Enforcement
Planning Enforcement
Our Enforcement Officers deal with the investigation and resolution of breaches of planning control throughout the Borough. Informing us about a possible breach of planning control may be made by telephone, in writing or online. More information about reporting a breach is available here.
Advertisement of Advertisement Regulations
Anyone who displays an advertisement, or uses an advertisement site, or knowingly permits someone else to do so, without the consent required for it is acting illegally.
The Council may immediately bring a prosecution, although it is open to the advertiser to apply for consent retrospectively.
The maximum fine is presently £2500, with an additional daily fine of one tenth of the maximum penalty on conviction of a continuing offence.
The Council can also obliterate or remove illegal posters or placards.
If the public suspect that an advertisement or poster does not have consent, they may report it to the Council’s Enviro-Crime Unit to take the appropriate action.
Listed Building Enforcement
Under section 9 of the Planning (Listed Buildings and Conservation Areas) Act 1990 it is a criminal offence to demolish a listed building, or alter or extend such a building in a way which would affect its character, without first obtaining consent, and the penalties for this can be heavy. This is why it is important to always check with the Council as to the need for consent before carrying out any works.
If the public suspect that works that they observe do not have the necessary consent, they may report the matter to the Council’s Enviro-Crime Unit to take the appropriate action.
High Hedges
Failure to comply with the requirements of a remedial notice would be an offence. If convicted in a magistrates’ court, the hedge-owner could be fined up to £1,000. In addition to, or in place of, a fine the court might then issue an order for the offender to carry out the required work within a set period of time. Failure to comply with the court order would be another offence, liable to a £1,000 fine. At this point, the court would also be able to set a daily fine for every day that the work continued to remain outstanding.
If the works set out in the remedial notice are not carried out, the Council will have powers to do the work specified, recovering its costs from the hedge owner. But, there is no requirement or obligation on them to intervene in this way.
Enforcement and Urgent Works
Similar to the provisions for listed buildings it is a summary offence to demolish a building in a conservation area without first obtaining the necessary consent.
If the public suspect that works that they observe do not have the necessary consent, they may report the matter to the Council’s Enviro-Crime Unit to take the appropriate action.
Again similarly to listed buildings, the Council has powers to undertake urgent works necessary to preserve unoccupied buildings in conservation areas, and to recover the costs from the owners.
Further information on planning enforcement
Planning Policy Guidance 18: Enforcing planning control
Circular 10/97: Enforcing planning control: legislative provisions and procedural requirements
A Farmer's Guide to the Planning System
Planning: A Guide for Householders
This document was last updated on 2008-01-03 11:58:20 published by the Planning team. Document Reference:LBE_131853
