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