In the United Kingdom, planning laws are used to control development of our urban and rural environments.
The planning enforcement team at Guildford Borough Council investigate and enforce against alleged breaches of planning control.
We may seek to negotiate an acceptable outcome, or serve formal notices requiring the breach to be stopped or rectified.
When can the Enforcement team take action?
When an alleged breach of planning control is reported, the Enforcement Team will investigate and if a breach is found and planning permission is required, an investigation to resolve the breach will continue. The Enforcement team will then take whatever enforcement action that may be necessary, in the public interest, to remedy a breach if one is found. Some of the issues that we investigate are:
- Building works that are alleged to require planning permission
- Advertisements, that are illegal or visually harmful
- Unauthorised work to Listed Buildings
- Unauthorised work to Protected Trees
- High Hedges
- Changes in the use of land or buildings
- Works not in accordance with a planning permission
- Non compliance with planning conditions
- Land or buildings that are severely untidy
When we cannot take action?
Most householders and businesses have permitted development rights and they don’t always need to apply for planning permission. The team is unable to take action against development that does not need an application, has already been granted permission or is immune from enforcement action. For example:
How do I make a complaint?
To make a complaint, you can either:
All complaints should include the address of the property in question or the precise location of the alleged breach. We then need your name, address and telephone number, and email address (if you have one).
Please note: Details of complainants are never given out, so your details will remain confidential.
If you have an ongoing investigation please do not hesitate to contact us on 01483 444627 quoting the reference number and / or address of the property or land you required information about.
What happens to my enquiry and how does it proceed?
When an enquiry is received, an investigation takes place to see if there is a breach. This often takes time and all complaints can be very different.
We investigate the enquiry and see if there has been any breach of planning control. If a permission is required we would then discuss with the occupier or owner of the property and try to resolve the breach by negotiation.
We believe it is important to negotiate and achieve acceptable outcomes before considering any formal enforcement action.
We may sometimes take this opportunity to invite the owner or occupier to submit a retrospective planning application to try and regularise the unauthorised works. In some cases when an application is submitted we must withhold formal enforcement action until the decision has been reached. A retrospective application is when the works have already taken place prior to being granted planning permission.
Please note: A planning breach in itself is not illegal and the council will often receive a retrospective application where planning permission has not previously been sought.
If the breach has not been resolved we will then decide if the breach warrants formal action in the form of an enforcement notice or other relevant notice and take the most appropriate action.
Advertisements displayed without the benefit of consent (either deemed or express) is a Criminal Offence and open to prosecution from its first display. When prosecuting offenders we must ensure that the company or individual has been given the chance to rectify the breach.
Enforcement Notices and actions that we can take and the reasons why?
- Enforcement Notice: Can be served as a last resort when building works, engineering operations or changes of use requiring planning permission and have either failed to obtain permission or have not applied. The notice outlines the requirement/s to remedy the breach within a specified period of time.
- Listed Building Enforcement Notice: Is served when any internal or external alterations harm the character or appearance of a listed building. Like the enforcement notice it specifies the works required to remedy the breach and the timescales to do the work.
- Section 215 Notice: The notice can be used to tidy up a building or piece of land which may have become visually unacceptable and harmful to the visual amenities of an area.
- Breach of Condition Notice: Is an enforcement notice where planning permission has been granted and a condition has not been complied with. The notice will specify the requirements of the condition to be completed. There is no right to appeal with this notice.
- Injunctions: Are used in very urgent cases where irreversible damage is being caused. It is a criminal offence to breach an injunction.
- Stop Notice: This is a notice which takes more immediate effect backing up an enforcement notice and is used where the alleged breach is causing serious and immediate harm to the amenities of neighbouring occupiers.
- Temporary Stop Notice: This notice can be used to immediately stop building works for 28 days which is causing a serious and immediate harm to the local amenity and without needing to serve an enforcement notice.
- Prosecution: In cases of unauthorised display of an advert or alterations to a listed building the council can prosecute immediately.
- Discontinuance Notice: When an advertisement sign is erected under “deemed consent” but is sited in an area or position which causes visual injury or a danger to public safety. These signs can be served with this notice to be removed.
- Planning Contravention Notice (P.C.N): Is a notice which requires factual information from the persons or company to which it is served. It is an offence not to comply with this notice and must be returned within 21 days from the date of service.
- Appeals: There is a right of appeal against an Enforcement Notice, Listed Building Enforcement Notice, Discontinuance and a Section 215 Notice (magistrates court). There is no right of appeal against a Stop Notice or a Breach of Condition Notice.
Non-compliance with an enforcement notice
If an enforcement notice is served and the persons or company fail to comply with the requirements of the notice during the period given, then they are guilty of an offence. Prosecution for non compliance with an enforcement notice may result in a fine up to £20 000 (Magistrate's Court) or an unlimited fine (Crown Court).
The notice will appear in any search on the property and a prospective purchaser will be unlikely to buy the property as the liability to comply with the notice (and any future enforcement action) passes to them on purchase of the property.
Prosecution
It is not an offence to build without planning permission but it is an offence to;
- Not comply with an enforcement notice
- Display an advertisement without express consent
- Undertake works to a Listed Building without consent
- Undertake works to a Protected Tree
Direct Action
In very rare cases, the Council can take Direct Action which means if the breach is not resolved, we can enter the land and complete the required works, with the cost being charged to the land.
If you wish to find out any other planning related matters please contact us using th edetails below.
Planning Enforcement Team
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB
Tel: 01483 444627
Email: planningenforcement@guildford.gov.uk