Planning Enforcement
How planning controls are enforced in England and Wales
Introduction
The planning system operates consistently across the whole of England and Wales, and is strictly controlled by national legislation. The power to take enforcement action against people, or companies who carry out development without planning permission, is guided by a clear policy statement from the Government. The main principle in law is that enforcement action is a discretionary power, which must be fully justified.
Is planning infringement a criminal offence?
Doing something without planning permission is not automatically a criminal offence. Lots of people make the mistake of building things without permission, and there is also a culture of some neighbours using the planning system to get even over disputes between them. For these reasons Parliament thinks it would be unjust to create an automatic offence. It is, however, a criminal offence to fail to comply with an enforcement notice, to do unauthorised works to a listed building or protected trees, or to display advertisements without consent.
Is planning permission always required for building work?
There are many types of works and some changes of use of land and buildings which do not require planning permission. Householders now have fairly extensive "permitted development" rights under planning law, which allows them to build extensions, outbuildings and carry out other works within the curtilege (boundary) of their house without planning permission, subject to certain location, size and height criteria. Information is available on our Is Planning Permission Required page.
Where works are carried in accordance permitted development rights, the Council has no powers to take enforcement action
What happens when a complaint is made?
Upon receipt of a complaint about unauthorised works, the Council will allocate one of three priorities to the case. High priority cases, such as unauthorised works to a listed building will be investigated as soon as possible, usually within 1 working day. Cases that are causing no demonstrable harmThe law requires the council to proceed over two clear hurdles. It must first prove that permission is actually needed. There are lots of things which can be done without the need for planning permission, and these are clearly defined by regulations and case law. Where a permission is not required, the council can proceed no further under planning powers, although it will check to see whether any other regulations under different powers can help to resolve the problem.
Even if permission is needed, the laws protecting landowners from injustice require the council to prove that there are sound reasons for taking enforcement action. It must show that planning permission would have been refused, and that there is clear and precise evidence that some form of serious harm is being caused. The council cannot just rely on the fact that a neighbour objects because other technical evidence and proof of harm, usually provided by an expert, is required.
Where permission is needed and the council can demonstrate harm, it can use a range of enforcement notices against the land owner. Sometimes this will require works to be stopped or removed. In other cases this will require improvements or modifications to comply with normal planning requirements.
Whose side is the Council on?
The council must be careful to remain totally impartial in such cases. The decisions it makes must be shown to be in the general public interest, and not to support the private interests of a developer or objector. All forms of enforcement action can be challenged on appeal, or by defence in the courts, and the council can face costs against it if it has not proven its case properly.
Feedback and confidentiality
Investigations can often take some time to assemble evidence. The council will try to give regular feedback to complainants about progress. It must also be open with the person being investigated and try where possible to rectify matters by negotiation. Access to information rules enable the council to keep the name of complainants confidential. Where formal action is needed, it will try to use its own experts to provide the evidence. There may however be times when a case cannot proceed without evidence from the complainant. It will be up to the complainant to choose whether to give that evidence.
What if the council takes no action?
If the council concludes that it is not expedient to take enforcement action, this does not give the landowner a formal permission. Serious problems can occur when trying to sell property where there is no planning permission revealed on a search. Landowners are advised to either regularise the position by applying for planning permission retrospectively, or to apply for a lawful use certificate in other cases. The council will not be responsible for delays in conveyancing, because of the failure of an owner to secure permissions in the past.
Making a complaint
Before making a complaint, you are advised to discuss your concerns with the owner of the property. Many of the complaints we receive do not concern issues that are covered under the planning laws. You should also note that some works do not require planning consent. If you are unsure if Planning permission has been granted for a development, you are advised to check Public Access.
When making a complaint, you should include:
Your name and address
The nature of your complaint - for example change of use of land or buildings, erection of buildings or extensions, works to trees or hedgerows, untidy land etc.
The reason for your complaint - Describe the impact that the alleged breach of planning control is having, for example increased noise, increased traffic, looks unsightly etc.
The above information is essential for us to investigate your complaint. Due to the large number of complaints we get, a priority system is used and complaints with the greatest impact will normally be investigated first. Complainants personal details will be kept confidential - we understand that complainants may wish to remain anonymous, but in order for us to assess the impact of the alleged breach this information is important.
How to make a complaint:
1. Complete the Online Enforcement Report Form
2. Email: developmentcontrol@lancaster.gov.uk
3. Telephone (Between 9:30am and 11:30am Mon-Fri):
- Debbie Threlfall, Senior Planning Control Officer: 01524 582344
- Alison Hesketh, Planning Control Officer: 01524 582350
4. In writing to:
Planning Control
Development Control Team
PO Box 4
Town Hall
Lancaster
LA1 1QR
Viewing Enforcement Information Online
Enforcement Information is now available to view online using the Enforcement Search feature in Public Access. This will display cases that have had an enforcement notice issued in the last 5 years. Clicking on Associated Documents will allow you view all Enforcement notices in full.