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What is the role of the Planning Enforcement Officer?
As the Local Planning Authority, the Council has the responsibility for dealing with breaches of planning control. The ‘Enforcement and Tree Protection’ section within the Development Control Group is responsible for the investigation of all alleged breaches of planning control. A breach of planning control will comprise ‘development’ which requires planning permission, or other matters which require the formal consent of the local planning authority. However, the Council does not always have to take action and the decision will depend very much upon the particular circumstances of each case.
The Planning Enforcement Officer can only get involved in matters which involve ‘development’ and which require to be the subject of planning control. It is not the Planning Department's role to resolve legal or neighbour disputes.
It is not necessarily an offence to carry out work, or change the use of buildings, without first obtaining planning permission. Under planning legislation it only becomes an offence after the Council have issued and served the appropriate Notice (see Taking Enforcement Action), and those responsible do not take the necessary actions to remedy the situation, either by removing or modifying the unauthorised works, or by stopping the unauthorised activity in accordance with the requirements of any Notice issued.
In relation to listed buildings, however, it is an offence to carry out any works of alteration, extension or demolition in a manner which would affect the character of the listed building (i.e. A building which is 'Listed' in the register of structures of architectural and/or historic interest) without obtaining prior consent from the District Planning Authority.
What type of enquiries are dealt with by other Departments/Agencies?
The list below is a sample of the type of other potential ‘enforcement’ issues which are handled by other Departments/Agencies because different legislative powers apply.
What if work has gone ahead without the required planning permission?
Breaches of control can include:
- Building or engineering works or the change of use of a building or land without planning permission.
- Development not in accordance with a planning permission. This can be either failure to follow the approved plans or failure to comply with conditions attached to the permission.
- Works (internal as well as external) to a listed building without listed building consent.
- The display of a sign or advertisement without advertisement consent.
- The unauthorised felling or carrying out of works to a tree which is protected by a Tree Preservation Order or which is within a Conservation Area.
- Where land and/ or buildings have become so untidy that the amenity of the surrounding area is being seriously harmed.
The Planning Department may ask for the submission of a retrospective planning application if it considers there is unlikely to be any objection on policy or amenity grounds (see How to Apply). However, if it considers that the development involves a serious breach of planning control, enforcement action may be taken.
Notifying the Council of a Possible Breach
If you have concerns regarding a planning enforcement matter, you can report a possible breach of planning control online. However, if you wish to make a general enquiry regarding planning considerations, matters or a current planning application you can also complete an online form.
Taking Enforcement Action
There are a number of enforcement powers and the one(s) chosen will depend upon the nature of the case.The following is a summary of the principal options used by Warwick District:
These can require unauthorised uses to cease, or unauthorised building works to be altered or removed. They may also require land or buildings to be reinstated to their former condition. Clear reasons for the notice and compliance requirements must be provided as well as a reasonable period for compliance.
These can only be used in conjunction with Enforcement Notices , principally where it is considered serious harm is being caused. To ensure no claims for compensation are made, stop notices must be served on all the right parties, and the Council has to be certain a breach of planning control has actually occurred. In Warwick District stop notices have been used very rarely because the great majority of breaches do not cause irrevocable harm.
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Listed Building Enforcement Notices
These notices relate to unauthorised works carried out to listed buildings, and are very similar in format to Enforcement Notices. The works can include the display of advertisements on listed buildings and any internal or external alteration which is considered to have materially affected the character of the listed building.
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Breach of Condition Notices (BCNs)
These are used where a condition of a planning permission has not been observed. There is no right of appeal against the notice, but the fines for non compliance are limited.
Right of Appeal
See Planning Appeals
Non Compliance and Prosecution Action
It is a criminal offence if there is a non compliance with an Enforcement Notice/Listed building Enforcement Notice, and in these circumstances if, following final warning letters, the matter remains unresolved then legal action can be taken at the Magistrates Court where financial fines for non compliance can be imposed.
Enforcement Service Performance Targets and Policy
Contained within the approved 2003 WDC Planning Enforcement Procedure and Policy Statement are the following performance targets:
All enforcement related enquiries received by letter, fax or Email to be acknowledged within 3 working days of receipt.
- Where a site visit is considered necessary, all first site visits to the site under investigation to be made within 7 working days of receipt.
- Within 15 working days of the Planning Committee’s decision to authorise enforcement action, all instructions to be prepared and issued to Legal Services
- Within 12 weeks of receipt of the enquiry into the alleged breach of planning control, 80% of enquiries should be satisfactorily resolved (This figure includes enquiries where retrospective planning application is submitted for consideration)
The Council must have regard to the government’s policy on enforcing planning control. This is set out in Planning Policy Guidance Note 18 “Enforcing Planning Control” (PPG18), in DOE Circular 10/97 Enforcing Planning control: Legislative Provisions and Procedural Requirements, and Enforcing Planning control: Good Practice Guide for Local Planning Authorities published in July 1997 , available from Her Majesty’s Stationery Office via the contact details below.
In accordance with national advice ,Warwick District approved a ‘Planning Enforcement Procedure and Policy Statement’ in April 2003 which is available on request.
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