Planning Enforcement
So, what is town planning enforcement?
Planning enforcement is very important in modern society because it helps
to protect the environment for all of us. The type of work that people do without
permission is often the sort of work, which damages the character and amenity
of an area, and would not be allowed if they did apply. Our Enforcement Officers
investigate complaints received from a variety of sources such as staff from
our own and other departments, Councillors, neighbours and other members of
the public. Some of the most common cases include:
- Building work
- Change of use
- Untidy land
- Work to listed buildings
- Felling or lopping trees
- Erection of advertisements
- Work not complying with planning conditions
How does enforcement work?
When a report is received, the first task is to check whether any permission
is needed. If the work does not need planning permission, or if permission
has been granted and planning law has not been broken, we cannot take enforcement
action.
If work has been done without the necessary permission, the Government recommends
that we should try to negotiate a satisfactory solution before we start more
formal action. Sometimes, the problem can be solved by an alteration of the
work or the submission of a retrospective planning application.
If negotiation fails, we are legally required to consider the expediency of
taking enforcement action. In other words, we have to decide whether the case
is sufficiently serious as to justify spending a lot of public time and money
taking legal action. In making that decision, we consider whether the matter
is contrary to the policies in the Unitary Development Plan, which sets out
how we assess the merits of all planning applications. One of the key issues
is the severity of the impact on the neighbours and on the general environment.
The department has adopted the Government Cabinet Office's Planning Enforcement
Concordat that commits us to good enforcement policies and procedures. Full
details of the Concordat can be found on the  Cabinet
Office website.
What does enforcement action involve?
There are various powers available to us and the action we choose to take
will depend on the type of offence and the harm it causes.
The more formal part of enforcement action usually starts with an Enforcement
Notice which requires the breach of planning legislation to be remedied. The
Notice is served on the land so anyone with an interest in the land gets a
copy. That includes mortgage lenders because the problem could have a serious
effect on the value of the property. The Notice will allow an adequate period
of time for the problem to be resolved. If that period expires and the problem
still exists, we will normally move on to a prosecution.
A slightly different process applies when planning permission has been granted
but the conditions of the permission have been breached. We serve a Breach
of Conditions Notice on the person(s) responsible and, once again, we allow
a suitable period of time for compliance.
Has an offence been committed?
That normally depends on whether something has been physically done or whether
it is simply a failure to follow the correct legal procedure.
For example, breaching planning legislation by working on a listed building
or working on protected trees would be an offence.
Simply failing to apply for planning permission is not, in itself, an offence.
However, where permission has not been sought, enforcement action may follow,
which could lead to offences being committed.
Is planning permission always needed?
That depends on what work is proposed. There are lots of smaller jobs that
can be done without planning permission. These types of work are known as ‘permitted
development’.
If you want to check whether work needs planning permission or one of the
associated consents such as Listed Building Consent or Conservation Area Consent
then contact the Council’s Development Control Division either by telephone
on 020 8308 7992 or by visiting the Wyncham House offices in Longlands Road
Sidcup. Bexley operates a Duty Officer system where a Planning Officer is available
between 9am and 5pm Monday to Friday (including 5pm to 7pm on Tuesdays for
personal callers to the Wyncham
House reception only).
Remember, it is cheaper to check because putting things right can be very
expensive.
How do I make an enforcement complaint?
If you believe works have been carried out without the appropriate permission
or are not in accordance with a permission that has been given, then let us
know. You can either complete the on-line complaint
form, or you can telephone
the Enforcement Team on 020 8308 7773. Please remember your complaint will
be dealt with in confidence.
Will I hear what is happening?
When people have made a complaint, we try to tell them what progress has been
made. The legal process can take a long time so you may not hear from us as
often as you might hope. We should update you after 8 weeks and again after
26 weeks.
You can see a summary of the case including its current status by using the
Council's Public
Access on-line enquiry facility.
I’ve been served an enforcement notice,
can I appeal?
An appeal can be made against an Enforcement Notice before it takes effect.
The appeal is made to the Secretary of State and the Notice is held in abeyance
until the appeal has been dealt with.
There is no right of appeal against a Breach of Condition Notice. That is
because there was a right of appeal when the conditions were first imposed
as part of the planning permission.
Information,prepared by the Planning
Inspectorate, to help anyone served with
a copy of an enforcement notice to decide whether there are grounds for appeal
to the Secretary of State (and if so how to appeal) is available from the Planning
Portal website. The Secretary
of State responsible is the Secretary of State for the Department for Communities
and Local Government (DCLG).
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