum of 28 days to come into effect, which is extended if an appeal is lodged.

Stop Notice: can be served at the same time as the enforcement notice where the alleged activities are causing serious and/or irreversible harm. The effect of the Stop Notice is to place an almost immediate ban on those activities. In deciding whether to serve a stop notice, we are required to assess the cost arising from the cessation of the activity against the benefit to be gained.  We may be liable to pay compensation if it is subsequently determined there is no breach of planning control.

Temporary Stop Notices: can be used where there has been a breach of planning control and it is essential that an activity is stopped immediately. In common with a stop notice, there is a requirement to assess the cost against the benefits and a risk of paying compensation if it is subsequently determined there is no breach of planning control.  The notice lasts for a maximum of 28 days during which time we must decide whether to issue an Enforcement Notice with or without a Stop Notice. There is no right of appeal.

Breach of Condition Notice: requires an owner or occupier of land to comply with conditions imposed on a grant of planning permission. There is no right of appeal.

Other types of planning breaches

Planning agreements: these agreements are sometimes concluded in conjunction with granting of planning permission.  They commonly make provision for financial contributions towards off site community facilities or infrastructure.  If the terms of the agreement are breached we have the power to enter the site and carry out the works and charge the cost to the owner.  There is also a power to apply for an injunction to secure compliance. 

An example of a planning agreement is the Bedgrove Agreement, which relates to part of the Bedgrove area in Aylesbury and imposes controls in addition to normal planning control.

Trees: When a tree is covered by a Tree Preservation Order or in a Conservation Area it is an offence (unless exempt) to carry out work or to fell it without consent or a notification. This can lead to a prosecution and a fine and, in serious cases, prison.

Where a tree is removed without consent or notification there is a duty to plant another tree of an appropriate size and species in the same position as soon as possible. We can enforce this by serving a Tree Replacement Notice.

Listed Buildings: Any works to a listed building which affect its architectural or historic interest requires listed building consent. To carryout works without consent or at variance to a consent is an offence.

Whilst an application can be submitted to retain any unauthorised work, if granted it is not retrospective and a prosecution may still be brought for the initial offence.  Unlike development carried out without planning permission, unauthorised works to a listed building do not become lawful or immune from action after a set period of time.

To remedy unauthorised work we can issue a Listed Building Enforcement Notice, which is similar to a planning enforcement notice. There is also an option to prosecute which can lead to a fine and, in serious cases, prison.

Where a listed building has fallen into disrepair we can to serve an Urgent Works Notice and/or a Repairs Notice which outline works considered necessary to protect the building.

Advertisements: The display of an advertisement without consent is an offence which can lead to a prosecution and a fine. In special cases we can also seek approval for the removal of an advertisement which has had consent.

Hedgerows: The removal of a hedgerow (unless exempt) without prior approval is an offence, and can also lead to the issue of an Hedgerow Replacement Notice, against which there is a right of appeal.

High Hedges: we can act as an arbiter to resolve unsettled neighbour disputes.

Section 215 Notices (Untidy Land): If the condition of a site is causing serious harm to the amenities of an area we have the power to serve a Notice requiring steps to be taken to improve its appearance.

Injunctions: These are powers granted by the Courts in special instances to restrain an actual or expected breach of control. Failure to comply is a serious offence.

Date Updated: 20/03/08