What is a planning enforcement?

Planning enforcement is the process of investigating and resolving possible breaches of planning law. This might include: Not obtaining planning permission for works that require permission (including; listed buildings, satellite dishes, advertisements, protected trees and so on).

What is the purpose of planning enforcement?

The purpose of planning enforcement is normally to resolve the problem either through negotiation, or, failing that through formal enforcement action, rather than punishing the person who breached planning control. Any action taken has to be appropriate to the scale of the breach.

What happens with planning enforcement?

The effect of a planning enforcement order is that the local planning authority will be able to take enforcement action against the apparent breach of planning control or any of the matters constituting the apparent breach during the “enforcement year”.

What is the enforcement period for planning permission?

There are two time limits set out in section 171B of the Town and Country Planning Act 1990 for an authority to take enforcement action: four years where the breach comprises either operational development (the carrying out of unauthorised building, engineering, mining or other operations) or the change of use of a …

Is planning enforcement Anonymous?

Your details will be kept confidential and will not be disclosed without your knowledge or consent (we do not process anonymous reports).

What does a planning enforcement notice mean?

An enforcement notice is a notice served against unauthorised development requiring the unauthorised development to be demolished or the unauthorised use to cease, for example.

What is a planning enforcement complaint?

“Effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.

What happens if you ignore an enforcement order?

The steps detailed to remedy the breach exceed those required by planning control. The time allowed to comply is insufficient. Failure to appeal will cause the enforcement notice to take effect. If you do not then comply with it, you will be committing a criminal offence.

What is the 4 year rule?

The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.

What is the 4 year planning rule?

‘THE 4 YEAR RULE’ applies to building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more. Therefore you may have a perfectly adequate building but no lawful use for it.

Can planning be enforced after 10 years?

Enforcement action can be taken after a development is complete, normally within 4 years or 10 years if the development involves a change of use or non-compliance with a planning condition.

When does enforcement need to occur in planning?

Enforcement should occur when there is a clear breach of the Act, a planning scheme, permit condition or section 173 agreement and the breach warrants enforcement, especially if it causes detriment to the community. The main emphasis of enforcement should be on obtaining compliance rather than on prosecuting offenders.

When to take enforcement action against a development?

development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development; in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where planning conditions may need to be imposed.

When to take enforcement action under Planning Act 1990?

section 171B(4)(b) of the Town and Country Planning Act 1990, which provides for the taking of “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach.

What are the functions of the enforcement system?

The enforcement system separates the functions of VCAT (which deals with the planning issues in relation to enforcement orders and disputes) and the courts (which deal with prosecutions). Enforcement order proceedings are designed to prevent or stop existing unlawful planning activities and to achieve compliance, reinstatement or remedial works.