Enforcement of Planning Control
Introduction
Planning permission is normally required for the development of property, whether by erecting buildings or by making material changes of use. Surrey Heath Borough Council can use legal powers to rectify development carried out without proper authorisation, if such action is justified (expedient) in the public interest.
It must be understood that it is not an offence to carry out development without first obtaining planning permission. The legislation (see below) specifically provides that a grant of planning permission may relate to development carried out before the date of the application. Planning Policy Guidance Note 18 (PPG 18) 'Enforcing Planning Control' states that where the LPA's assessment indicates that unconditional planning permission would be granted for development which has already taken place, the correct approach is to suggest to the person responsible for the development that they should submit a retrospective planning application. It may also be appropriate to consider whether any other public authority (eg the highway or environmental health service) is better able to take remedial action (if this is necessary).
Surrey Heath is sometimes vulnerable to the carrying out of unauthorised uses and to other breaches of planning control due to the prevailing development pressures arising from its location and resultant high land values. In such circumstances, and as part of a commitment to the protection of the character of the Borough and the amenity of its residents, the Council's Planning Applications Committee places a high priority on planning control.
Legislation
Powers for the enforcement of planning control over the development and use of land are given by the Town and Country Planning Act 1990 as amended by Part I of the Planning and Compensation Act 1991. This legislation allows the Council to use any of the following powers where there has been a breach of planning control which should be rectified.
(i) the power to serve a 'planning contravention notice' where the Authority requires information about activities on the land, or the nature of the recipient's interest in the land;
(ii) the power to serve a 'breach of condition notice' to remedy the consequences of failure to comply with any condition or limitation imposed on a grant of planning permission;
(iii) the power to serve an 'enforcement notice' to remedy any other unsatisfactory breach of planning control;
(iv) the power to serve a 'stop notice' to require immediate cessation of an activity specified in an enforcement notice;
(v) the ability to seek an injunction, in the High Court, or County Court, to restrain any actual or reasonably anticipated breach of planning control.
What the Council will do
Upon receipt of a complaint alleging a breach of planning control the particular site or premises will be inspected and other information sought in an effort to establish the facts. Where a breach of planning control is confirmed, the person responsible for the breach will be informed of what is wrong and what action should be taken to correct it. A time limit will be given (the length of which will depend on the particular circumstances) and the consequences of not taking the appropriate action will be explained, ie the possibility of formal enforcement action being taken in order to remedy the specific breach of planning control.
Complaints will be normally treated as confidential to the Council (so far as it is practicable). The Council will respond to complaints within two to 10 working days depending on the nature of the alleged breach. The complainant will be advised of how the Council intends to pursue the matter, as soon as it is in a position to do so.
The Borough Council recognises the importance of maintaining a clear and consistent approach when dealing with alleged breaches of planning control. With this aim in mind, and in an effort to assist users of the planning process in their understanding of the approach taken by the Council, the Directorate of Planning and Community Services have published 'A Planning Enforcement and Compliance Policy Statement'.
In addition, the Council has agreed to abide by the terms of the Enforcement Concordat. The concordat sets out the principles which govern participating authorities in their approach to all areas of enforcing legislative controls, including that of planning. (Available from Planning Reception, the Council's web site, or the Local Government Association.)
To download a copy of Planning Enforcement and Compliance Policy Statement click on the link below.
For more information please contact:
Head of Built Environment
Surrey Heath Borough Council
01276 707210
development.control@surreyheath.gov.uk
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