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:
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 4 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 8 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.
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 small number of complaints lead to formal enforcement action.
Enforcement action is taken the Council is satisfied that there is
a breach of planning control and it is expedient to take formal
action. The Council is not required to take action simply because
there has been a breach of control. Where breaches can be rectified
through the submission of a planning application, Government advice
is that local planning authorities should negotiate an acceptable
solution with those concerned and that formal enforcement action
should only be used as a last resort. Enforcement Action could
consist of one or more of the following, which are explained in
more detail within the enforcement information leaflet entitled
Planning Enforcement: a guide to the actions available to the
council.
- 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.
Prior to serving an Enforcement Notice, the Council will obtain
details of interests in the land because the Notice must be served
on everyone with an interest. The Notice must be precice as to the
alleged breach of planning control being enforced against and must
specify the action required to comply with it. The date for
compliance must also be clearly stated. An appeal can be lodged
against the service of an Enforcement Notice but this must be
submitted before it takes effect. The Notice would then be held in
abeyance until the appeal is determined. If the Notice is upheld,
the date of the appeal determination becomes the start date for the
compliance period with the Notice. The development that was the
subject of the Enforcement Notice will only become illegal and
committing an offence if it is not complied-with. In such a
situation the Council will seek to secure compliance through legal
proceedings being taken in the Courts where a fine not exceeding
£20,000 can be imposed.
When conditions imposed on a planning permission are being
disregarded, the council can serve a "Breach of Condition Notice".
There is no right of appeal against the service of this notice
other than through the Courts. If this is not complied-with the
Council will consider taking legal action in the Courts where a
maximum fine of £1000 can be imposed.
We will inform the complainant within 10 working days by letter
when an Enforcement Notice has been served.
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
Planning 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 |