The Planning Enforcement Service at Stratford-on-Avon District Council

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-

1. explains planning enforcement law and policy;
2. lets you know how to ask us to investigate possible unauthorised development;
3. explains how the District Council investigates possible planning breaches; and
4. 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 firm 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;
• Posting 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 our Planning Enforcement Team on 01789 260367/260326;
• 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 (preferably in writing and, where appropriate with 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.

What happens after I have made my complaint?

Every complaint is recorded and entered into the Council's computerised system. You will receive an acknowledgement.

In most cases, an initial site visit will be made to help the investigating officer to assemble and assess the facts. It is also often necessary for the Council to undertake other background checks and sometimes to ask people to monitor activities over a longer period to build a picture of what is happening at a site.

Each case is individually assessed to determine whether there is a breach of planning control. In many cases, 'Planning Contravention Notices' will be served. These notices require the site owner or occupier to provide specific information about the development and use of the site.

If there is a breach of planning control, the council must also assess the amount of harm which is being caused, in relation to planning legislation and standards.

After you have received an acknowledgement of the receipt of your complaint we will tell you as soon as we can whether there are grounds to pursue the matter. We will also tell you what will happen next.

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

What are the Council's Planning Enforcement Priorities?

The District Council receives between 700 and 800 planning enforcement complaints every year. In order to make the most effective and efficient use of it's planning enforcement resources, the Council has to give priority to those cases where the greatest harm to the environment is being caused. In order to help us to do this, the Council has agreed the following priorities for action:

Priority 1. Matters which will be pursued immediately:

• The unauthorised demolition or alteration of listed buildings.
• The unauthorised demolition or alteration of buildings in conservation areas.
• Unauthorised works to trees covered by a tree preservation
  order, or in a conservation area.
• Unauthorised removal of protected hedgerows.

Priority 2. Matters which will be pursued on a regular basis:

• Other unauthorised works to listed buildings or in conservation areas including the display of advertisements.
• Unauthorised building works.
• Unauthorised changes of use of land or buildings.
• Unauthorised variations of planning permissions and breaches of planning conditions.

Priority 3. Matters which will be pursued as resources permit:

• Unauthorised works of a minor nature. For example small domestic structures such as sheds and greenhouses; boundary structures; satellite dishes.
• Advertisements other than those referred to in point 2 above.

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 Planning and Regulation Committee, during the confidential part of it's meetings.

How long do investigations take?

Undertaking planning enforcement investigations and pursuing breaches of planning control can be a lengthy process. We will investigate cases as quickly as possible and keep you informed of progress. To help us to do this we aim to achieve the following:

• Register and acknowledge receipt of your complaint within 5 working days of receiving it;
• Update you on the progress of cases; and
• Tell you the outcome of our investigation within 10 working days of the decision being taken.

Our targets are to conclude:

• 70% of Priority 1 investigations within 10 weeks;
• 50% of Priority 2 investigations within 12 weeks; and
• 50% of Priority 3 investigations within 15 weeks.

For further information please contact the Planning Enforcement team on 01789 260367 (Enforcement Administration), by emailing planning.enforcement@stratford-dc.gov.uk, or by fax on 01789 260306.