THE ENFORCEMENT SERVICE
The Service deals with alleged breaches of planning control.
This includes works to listed buildings, trees, hedgerows and
advertisements.
When works take place without the necessary permission, the
Council has a range of powers available to:
- Find out whether a breach of control has occurred,
- Identify what harm has been caused and
- Remedy the situation.
You can view details of planning enforcement cases using this
link
If you are concerned about a possible breach of planning
control, as an individual, Parish/Town Council, group or as a
business please write to us. It helps us if you give as much
information as possible and tell us what harm it is causing
you.
We will:
- Register all telephone, e-mail and written complaints.
- Acknowledge letters and e-mails within 3 working days.
- Not necessarily pursue a complaint that is made
anonymously.
How are complaints prioritised?
Urgent Cases (related to criminal offences or significant
expenditure).
- Unauthorised works to listed buildings.
- Removal of Tree Preservation Order trees, protected hedgerows
and significant unauthorised work to trees in Conservation
Areas.
- Where there is a significant threat that failure to act quickly
will result in significant harm.
Expect action in 1 to 2 Working days - for initial response
following assessment.
Fast Track
- Significant alleged harm.
- Significant ongoing works which are not nearing completion and
are likely to result in action being required.
- Highway safety issues.
- Cases in which there is significant local interest being
shown.
Expect Action in 5 to 7 Working days - for initial response
following assessment.
Other breaches of condition.
- Completed work.
- Untidy sites.
- Cases in which no obvious harm is apparent.
- Advertisements when no danger to highway safety is
alleged/apparent.
- Minor domestic works.
Expect action in 10 working days - for initial response
following assessment
Processing a Complaint
In 2 out of every 7 cases we find that there is no breach of
planning control. We will write and explain why.We will normally
discuss the issues raised with the landowner and/or developer. If
possible we will try to agree a remedy. We will request the
submission of a retrospective application where there is a
likelihood of permission being granted. This allows the local
community to comment on the proposals. This is in line with
Government advice. We will inform the complainant by letter when a
valid retrospective application is registered. If an application is
not submitted, we will decide if an Enforcement Notice should be
served. If the unauthorised development is considered not to cause
harm, then enforcement action will not be taken. We will write and
explain why.
Current Enforcement Cases may be viewed here
Enforcement Action
It is not a criminal offence to carry out development that
should have first been the subject of a planning application. Only
a minority of complaints need formal enforcement action.
Enforcement action can only be taken where there has been material
harm caused to public amenity. The Council is not required to take
action simply because there has been a breach of control.
Enforcement Action could consist of one or more of the
following:-
- Enforcement Notice (including Listed Building Enforcement
Notice).
- A Breach of Condition Notice.
- A Stop Notice.
- A Notice under Section 215 of the Act ("untidy site
notice").
- Obtaining an Injunction.
- Prosecution.
- Direct Action ("in default") by the Local Planning
Authority.
Enforcement Notices must contain the names of all the owners and
occupiers of the property and we have to make sure they are served
a Notice. The Notice itself has to be precise as to what action the
Council wants taken and by what date. There are various grounds of
appeal that may be lodged against a Notice. The Notice is suspended
whilst an appeal is determined. 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 against a Breach of Condition Notice. We will inform the
complainant within 10 working days by letter when an Enforcement
Notice has been served and when the Notice takes effect and advise
them if a subsequent appeal is lodged.
Confidentiality
The Council cannot keep the identity of public bodies, such as
Parish Councils, confidential. The Council, during investigations,
will keep individual identities confidential. However if the matter
becomes the subject of an enforcement appeal or court action, that
confidentiality cannot always be maintained. Please be aware that
if we action your complaint it may be obvious to the person that it
is you who has complained. Whilst we will not reveal who you are,
we will have to say that a complaint has been received.
What can you do to help? Provide as much
information as possible when making the complaint. It is preferable
if this is in writing. It is important that you tell us the harm
that you are suffering. Where appropriate, keep a diary of the
possible breach of control. Be prepared, if necessary, to give
evidence at an enforcement appeal inquiry or in the courts.
How to contact us
By letter:
Planning Enforcement
Tendring District Council
Regeneration, Planning and Community Services
Council Offices
Thorpe Road
Weeley
Clacton-on-Sea
Essex CO16 9AJ
Email: planning.services@tendringdc.gov.uk
Fax: 01255 686417
Current Enforcement Cases may be viewed
here |