Planning Enforcement

• Introduction
• Is Planning Permission Required?
• What would be considered for Planning Enforcement?
• Trees and Hedges
• Planning Enforcement Policy
• The Purpose and Aims of Planning Enforcement
• Exercising its Enforcement Powers
• Formal Enforcement Action
• Complaints and Advice
• How to Complain
• What you can expect
• How long will it take?
• Appealing against an Enforcement Notice
• Satisfied or Dissatisfied?
• A downloadable PDF file outlining the NNDC Development Control Enforcement Service. (95KB)

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Introduction
The information on this page aims to help you get the best out of the Development Control Enforcement Service. It sets out the main service areas and explains how North Norfolk District Council carries out its enforcement activities.
The Council exists to serve you. In order to give the best possible service, It is vital that we give clear guidance on what we can do and how we will balance demands on our services against the resources available to us.
From the information we provide on these pages, we hope that you will be able to measure our performance and decide if we have met our own standards. Should you be unhappy with our performance, we hope that Council Officers can rectify any problems or explain why we cannot meet your expectations.

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Is Planning Permission Required?
Planning Enforcement can only be considered when the building work or change of use involved, needs planning permission. An initial investigation by the enforcement officer will seek to determine this.
Certain types of building works or changes of use are defined as 'permitted development' meaning that an application for planning permission is not required. Whether or not planning permission is required depends on several factors and these are detailed in the Town and Country Planning (General Permitted Development) Order 1995. Help for householders in understanding 'permitted development' can be found in a government produced booklet called 'Planning: A Guide for Householders', available from the Council Offices or our Do You need Planning Permission page.

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What would be considered for Planning Enforcement?
In most cases, if someone wishes to develop a piece of land or building (including changing its use) they will need to apply for planning permission to do so. A breach of planning control or situations that can be considered for planning enforcement include:-

• Carrying out building or engineering works or the change of use of a building or land without planning permission.
• Carrying out 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.
• Carrying out works (internal as well as external) to a listed building without listed building consent.
• Display of a sign or advertisement without advertisement consent.
• 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.
• Unauthorised demolition of a building within a Conservation Area.
• In addition the local planning authority has power to act where land has become so untidy that it harms the amenity of the surrounding area.

Breaches of planning control are not criminal offences, with the exception of:-

• unauthorised works to listed buildings,
• displaying unauthorised advertisements and
• carrying out unauthorised works to protected trees.

Breaches of planning control often occur in respect of:-

• changes of use, such as shops to offices or takeaways
• building works
• unauthorised advertisements
• erection of fencing
• alterations to listed buildings including the installation of UPVC windows

Immunity from enforcement action arises when a building or structure has been substantially completed for more than four years, and a change of use occurred more than ten years ago.

The following activities are not normally breaches of planning control, and it is unlikely that enforcement action can be taken under planning legislation:

• on street parking of commercial vehicles in residential areas.
• operating a business from home where the residential use remains the primary use and there are no staff employed there and visitors are kept to a minimum.
• stationing a caravan within the grounds of a dwelling provided that it is used ancillary to the dwelling i.e. it is stored or used as an extra bedroom.
• clearing land of undergrowth, bushes and trees provided they are not subject to a Tree Preservation Order and are not within a Conservation Area, or protected by a planning condition.

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Trees and Hedges
If you believe unauthorised work to protected trees and hedges is being undertaken, you should contact the Council's Countryside section in writing or, in urgent cases telephone 01263 513811 and ask for the Countryside section.
The High Hedge Legislation came into force in June 2005, see our High Hedges web page.

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Planning Enforcement Policy
Planning laws are designed to control the development and use of land and buildings in the public interest. North Norfolk District Council operates its enforcement activities within government guidelines and in accordance with the Council's policy. In particular, national policy as set out in PPG18, "Enforcing Planning Control" and in other Planning Policy Guidance Notes and Circulars, and will pay particular attention to the policies and priorities set out in the Norfolk County Structure Plan and the North Norfolk Local Plan (the Local Development Framework from early 2008).
In exercising its enforcement function, particular efforts are directed towards maintenance of the integrity of specially protected areas and buildings, including the Norfolk Coast Area of Outstanding |Natural Beauty, Conservation Areas, Listed Buildings and other historically significant sites together with the interest of protecting local residents' amenities. The service will seek to achieve a proper balance between these interests and other interests of acknowledged importance and in particular those concerning the economic well being of the District.

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The Purpose and Aims of Planning Enforcement
Working within these policies and guidelines, the purpose of the Enforcement Section is to bring unauthorised development under control (not necessarily to remove it). It should be noted that:

• Carrying out work or changing the use of land or buildings without planning permission is not a criminal offence. Planning enforcement actions should not be taken just because development has started without planning permission.
• The council does not investigate disputes over land ownership, boundaries, private or public rights of way or neighbour disputes, that do not involve planning harm.
• The Council does not always have to take action but the particular circumstances of the case must always be considered.
• It is not normal to take formal action against a minor breach of control that causes no real harm.

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Exercising its Enforcement Powers:
Wherever possible , the Council seeks the co-operation of owners and developers in remedying any breach of planning control on the basis of voluntary compliance.
This is achieved by a variety of means:-

• Bringing the matter to the attention of the developer who is in breach of planning control is often sufficient.
• Negotiating the removal of unauthorised development or the phased ending of an unauthorised change of use.
• Pointing out remedies such as altering the development to fall within 'permitted development', or negotiating changes to the development.
• Inviting planning applications or applications for a certificate of lawful use. Where retrospective planning application is invited, the Council will be no more or less strict than it would have been when considering the merits of a prior application for planning permission had the development not been carried out.
• When retrospective applications have been invited, complainants will be advised and applications will be advertised on site in accordance with the Council's normal policy.
• In cases where permission is refused for the retention of a development already in breach of planning control, the Council will normally consider whether enforcement action should be authorised immediately following the decision to refuse permission.
• We also proactively monitor compliance with planning conditions on approved developments which are selected by Officers in delegated cases and by the Development Control Committee for monitoring .

We:

• Contact the developer by letter and telephone and encourage receipt of the necessary details to discharge conditions.
• Carry out site visits to check compliance with conditions.
• Request the submission of amended plans or a new planning application when significant departures from approved plans are identified on site.
• Use Building Control staff to check the setting out of new developments.

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Formal Enforcement Action
Where breaches of planning control cannot be resolved by voluntary compliance or the submission of a retrospective planning application, the Council wil give consideration to the taking of formal action through statutory notices under the relevant Planning Acts. The Council will, when considering formal enforcement action:

• Have regard to the planning merits of the case and will specifically endorse the reason for taking enforcement action.
• Consider the expediency of taking such action: and
  Specify the period for compliance, and particularly in the case of unauthorised businesses tailor the timing of action to give the best possible opportunity for re-location without undue delay.

If formal enforcement action is authorised, the Council will serve an Enforcement Notice on the owner and/or occupier of the land. The notice explains the nature of the breach of control and sets out what steps are necessary to put things right, and a date by which this must be done. If the notice is not complied with , the Council may bring a prosecution in the Magistrates Court.

In most cases, people who receive an Enforcement Notice can appeal to the Planning Inspectorate. An appeal has to set out why it is felt that the action should not be taken. The appeal can be dealt with by an exchange of letters , an informal hearing in front of an inspector, or at a Public Inquiry. Where an appeal is lodged, the Council can take no further action until the appeal has been decided. It is not unusual for the appeal process to take several months.

The Council can also carry out other enforcement action, including:

• Service of a 'Breach of Condition Notice' where development has taken place without compliance with a condition(s) of the planning permission.
• Service of a notice requiring the proper maintenance of land under Section 215 of the Town and Country Planning Act 1990.
• Prosecution in connection with unauthorised advertisement display.
• Service of a 'Listed Building Enforcement Notice' where unauthorised work has taken place to a building listed as having special architectural or historic interest.
• Service of a 'Conservation Area Notice' where unauthorised demolition o has taken place within a designated Conservation Area.
• Prosecution for non-compliance with a requirement to replace a protected tree.
• Prosecution for unauthorised work to a protected tree.

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Complaints and Advice

• For a complaints form please telephone (01263) 516130.
• For advice please contact our Enforcement Section on (01263) 516228 / 516247 / 516156 or planning-enforcement@north-norfolk.gov.uk

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How to Complain
Anyone who believes that a breach of planning control has occurred, can make a complaint. You should do so in writing:

• to Planning Enforcement, North Norfolk District Council, Council Offices, Holt Road, Cromer, Norfolk NR27 9EN
• or e-mailing planning-enforcement@north-norfolk.gov.uk
• or use the contact us form accessed from the horizontal menu at the very top of the page.
• or in urgent cases telephone 01263 513811 and ask for Planning Enforcement

Please include as much detail as you are able, including:

• Full address and location of the site where the development / breach is taking place.
• Nature of the alleged breach and the planning harm caused.
• If relevant, give specific examples with dates and times to substantiate your complaint.
• Name (if known) and status or the person(s) involved. e.g. owner / tenant / occupier / contractor / worker
• Date when activities first began.
• If the complaint relates to a change of use, state the previous use of the site.
• Your full name, postal address and contact details, including telephone number.

The Council does not investigate anonymous complaints. All complaints made by letter, e-mail or telephone must have the complainants full name, address and telephone number.

We will seek to maintain the confidentiality of complainants at all times, including Town and Parish Councils and District Councillors, unless court proceedings rule otherwise. However the substance of the complaints them selves is not confidential. In some cases it may be necessary to rely on evidence from complainants in order to take action and you will need to consider whether you are willing to actively assist the Council by collecting evidence and acting as a witness at an appeal or in Court. The Council's Enforcement Officer will explain what may be required in these cases.

Once a breach of control has been confirmed, you may be asked to make a note of your observations and keep a log of any relevant activities. It is particularly useful to note times, dates, names, addresses, telephone numbers and registration details of any vehicles involved.

If you also raise your complaint with a Councillor, please advise them of any contact you may have had with the Enforcement Section and give them the name of the Officer who is dealing with your complaint.

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What can you expect?
The Enforcement Team will:

• Register and acknowledge your complaint within 5 working days of receipt.
• Investigate the alleged breaches of planning control and establish the facts.
• Encourage resolution of the problems by advice, assistance and negotiation.
• Where appropriate invite applications for planning permission.
• Advise complainants of what action is being taken within 20 working days of the receipt of the original complaint.
• Where authority to take formal enforcement action has been given, advise the complainant and contravener within 15 working days of the decision.
• At all times we will seek to explain the procedures and legislative constraints involved at each appropriate stage of the investigations.
• All efforts will be directed to bringing the unauthorised development under planning control.

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How long will it take?
Dealing with enforcement cases can be a lengthy and complex process. The different types of enforcement cases vary considerably in complexity, as does the time taken for their resolution. If a person decides to appeal against formal enforcement action, this will add to the time taken to resolve the case. Legal action in the Courts may open further options for appeal. Such legal processes may result in a delay to the resolution of the unauthorised development. In consequence it is not possible to give a standard time for dealing with enforcement cases.

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Appealing Against an Enforcement Notice
You can appeal against an enforcement notice.

• An Online Enforcement Appeal form is available through the Planning Casework service.
• Enforcement Appeals will appear on our weekly list page in the weekly list of appeal information. The reference number will contain DEV6.

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Satisfied or Dissatisfied?
If you consider that we have provided a good service then please let us know.
If you feel that procedural improvements should be made, or you consider that you have not obtained a satisfactory explanation or are dissatisfied with how your complaint has been handled, then write to :
Planning Legal and Enforcement Manager,
North Norfolk District Council, Council Offices, Holt Road, Cromer, NR27 9EN