What will my council do about unauthorised development?
Our 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 to stop the work they are doing.
Where we are unsuccessful, enforcement action will be taken including the issuing of Enforcement Notices, Breach of Conditions Notices and Stop Notices.
Our enforcement team also take action under section 215 of the Town and Country Planning Act 1990 to deal 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.
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.
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.
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.
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.
Our 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 the Information Sheet:
Planning Enforcement Information Sheet
View Section 215 Notices case information together with associated Section 215 Notices.
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.
- Report a breach of planning control
- Report a run down or derelict building
- Planning Enforcement Policy
Got a question about planning?01424 451090
CommentsThe content on this page is the responsibility of our Planning team.