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We have developed a system of Stages for monitoring and
categorising planning enforcement cases. There are 10 Stages and
these are described briefly as follows:
Stage 1 Recently opened cases awaiting
inspection.
Stage 2 Inspections carried out but breach
not yet established.
Some cases may require several inspections/observations before a
determination of breach may be established.
Stage 3 Breach found and awaiting
further action.
A breach is considered to have occurred and consideration is being
given as to the best course of action for the Council to
follow.
Stage 4 Breach found and awaiting a
period for voluntary resolution.
This is the most populated Stage. Many cases are resolved by
voluntary agreement/action on the part of a contravening party
prior to more formal action being taken.
Stage 5 Planning application received
and awaiting determination.
A planning application has been received following intervention by
the Enforcement Section and a decision is awaited.
Stage 6 Planning application determined
and awaiting further action.
A planning application has been determined and consideration is
being given as to the next course of action.
Stage 7 Section 330/PCN
served.
A requisition for information notice has been served to establish
if evidence of breach exists as a precursor to possible formal
action.
Stage 8 Enforcement Notice
served.
An Enforcement Notice or similar has been served to seek
cessation/modification of alleged breach of planning control.
Stage 9 Subject to
Appeal.
The recipient of an Enforcement Notice has lodged an appeal against
the Notice and the outcome of the appeal is awaited.
Stage 10 Referred for Court action for
compliance.
Where resolution may only be achieved by Court action e.g.
non-compliance with an Enforcement Notice, Display of Illegal
Advert, Amenity Notice etc.
Cases can move up or down between stages depending on action
taken and the Council's response.
It should be noted however that:
- Alleged breaches of planning control can be complex and what
may appear on first inspection to be a breach may subsequently be
found not to be. Indeed many cases reported to the Service are
found not to be a breach of planning control.
- The stages report can only be used as a listing of an address
and description of an alleged breach of control that the Service is
currently investigating.
- The Stages report cannot be used to confirm that there is any
breach of planning control until after Stages 8 and 9 are completed
and a relevant Enforcement Notice or similar has taken full
effect.
- You are advised to read the enforcement information main page
to obtain further information on how the Service deals with alleged
breaches of planning control.
- Due to the constantly changing nature of enforcement cases a
few records may not appear on the stages lists. It is also possible
that there may be some duplication of records between the lists.
Both of these instances are highlighted at the bottom of the stages
report.
The current Enforcement cases can be viewed here (pdf)
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software to open the pdf document
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