Planning Enforcement

When development takes place without permission the Council has a range of

enforcement powers available to it to establish whether a breach of planning

control has taken place.

Complaints

Most breaches of planning rules are brought to our attention by neighbours or as we monitor development under way. Allegations that development has been carried out without planning permission will be recorded individually.

Breaches can 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 complaint 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 adopted Local 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.

What Happens Next

Enforcement Notices are documents served by the Council which require the use of the land to stop and/or any buildings or structures that do not have planning permission to be removed.

When conditions imposed on a planning permission are being disregarded, the Council can serve a “Breach of Condition Notice” on the developer or occupier.

If this is not complied with, we can take legal action.

We will advise the owner and/or occupier of the land affected in writing of the Council’s decision to serve an enforcement notice and give them an opportunity to cease the breach before the notice served.

The complainant will be informed when the enforcement notice is served, what action is required and when the period for compliance runs out.

The complainant and neighbours will be advised of any appeal that is lodged

against an enforcement notice and the grounds upon which the appeal has been made. They will then be able to make further comments to the planning inspector dealing with the case, although at this stage the names and addresses cannot be kept confidential.

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 you must contact the Planning Department.

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 email at planningenforcement@torbay.gov.uk, or you can telephone the Enforcement Team on 01803 207802. 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 will update you on the progress of our investigations no later than 8 weeks from your first complaint.

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.