Back to top of page...
Introduction
The Planning Enforcement section work as part of the Planning Department to monitor and control unauthorised development. Appropriate enforcement action is taken by the team to remedy breaches of development control. The work is necessary to prevent unauthorised development having an adverse effect on its immediate surroundings and the town in general.
Back to top of page...
About Planning Enforcement
The Planning Enforcement section investigates cases where development has taken place without correct planning permission, or where conditions of a planning permission have not been followed. In other words where a breach of planning control has taken place.
Most complaints about breaches of planning control come to the department from the general public, but also from councillors, businesses, and community groups or are noted by planning officers themselves.
All complaints are responded to after being carefully prioritised.
The first response to a breach of planning control is to work with the occupier or owner to persuade them to make a planning application or cease work outside of planning conditions.
Where this is not possible, enforcement action may be taken. Such action involves a range of measures including issuing of Enforcement Notices, Breach of Conditions Notices and Stop Notices.
The department also takes enforcement action under section 215 of the Town and Country Planning Act 1990 in dealing with run-down and derelict buildings.
Please contact us if you think that development is taking place without planning permission or outside its conditions, or you wish to report a run-down and derelict building.
Back to top of page...
Enforcement Notices
Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission.
The notice states what the breach of planning control is, the necessary steps to remedy and the time period for compliance. Failure to comply with an Enforcement Notice makes the recipient liable for prosecution. The maximum fine for non-compliance with a valid Enforcement Notice is £20,000. There is a right to appeal Enforcement Notices through the Secretary of State.
View Enforcement Notices case information held on our database, together with associated Enforcement Notices.
Back to top of page...
Stop Notices
Issued where unauthorised works are proceeding, a Stop Notice requires that work or use be immediately stopped. Stop Notices are issued in extreme circumstances in conjunction with an Enforcement Notice, requiring that all unauthorised activities cease before the Enforcement Notice becomes fully effective.
View Stop Notices case information held on our database, together with associated Stop Notices.
Back to top of page...
Breach of Conditions Notices
Where planning permission has been issued subject to conditions or limitations, a Breach of Conditions Notice may be issued if any of the conditions or limitations are not complied with.
These notices offer a quicker means to remedy an undesirable situation and a failure to comply can lead to immediate prosecution without the right of appeal.
View Breach of Condition Notice case information held on our database, together with associated Breach of Condition Notices.
Back to top of page...
Section 215 Notices
Section 215 of the Town and Country Act 1990 is a piece of legislation that allows us to take enforcement action where the poor condition of a building or piece of land is considered to be adversely affecting its surroundings. Our team use those powers to their fullest potential to force property owners to make significant and swift improvements to property.
The Planning Enforcement team have earned the name ‘Grotbusters’ thanks to their work in this area, and the contribution they have made to the regeneration programme. Noticeable improvements have been made to many buildings in Hastings and St Leonards using Section 215 Notices.
For more information about the work of our Planning Enforcement team and Section 215 of the Town and Country Planning Act, download our Information Sheet below:
View Section 215 Notices case information held on our database, together with associated Section 215 Notices.
Back to top of page...
Certificates of Lawfulness
In certain circumstances, where development has been previously undertaken without the benefit of a formal planning permission and no action has been taken within a specified period (either 4 or 10 years depending on the form of development), an application can be made for a Lawful Use or Development Certificate. If granted the unauthorised use or development becomes exempt from enforcement action.
A Certificate of Lawfulness can be applied for in the following circumstances:
- Where a building has been in use for a particular purpose for ten years (or four years for single dwellings) or more without appropriate planning permission.
- Where an unauthorised building or buildings has been in existence for four years or more with no action being taken.
The applicant must provide evidence that the use has been continuous and if satisfied we will issue a certificate. The Certificate of Lawfulness confirms that the use or development is lawful, and therefore prevents enforcement action being taken. For more information contact Planning Services.
Back to top of page...
Contact Information
Please contact us for further advice on any matter relating to Planning Enforcement.
