Planning and Development

Enforcement FAQs

  1. What action can the Council take?
  2. What incidents are the County Council interested in?
  3. Will my identity be kept confidential?

1: What action can the Council take?

If further action is required it will be through one of the below routes:

  • Planning Contravention Notice
    This is served on landowners/operators to obtain information about a suspected breach of planning control. The information provided is used to decide whether further action is required. Failure to reply to the notice can lead to a fine of up to £1,000 upon conviction.

  • Breach of Condition Notice
    This requires an operator/landowner to comply with planning permission conditions which they have breached. There is no right of appeal and failure to comply could result in prosecution and a £1,000 fine for each offence.

  • Enforcement Notice
    This is used when a serious breach of planning control has occurred. The person served with the notice has 30 days to appeal against the notice. An appeal is heard by an independent Inspector. If the appeal is dismissed or no appeal is made then failure to comply with the requirements of the notice will usually result in prosecution and the maximum fine is £20,000 for each offence.

  • Stop Notice
    A stop notice is issued with an enforcement notice to require a particularly harmful activity e.g. waste disposal, to cease. There is no right of appeal but if an enforcement notice appeal is made then the merits of the stop notice may be considered. Non compliance with a stop notice is an offence which carries a maximum fine of £20,000.

  • Injunction
    This is sought in the County or High Court to restrain persons from carrying out or continuing to breach planning controls. The contravention of an Injunction Order is a Contempt of Court and the Court can levy an unlimited fine or impose a custodial sentence.

  • Direct Action
    As a last resort if a person continues to or cannot comply with the requirements of a notice the County Council can enter the land and undertake works in compliance with a notice. The cost would then be charged to the landowner, but in many cases would have to be borne by the Council at least in the short term.

Back to top

2: What incidents are the County Council interested in?

If you suspect that the following planning breaches or any others may be occurring please contact us with information such as vehicle markings and registration and the times the activities occurred. We can also accept formal complaints online.

  • Unauthorised Developments
  • Tipping of waste on land (not fly tipping)
  • Extraction of minerals
  • Storage and sorting of waste, e.g. the storage of skips loaded with waste
  • Breaches of Planning Conditions
  • Sites operating outside of permitted times
  • Lorries depositing mud on roads when they leave a site
  • Tipping of waste above the approved levels
  • Sites not being properly restored

You can also contact your Parish or District Council or local Councillor who will pass your comments onto the County Council.

Back to top

3: Will my identity be kept confidential?

The identity of complainants will always be confidential unless the circumstances of the case make confidentiality impossible.

Back to top