Powers available to the local planning authority

When the Council is unable to use negotiation to resolve breaches of planning control, the Council will consider instigating formal legal proceedings. This could result in one or more of the actions set out below being pursued, dependant on the type of breach.

Planning Contravention Notice (PCN) 

The main purpose of a PCN is to gather initial information so that the Authority can establish whether there is a prima facie case for taking Enforcement Action.

It is an offence if the recipient of the notice fails to provide the required information. If convicted of such an offence the offender would be liable on conviction to a fine currently not exceeding £1,000. The same penalty applies when there is a continuing failure to provide the required information.

If the recipient knowingly or recklessly makes a false statement, this is also an offence which if convicted carries an unlimited fine.

Enforcement notice

This is the most common form of notice used to deal with unauthorised development, operations and/or uses. Before such action is embarked upon the Authority must be satisfied that it is expedient to issue the notice having regard to the nature of the unauthorised development and in the light of Government guidance.

An Enforcement Notice will specify the alleged breach, the steps that must be taken to remedy the breach, and a time period in which to comply.

The recipient of the notice has a right of appeal to the Secretary of State.

If any person is subsequently found to be in breach of an Enforcement Notice, the Council will consider whether to prosecute. If found guilty in any court hearing that person would be liable on conviction in the Magistrates Courts to an unlimited fine.

The case can also be heard by the Crown Court, where the fine is also unlimited.

Enforcement Notices are an effective means of enforcement but, with the right of appeal, can be a lengthy process.

Breach of condition notice (BCN)

This type of notice can only be used where planning consent has been granted subject to conditions.

The Authority can issue a BCN to ensure full or part compliance with planning conditions. As with the Enforcement Notice a BCN would specify the breach and steps required to secure compliance with the notice. Unlike the Enforcement Notice a BCN must allow a minimum of 28 days in which to comply with the requirements. There are no rights of appeal against a BCN.

If any person is found to be in breach of a valid BCN, they shall be guilty of an offence with a maximum fine currently not exceeding £2,500 on conviction. A person may be convicted of a second, or subsequent, offence if they are fined but still fail to comply with the notice.

Injunction

Where the Authority considers a breach of planning control to be a serious and immediate risk to health and safety, or necessary in terms of expediency, it may apply to the County or High Court for an Injunction. County Court application are normally quicker and less time consuming. However High Court Judges have more experience and would normally deal with the application without the need for any adjournments.

This can be extremely expensive, but can be effective in appropriate circumstances. Failure to comply with an injunction order granted by the court amounts to contempt of court in relation to which a prison sentence can be imposed by the court.

Discontinuance notice (advertisements) 

If the Local Planning Authority considered that an advertisement is causing significant threat to amenity or public safety, a Discontinuance Notice can be issued. This can only apply to advertisements displayed with deemed consent.

A Discontinuance Notice will specify which advertisements or site is subject to the notice, outline the period within which the display or use must stop and explain reasoning for the issuing of the notice. There is a right of appeal to the Secretary of State against a discontinuance notice, before the date it comes into effect

It is a criminal offence to display an advertisement in contravention of the Regulations which is punishable with a fine of up to £2,500. In the case of a continuing offence, up to £250 per day for each day the offence continues after the first conviction.

Default action 

Where there has been a failure to comply with an enforcement notice which has taken effect, the Council is empowered to take direct or default action to remedy the breach of planning control set out in the notice. This action may involve the use of contractors to enter a site and physically remove or rectify any unauthorised building work.

In such cases, the council will seek to recover our costs, possibly in the form of a charge on the land, which is recoverable at the time of any future sale of the land or property.

Stop notice

The Authority can, when expedient to do so, serve a Stop Notice requiring activities to cease immediately (within 3 days of service). Such a notice can only follow the service of an Enforcement Notice. There are limitations on the service of this notice and additionally, compensation may be payable by the Authority in some circumstances if the recipient makes a successful challenge on the legal grounds of appeal (that the breach has not occurred or does not amount to a breach of planning control or has acquired immunity due to the expiration of the time limits detailed above). It is used very selectively and it is not necessarily an instant solution. Failure to comply with a stop notice is a criminal offence for which the fine is unlimited in the magistrates court.

Temporary stop notice

This is similar to a stop notice but takes effect immediately on service. However, the notice is only effective for 28 days and lapses thereafter. Unlike a normal stop notice a TSN can be served without prior service of an enforcement notice. Failure to comply with a TSN is a criminal offence for which the fine is unlimited in the magistrates court.

Section 215 Notice (untidy land)

The condition of certain buildings or land often causes serious harm to the visual amenity of an area. Should the Local Planning Authority consider it appropriate to do so they may serve on the owner and occupier a Notice under Section 215 of the Town and Country Planning Act, 1990.

Such a notice would require steps for remedying the condition of the land or buildings and specify a period of time for complying but in any event not less than 28 days. This Notice can be appealed via a magistrates hearing.

If any person is subsequently found guilty of an offence of not complying with the requirements of a 215 Notice they shall be liable on conviction to a fine currently not exceeding £1,000. The Council can also take direct action in default of compliance with a section 215 notice which has taken effect.

Please note that all information and figures on fines are correct as of July 2022 and are subject to change.