Planning Enforcement
General information
When development takes place without permission the Council
has a range of enforcement powers available to it. First it must
establish whether a breach of planning control has taken place,
what harm (if any) is caused by the breach and how to remedy the
situation. The Council is not obliged to take enforcement action
where a breach of planning control has occurred but must consider
whether to do so is in the public interest, taking account of all
relevant factors. Breaches of planning control may occur in many
ways including changing the use of land or buildings without
permission, carrying out building work without permission or not
complying with the details of a permission which has been
granted.
In most cases, a breach of planning control is not a criminal
offence but if the council serves an enforcement notice and the
recipient does not comply, they then become liable to
prosecution.
In the most severe cases the Council can consider applying to the
High Court for an injunction to prevent a breach of planning
control. Failure to comply with an injunction can lead to
imprisonment for contempt of court.
Enforcement
- Enforcement Notices
are documents served by the Council which require an unauthorised
use to stop and/or any buildings or structures that do not have
planning permission to be removed. The Council must find out the
names of all the owners and occupiers of the property and make sure
they are all served with a notice. The notice itself has to be
precise as to what action the Council wants taken and by what date.
There are rights of appeal to the Secretary of State and the
notices can be challenged if they are inaccurate.
- When conditions imposed on a planning permission are being
disregarded, the Council can serve a "Breach of Condition Notice"
on the developer or occupier. If this is not complied with, we can
take legal action. There are no rights of appeal to the Secretary
of State against a Breach of Condition Notice.
- Arrangements to inspect the premises will be make by the
planning enforcement officer dealing with the case no later than 21
days after the compliance period runs out in order to find out
whether the requirements of the enforcement notice have been
satisfied.
- If the unauthorised development remains in place after the
enforcement notices become effective the persons responsible for
complying with the notice become liable to prosecution. The Council
will start legal action as soon as possible and may also consider
carrying out works itself to remedy the breach.
To notify the Council in confidence of suspected breaches of
planning control please email planningenforcement@broxbourne.gov.uk
or phone 01992 785555 extension 5954.
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