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Planning Enforcement

What is planning enforcement?

Most people are affected by planning decisions at some time. Building works or changes in the use of land and buildings are sometimes carried out without planning permission or without properly following approved plans. Such unauthorised work can harm the character of the District or the way in which people live and work. This page:

explains planning enforcement law and policy;
lets you know how to ask us to investigate possible unauthorised development;
explains how the District Council investigates possible planning breaches; and
tells you how you can help the District Council to do so.

What is the role of the Council?
Parliament has given the responsibility for dealing with breaches of planning control to local authorities. In most cases, the decision whether or not to take action rests with the District Council. It is not always appropriate for the Council to take action. The decision will always depend on the particular circumstances of each case.

In most cases the District Council will give the people involved an opportunity to apply for retrospective planning permission. However, where serious harm is being caused, the Council will take formal action to resolve the problem.

The District Council cannot become involved in private legal matters, such as boundary disputes and private rights of way.

When should the Council take action?
The District Council must operate its enforcement activities within Government advice. This means that:

The decisive issue for a Council is whether a breach of planning control unacceptably affects the character of the District or the quality of life.
It is usually inappropriate to take formal enforcement action against a trivial or technical breach of control which causes no real harm.
Action should not be taken just because development has been undertaken without planning permission.

Is carrying out unauthorised development an offence?
It is not a criminal offence to carry out unauthorised development. However, there are some matters which are offences, including:

Unauthorised works to listed buildings;
Causing damage to a tree protected by a Tree Preservation Order or which is in a Conservation Area;
Display of unauthorised advertisements; or
Failing to comply with an Enforcement Notice or other formal notice.

How do I complain about unauthorised development?
If you think that a development is taking place without proper authorisation or contrary to conditions placed on a planning permission, you can request an investigation by:

phoning 01789 260303 and asking to speak to our Planning Enforcement Team;
writing to the Planning Enforcement Team at Elizabeth House, Church Street, Stratford upon Avon CV37 6HX;
faxing us on 01789 260306; or
e-mailing us using this link.

You will need to give as many details as possible, including the location of the site and a description of the development taking place.

We will take your name and address so that we can keep you informed of progress.

Your identity will be kept confidential, however, and will not be disclosed.

What information will the Council need?
The District Council's investigation of planning enforcement cases is often greatly assisted by the local knowledge of the complainant.

When you first approach the Council, you should supply as much information as possible (including where appropriate, sketch plans, photographs, etc) about the current and previous situation including:

the exact address and location of the building or site;
when activities started, and whether they are still continuing;
the approximate dimensions of any new building works;
the names and addresses/phone numbers of any owners, occupiers or builders that you think may be involved;
details of any problems caused, for example visual intrusion, overlooking, noise, traffic, smells; and in the case of potential unauthorised uses, details of the type and frequency of the activity.

How will my complaint be investigated?
The Council is currently reviewing its existing procedures for investigating enforcement cases. It is anticipated that a new procedure will be implemented early in 2011 after the completion of experiments through the Council's Systems Thinking Review project which is currently being carried out.

During the Review period all new cases received are being assessed to determine whether there is a breach of planning control and to establish whether a site visit is necessary by one of the Enforcement Officers.

In some cases, investigations can take some time to complete. When this happens, we will aim to provide you with an update of progress at regular intervals.

What action can the Council take?
Formal action will normally only be taken where:

there is a substantive breach of planning control;
the unauthorised development causes significant harm in planning terms; and
the issues cannot be resolved by negotiation or by the submission of a retrospective planning application.

Formal action may include:

Planning Enforcement Notice - This notice addresses with most types of unauthorised development. There is a right of appeal, which suspends the effect of the notice while the appeal is considered.
Breach of Condition Notice - This notice can be served when conditions attached to a planning permission have not been complied with. There is no right of appeal against this notice.
Temporary Stop Notice - This notice can stop the development for up to 28 days so that negotiations can take place or issues can be resolved.
Injunctions and Stop Notices - These are used in exceptional circumstances where the Council considers it necessary to restrain an immediately harmful breach of planning control.
Untidy Land Notices- This notice (a 'Section 215 Notice') requires a landowner to tidy land or buildings which are in an unreasonably untidy condition.

Prosecutions
The Council can prosecute where an offence has been committed (see above).

In most cases, consideration of the need for formal action is taken by council officers, in agreement with the ward councillors for the part of the District concerned. However, in those cases where an agreement cannot be reached, the matter is considered by the District Council's Audit and Regulatory Committee.

What formal action has the Council taken?
A list of the formal enforcement action by the Council since January 2009 can be viewed by clicking on the following link:

For further information please contact the Planning Enforcement team by emailing planning.enforcement@stratford-dc.gov.uk

Top of page

Downloads:
Register of Enforcement Action (253KB PDF) | Help with PDFs

External links:
Planning Portal | The Planning Portal - Appeals and other casework | RICS Planning Information

See also:
Appeals | Planning Enforcement Breach Form

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Contact us
Stratford-on-Avon District Council
Elizabeth House,
Church Street,
Stratford-upon-Avon,
Warwickshire,
CV37 6HX

E: info@stratford-dc.gov.uk
Tel: 01789 267 575
Fax: 01789 260 007
Minicom: 01789 260 747
Area offices | Further contacts