My Erewash account

1. INTRODUCTION

1.1 This document forms the council’s plan specifically in respect of its Planning Enforcement function. It sets out the operational and decision-making framework for how the Council will investigate reports of alleged unauthorised development and how the Council will seek to resolve breaches of planning control within the Borough.

1.2 The Plan has been produced having regard to the council’s corporate Enforcement Policy (see Appendix 1) to reflect the council’s commitment to openness, transparency, proportionality, helpfulness, accountability and consistency. It recognises that the key to ensuring these principles are implemented corporately is close working relationships between all regulatory functions.

2. OVERVIEW OF PLANNING ENFORCEMENT

1.1 A successful planning enforcement service can create a better place for those living, learning, visiting and working within the Borough. Effective planning enforcement can also engender public confidence and maintain the integrity of the development management process by ensuring that development is being implemented in accordance with the relevant planning permissions.

1.2 The enforcement of planning control is a discretionary function. In every case, the council must decide whether in planning terms it is expedient and in the public interest to take or not to take enforcement action in respect of a breach of planning control. It is not the role of the council to protect the private interests of one party against those of another. Nor is it the role of planning enforcement to act punitively against breaches of planning control which do not significantly and demonstrably harm the environment, residential amenity and/or public safety. The council must also ensure that decisions to take or not to take action in respect of breaches of planning control are proportionate.

1.3 Planning enforcement is a technically and legally complex component of the planning system, which means that action is not always as straightforward as it may first seem. The legislation is often qualified by Court judgements and appeal decisions made by the Secretary of State for Levelling Up, Housing, and Communities. The council will operate within the provision of this legislation, case law and other Government policy and have regard to relevant guidance. Details of relevant legislation can be accessed through various sources, for example at a local library, by speaking to the council’s Planning Enforcement Officer, or online using web sites such as the Planning Portal (www.planningportal.gov.uk) or the Government website www.gov.uk.

1.4 In deciding whether it is expedient to take enforcement action the council will also give consideration to the objectives and policies of the adopted Local Development Plan and the National Planning Policy Framework (NPPF). You can view the NPPF online at www.gov.uk. You can view our Local Development Plan on the council’s website.

1.5 Each enforcement case will be dealt with on its own merits taking into account the often unique circumstances, including the level of harm created and any history of previous breaches. The council’s resources are not limitless and it is therefore necessary to target available resources to have maximum effect and not necessarily as a response to who is complaining or how vociferously. Breaches causing little or no harm will receive a lower priority and take more time to be resolved. Some types of complaint will not be investigated. Enforcement action will not be taken simply because development or works have commenced without the necessary approval. Guidance on how cases will be prioritised is given below at Section 4

1.6 The council’s assessment of ‘harm’ cannot include private interests, such as potential loss of value to someone’s property, commercial competition, loss of a view, trespass or breach of covenant. In some situations works or developments are done in ignorance rather than intentionally and the person responsible will first be given an opportunity to remedy the situation. The council will always try to resolve breaches through negotiation first unless significant and irreparable harm is being caused.

1.7 The council will not tolerate any of its staff being threatened with or subjected to physical or verbal abuse, intimidation or harassment in the course of carrying out their official duties and will take appropriate action where necessary.

2. BREACHES OF PLANNING CONTROL

The meaning of “development”?

2.1 The council as the Local Planning Authority is only concerned with the “development" of land as defined by Section 55 of the Town and Country Planning Act 1990. In general terms there are two types of “development”:

• Operational development (building or engineering works); and
• Material change of use (changing from one use to another, such as residential to business).

2.2 “Development” is not:

• Works which affect only the interior of a building; or
• Works which do not materially affect the external appearance of a building.

If "development" has not occurred then there can be no breach of planning control and no further action is available to the council under its planning powers. Therefore: No development = No breach = No action.

2.3 Where development has occurred then it can be permitted by one of two ways:

• “Deemed Permission” granted under the Town and Country Planning (General Permitted Development) (England) Order 2015 known as “Permitted Development”. Some permissions under this Order are subject to limitations and conditions. Provided the development falls within the terms of the Order, planning permission is not required from the council and no further action can be taken.
• “Express Planning Permission” (full or outline) granted following the submission of a planning application to the council. Conditions controlling the development can be imposed on the planning consent.

What is a breach of planning control?

2.4 The following are some general examples of breaches of planning control. The list is not exhaustive:

• Carrying out certain building works without the required planning permission;
• Carrying out certain changes of use of land or buildings without the required planning permission;
• Failing to comply with the requirements of a condition attached to a planning permission;
• Carrying out works (including demolition) to a listed building without the relevant consent;
• Carrying out certain demolition work in a Conservation Area without relevant consent;
• Displaying certain signs or advertisements without the relevant consent;
• Carrying out felling or lopping of a tree that is the subject of a Tree Preservation Order, or protected by virtue of being within a Conservation Area, without the relevant consent.

2.5 Developers may seek to regularise breaches of planning control through the submission of a retrospective planning application for the unauthorised development. In circumstances where a breach is considered not to cause significant harm, or the harm could be controlled by conditions, a retrospective application will be welcomed and may be requested. The council will normally expect such an application to be submitted within 28 days of such a request. It is normally in the interests of a person to seek to regularise a breach of planning control as soon as possible. However, Government guidance specifically advises against the use of enforcement powers purely to regularise technical breaches of planning controls relating to appropriate development.

2.6 In assessing the need for enforcement action the council must bear in mind that it is not a criminal offence to carry out development without first obtaining the planning permission required for it. However, this does not apply to the following works which do carry an immediate criminal liability that can be subject to high penalties:

• Unauthorised works to a Listed Building;
• Unauthorised advertisements;
• Unauthorised demolition of an unlisted building in a Conservation Area;
• Unauthorised works to protected trees;
• Unauthorised works to trees in Conservation Areas.

Immunity from enforcement action

2.7 A breach of planning control becomes immune from enforcement action if no action has been taken within certain time limits set out in the Town and Country Planning Act.

2.8 In essence, if operational development (i.e. building works) took place more than 4 years ago or a change of use of land or buildings took place more than 10 years ago, then such development becomes immune from any planning enforcement. There is, however, no time limit for the enforcement of breaches in relation to Listed Building legislation.

2.9 In cases where the development may be immune from planning enforcement action a Certificate of Lawfulness of Existing Use or Development can be applied for. The onus is on the applicant to demonstrate through the submission of evidence such as sworn statements, photographs, receipts etc that the development is lawful. The evidential test that will be applied to this information is “on the balance of probability”. The planning merits of the case do not fall to be considered.

2.10 Certificates granted for an existing use, operation or activity will set out the precise nature of the use, operation or activity which is certified as lawful. The Certificate does not protect against the council taking enforcement action if the use ‘materially’ changes without the benefit of a planning permission for that change.

Concealment of breaches of planning control

2.11 Where it appears that a person has deliberately attempted to conceal a breach of planning control in order to achieve immunity from enforcement action over time, the council may apply to the Magistrates’ Court for a “Planning Enforcement Order” in respect of the breach. If granted, the Order allows the council up to a year to take enforcement action against the apparent breach. Such circumstances are normally very rare and the council must be satisfied that there has been a deliberate attempt to conceal the breach of planning control.

Matters that are not breaches of planning control

2.12 Planning enforcement operates to protect the public interest rather than the interests of one particular individual. There are certain private “civil matters” that are not breaches of planning control. These include:

• Breaches of restrictive covenants;
• Competition with other businesses;
• Loss of value to land or property;
• Trespass or boundary disputes;
• Disputes that relate to damage to land or property.
• Matters associated with private access rights

2.13 It is also not appropriate to pursue through planning enforcement a matter that is subject to other legislative controls. Such matters will be passed on to the relevant body to consider. These include:

• Use of or development on highways, pavements or grass verges.
• Dangerous structures.
• Nuisance caused by odour, noise, light or vermin.
• Fly tipping.

2.14 Given the finite resources available for planning enforcement, and the priority given to urgent and significant matters, the following will not normally be considered appropriate for planning enforcement action:

• Overgrown or untidy gardens/land.
• Neighbour disputes where there is no significant impact on amenity.
• The enforcement of planning conditions where the requirements of the conditions are no longer considered to be relevant or necessary in light of the impact being caused.

3. REPORTING A BREACH OF PLANNING CONTROL

3.1 To report a breach you should use the online planning enforcement form.

Alternatively you can send an email directly to This email address is being protected from spambots. You need JavaScript enabled to view it. or write to the postal address below:
Planning Enforcement
Development Management
Erewash Borough Council
Town Hall
Long Eaton
NG10 1HU

3.2 For urgent matters (for example works to a listed building or protected trees), you can contact the Duty Planning Officer on 0115 9072244.

3.3 The council will require as much information as possible in order to carry out its investigations and also to help keep complainants informed of what action it is taking. This information should include;

• Full address or location of the site where the alleged breach is taking place.
• Details of the nature of the alleged breach and the planning harm caused.
• If relevant, specific examples with dates and times to substantiate your enquiry.
• Name (if known) and status of the person(s) involved (for example owner / tenant / occupier / contractor / worker).
• Date when activities first began and if they are ongoing.
• If the enquiry relates to a change of use of land, state the previous use of the site.
• Your full name, postal address and contact details, including telephone number MUST be included with your enquiry and where possible an email address. Where an email address is provided we will generally use this to keep you informed of progress. The Planning Enforcement Officer does not investigate anonymous enquiries. For more information explaining how we protect and use your information please see our Privacy Notice

3.4 The council will seek to maintain the confidentiality of complainants at all times and will not reveal the identity of the complainants, or information which is likely to reveal the identity of a complainant, unless required to do so by law.  

3.5 The substance of the enforcement enquiries themselves is not confidential. In some cases it may be necessary to rely on evidence from complainants in order to take action and you will need to consider whether you are willing to actively assist the council by collecting evidence and potentially acting as a witness at an appeal or in Court. The council's Planning Enforcement Officer will explain what may be required in these cases. Once a breach of control has been established, you may be asked to make a note of your observations and keep a log of any relevant activities. It is particularly useful to note times, dates, names, addresses, telephone numbers and registration details of any vehicles involved.

4. PRIORITISING ENFORCEMENT CASES

4.1 The Planning Enforcement Officer receives approximately 600 enforcement cases a year relating to alleged breaches of planning control. Many of these are subsequently found not to be breaches at all. Others range from small-scale breaches to more serious breaches that potentially have a significant impact on the environment, residential amenity or public safety.

4.2 Planning enforcement investigations can often be lengthy and complex in nature. In order to help the council progress enquiries as quickly and efficiently as possible, priority will be given to those cases where the greatest harm is being caused.

4.3 Prioritisation of cases will be taken on the basis of the following list. This list is for general guidance and is not exhaustive:

Priority 1 (Urgent)

• Development causing serious permanent damage to the environment where works are potentially irreversible. Examples:
• Unauthorised works to a listed building;
• Unauthorised demolition of a building in a Conservation Area
• Works to trees protected by a Tree Preservation Order or in a Conservation Area;
• Unauthorised engineering / construction works on land designated for its importance to wildlife;
• Breaches of Stop Notices.

Priority 2 (Significant Harm)

• Development causing a significant and continued harm to amenity, or development that compromises public safety. Examples:
• Large scale unauthorised engineering / construction works causing significant harm to the amenity of a town or village;
• Large scale unauthorised engineering / construction works in the countryside;
• Unauthorised vehicle accesses causing significant risk to highway safety.
• Breaches of Enforcement Notices

Priority 3 (Moderate Harm)

• Development causing a limited and reversible degree of disturbance to local residents or damage to the environment. Examples:
• Small scale unauthorised engineering/construction works causing harm to public amenity;
• Changes of use causing harm to public amenity;
• Development contrary to the Local Development Plan.

Priority 4 (Low Harm)

• Development causing low harm to public amenity or harm to immediate neighbours only.
• Display of illegal advertisements not causing significant harm to amenity or public safety;
• Unauthorised changes of use of shops to other commercial uses
• Householder development not prominent from the public highway, including fences, sheds, outbuildings and extensions;
• Ancillary uses in homes, including homeworking

4.4 When an enforcement enquiry is first received it will be assigned a priority depending upon the nature of the alleged breach. This initial assessment will be based upon the extent of the information provided at the time and the likely harm that is identified.

4.5 Cases will be kept under review which could result in the initial priority assigned to the investigation changing, for example after an initial site visit has been carried out and the officer has had the opportunity of assessing the extent of the development taking place.

4.6 Each case will be considered on its own merits. Any ‘retrospective’ planning application submitted as part of the rectification process will not be treated any differently from an application made in advance of the works being carried out.

5. DEALING WITH ENFORCEMENT CASES

5.1 The flow chart at Appendix 2 outlines the planning enforcement process in general terms. As enforcement investigations can be a lengthy and legally complex process, it is not possible to assign timescales for resolving an enforcement enquiry. The time taken for a satisfactory resolution can vary considerably from one enquiry to another. However, in terms of the initial stages of the investigation the basic process that is followed remains the same in each case.

5.2 When an enforcement enquiry is received it will be given a unique reference number and assigned a priority. All enforcement cases will be acknowledged in writing (where postal or e-mail address have been provided) and the complainant will be given the name and contact details of the case officer.

5.3 Once the case has been registered, the officer will normally carry out an initial site visit to establish the exact nature of the alleged breach.  The case officer will endeavour to visit the site as soon as is practicable having regard to the priority of the case (see table 1 below).

Table 1 – Initial site visit targets

Priority	Visit target
Priority 1	Within 2 working days
Priority 2	Within 15 working days
Priority 3	Within 30 working days
Priority 4	Within 60 working days

5.4 The initial site visit will normally be unannounced and photographs may be taken. Officers have powers of entry onto land in order to gain information relating to a breach of planning control, though in the case of a dwelling house a notice period of 24 hours is required before entry can be gained.

5.5 When establishing whether or not a breach of planning control has occurred the case officer may use a variety of investigative techniques which can include carrying out detailed site measurements, taking photographs, monitoring activity, researching council and other agency records and obtaining information from people such as neighbours, borough councillors and parish councils.

5.6 The case officer will endeavour to update the complainant within 20 working days of conducting the initial site visit to advise whether a breach of planning control has occurred.

5.7  Although some breaches of planning control are apparent upon the initial site visit, other breaches can be more difficult to establish and the investigation may take longer. In these circumstances, the council may use its powers to require information to be provided that is necessary to establish whether a breach has occurred.  

5.8  There are a variety of possible outcomes to an investigation into an alleged breach of planning control, including:

• No breach of planning control established – No further action/refer matter to appropriate agency.
• Breach established but regularised following cessation/removal of development or retrospective planning permission given – No further action
• Breach established but formal action not expedient – No further action.
• Breach established and formal action is expedient – see Appendix 3 for details of the range of enforcement powers.

5.9  The council will aim to make a decision about the possible outcome of a case as soon as possible after receiving the enquiry. However, the time taken to resolve cases will be dependent on the complexity of the case and the ability to gather evidence of any alleged breach, resources available and the workload of the Planning Enforcement Officer.

5.10 The council will endeavour to notify all complainants either in writing, by email or by telephone of the outcome of their enquiry within 10 working days of the decision being made.

6. WHAT TO DO IF AN ENQUIRY IS MADE ABOUT YOUR DEVELOPMENT

6.1 In many cases development in breach of planning control is not intentional and can be the result of a misunderstanding of the planning regulations or a person being unaware of their requirements. Therefore if you receive a letter or a visit from the Planning Enforcement Officer you will be encouraged to respond positively and provide the information which we need to resolve the matter. It is important that you do not delay as it is normally beneficial to all parties if any breach is addressed at an early stage.

6.2 The council will investigate alleged breaches of planning control even if they prove to be unfounded. We will not disclose the identity of the complainant to you. It may be that the matter can be resolved quickly if there is no breach. In other cases a resolution may need to be negotiated, however this does not mean that you should delay any response or action that is requested by the council. We expect you to respond within the stated timescales and we will pursue prosecutions for non-responses to formal Notices.

6.3 The council will seek to avoid long drawn out negotiations intended to hold the council back from taking formal action. In many cases, particularly where the works are likely to be acceptable, you may be invited to submit a retrospective planning application without prejudice to any future decision the council may take. In cases where pre-commencement conditions have not been discharged, you may still be able to apply to discharge the condition providing the permission has not lapsed. Alternatively you may need to submit a new planning application.

6.4 You should be aware that development which requires, but does not have planning permission, is unauthorised. If you subsequently wish to sell a property which has been subject to unauthorised works or a change of use, you may find the sale is delayed or lost when would-be purchasers carry out searches. You should also be aware that the council usually makes mortgage providers aware of breaches of planning permission and will send them a copy of any formal notice or decision about planning enforcement.

6.5 You should be aware that the Planning Enforcement Officer has legal rights of entry to land and property in order to investigate an alleged breach of planning control or compliance with an enforcement notice. Where possible, the Planning Enforcement Officer will make themselves known to the landowner/developer when they enter a site. It is not always appropriate or possible to give advance warning of a site visit.

6.6 The Planning Enforcement Officer's visit may be unaccompanied; you do not have to be present. If it is necessary to enter your house, (as opposed to just the garden) you are entitled to a minimum of 24 hours’ notice although more notice will be given if appropriate. If you actively prevent the Planning Enforcement Officer from entering onto your land the council may obtain a warrant to enter the site.

6.7 Officers will use the information obtained from a site visit to establish if a breach of planning control has occurred, assess the harm being caused and determine what (if any) further action the council may need to take. Allowing the Enforcement Officer to make a site visit and take photographs will help to reduce time delays and any potential inconvenience.

6.8 If you are served with an Enforcement Notice, the case officer will be happy to explain the meaning and to help you understand the implications. However, in these circumstances it is strongly advised you also seek independent legal advice. Furthermore, the Enforcement Officer will not act as your advisor and cannot make decisions on your behalf. You should consider whether you wish to get your own independent advice from a qualified planning consultant or another appropriate property professional.

Appendix 1 – Corporate Enforcement Policy

Read the Corporate Enforcement Policy

Appendix 2 – Enforcement Process Flow Chart

 

Appendix 3 - Summary of enforcement powers available to Local Planning Authority

This Appendix contains a summary of the main powers available to investigate enforcement enquiries and deal with breaches of planning control. In each individual case the council must assess which action or combination of actions is best suited to dealing with the particular breach of planning control in order to achieve a satisfactory and cost effective remedy. Any enforcement action should always be commensurate with the breach of control to which it relates and be in the public interest.

Requests for Information

a) Planning Contravention Notice (PCN)

This can often be the first formal step in resolving a breach of planning control. It is the main method for gathering further information regarding suspected breaches of planning control. The intention of a PCN is also to send a clear warning that further formal action is being considered once the facts of the case have been established.

b) Notice under Section 330 of the Town and Country Planning Act 1990

This power is also used to obtain information but usually in cases where the

council has sufficient details about the activities being carried out but requires further information concerning ownership. It involves serving a formal notice on occupiers and/or persons with other interests in the premises or land.

For both of these notices it is an offence to fail to comply with the requirements of the notice within the period set for its return or to make false or misleading statements in reply. Conviction currently carries a fine up to £1,000.

Types of Notice

c) Enforcement Notice

This is the most common form of notice used to deal with a breach of planning control. It is served when the council is satisfied that there has been a breach of planning control and that it is expedient to take action. An Enforcement Notice will specify the breach, the steps that must be taken to remedy the breach, and a specified time period for compliance with the requirements of the notice.

An Enforcement Notice does not take effect until at least 28 days after being served to allow the recipient(s) time to lodge an appeal to the Secretary of State. An appeal stops the notice taking effect until the appeal is determined. If an appeal is lodged all complainants and immediate neighbours will be advised of the appeal and how to make representations to the Planning Inspectorate.

Failure to comply with an enforcement notice that has taken effect is a criminal offence which, on conviction in the Magistrates’ Court, can lead to a fine of up to £20,000 or an unlimited fine on conviction in the Crown Court.

d) Breach of Condition Notice (BCN)

Used as an alternative to an Enforcement Notice but only in circumstances where there has been a failure to comply with certain conditions placed on a planning permission. (It does not apply to breaches of control relating to listed buildings, advertisements or protected trees). A BCN will specify details of the breach and the steps required to secure compliance. Unlike an Enforcement Notice, there is no right of appeal against a BCN and it takes effect immediately. However, a minimum period of 28 days has to be given for compliance.

Failure to comply with the requirements of a BCN is a criminal offence which, on conviction in the Magistrates’ Court, can lead to a fine up to £2,500.

e) Stop Notice

Used following the serving of an Enforcement Notice when the effects of continued unauthorised activity are seriously detrimental to amenity, public safety or causing irreversible harm to the environment and immediate action is justified. This notice can be used to ensure that the activity does not continue during the time before the Enforcement Notice takes effect or when an appeal is lodged against the Enforcement Notice. Stop Notices are normally only used in exceptional circumstances and there are potential and significant compensation liabilities if the Enforcement Notice is quashed.

Failure to comply with the requirements of a stop notice is a criminal offence which, on conviction in the Magistrates’ Court, can lead to a fine up to £20,000 or an unlimited fine on conviction in the Crown Court.

f) Temporary Stop Notice (TSN)

As with Stop Notices, TSN’s are normally only used in exceptional circumstances. Unlike a Stop Notice however a TSN can be served without first having to serve an Enforcement Notice. However, such Notices can only seek cessation of activity for a period of 28 days and so will only be applied where the serious breach needs to be dealt with immediately and where the council needs time to consider whether an Enforcement Notice needs to be issued.

Failure to comply with the requirements of a temporary stop notice is also a criminal offence which, on conviction in the Magistrates’ Court, can lead to a fine up to £20,000 or an unlimited fine on conviction in the Crown Court.

g) Section 215 Notice

Under this section of the Town and Country Planning Act 1990, the council has the power to issue a notice on the owner or occupier of land if it appears that the amenity of the area is adversely affected by the condition it is being kept in. Such a notice may deal with buildings as well as land and would specify the steps required to remedy the existing condition and within what time scale. The recipient of a 215 Notice can appeal against it to the Magistrates’ Court.

Failure to comply with the notice is an offence which, on conviction in the Magistrates’ Court, can lead to a fine up to £1,000 on conviction. The council may also use default powers in such situations.

h) Listed Building Enforcement Notice

Under the Planning (Listed Buildings and Conservation Areas) Act 1990, the council has the power to issue a Listed Building Enforcement Notice where unauthorised works have been or are being carried out to the listed building without Listed Building Consent. As with a standard Enforcement Notice, a Listed Building Enforcement Notice will specify the nature of the unauthorised works, the steps that must be taken to restore the building to its former state or where this is not possible any further remedial works that are considered necessary. The notice will also specify the time period for compliance with the requirements of the notice and may specify different a time period for each different step that is required to be undertaken.

A Listed Building Enforcement Notice does not take effect until at least 28 days after being served to allow the recipient(s) time to lodge an appeal to the Secretary of State. An appeal stops the notice taking effect until the appeal is determined. If an appeal is lodged all complainants and immediate neighbours will be advised of the appeal and how to make representations to the Planning Inspectorate

Failure to comply with a Listed Building Enforcement Notice that has taken effect is a criminal offence which, on conviction in the Magistrates’ Court, can lead to a fine of up to £20,000 or an unlimited fine on conviction in the Crown Court.

i) Tree Replacement Notice

If a tree that is protected by a Tree Preservation Order is removed, uprooted or destroyed in contravention of the Order there is a duty on the landowner to plant a replacement tree of appropriate size and species in the same place. Where the landowner does not comply with this duty, the council has the power to serve a Tree Replacement Notice requiring them to plant a replacement tree or trees. The Notice will specify the species and size of tree or trees to be planted and also the time period for compliance.

A Tree Replacement Notice does not take effect until at least 28 days after being served to allow the recipient(s) time to lodge an appeal to the Secretary of State. An appeal stops the notice taking effect until the appeal is determined.

j) Discontinuance Notice

In certain exceptional circumstances to remedy a substantial injury to the amenity of the area or danger to members of the public, the council may serve a Discontinuance Notice in respect of an advertisement which is displayed with “deemed” consent or the use of a particular site for the display of advertisements with “deemed” consent. A Discontinuance Notice is served on the advertiser and will specify the advertisement in question, a statement of reasons why the council considers a substantial injury to the amenity or danger to the public has been caused, and the period within which the display of the advertisement shall be discontinued.

A Discontinuance Notice does not take effect until at least 8 weeks after being served to allow the recipient(s) time to lodge an appeal to the Secretary of State. An appeal stops the notice taking effect until the appeal is determined.

Other Enforcement Powers

k) Works in default powers

The council may enter land and carry out the required works to secure compliance when an Enforcement Notice, Section 215 Notice, Listed Building Enforcement Notice or Tree Replacement Notice has taken effect but has not been complied with. There is no requirement to give notice to either the owner or occupier of the land and anyone who wilfully obstructs the exercise of these powers is guilty of a criminal offence. The costs of the works are then recharged to the landowner.

l) Unauthorised works to a Listed Building prosecution

It is a criminal offence to demolish a listed building or to carry out works/alterations, which affect its character without the council’s prior written consent. It is also an offence to demolish unlisted buildings in Conservation Areas (with a cubic content in excess of 115cubic metres) without prior consent. Where such works have taken place without consent the council may prosecute anyone who is found to have executed the work or to have caused the work to be executed. 

The penalty on conviction in the Magistrates Court for this offence could be imprisonment for up to 6 months or a fine of up to £20,000 or both. The penalty on conviction in the Crown Court for this offence could be imprisonment for up to 2 years or an unlimited fine or both.

m) Unauthorised works to protected trees prosecution

It is a criminal offence to cut down, uproot, wilfully destroy or wilfully damage a tree protected by a Tree Preservation Order or in a Conservation Area. Consent from the council also has to be obtained for any remedial works to a protected tree such as lopping or pruning. Where such works have taken place without consent the council may prosecute anyone who is found to have carried out the work or anyone who has caused or permitted the work to be carried out. 

The penalty on conviction in the Magistrates Court for this offence could be a fine of up to £20,000. The penalty on conviction in the Crown Court for this offence could be an unlimited fine.

n) Illegal display of advertisements prosecution

It is a criminal offence for any person to display an advertisement in contravention of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

The penalty on conviction in the Magistrates Court for this offence could be a fine of up to £1000.

o) Injunctions

In exceptional cases where there is a necessary and serious need to restrain an actual or apprehended breach of planning control, the council can apply to the County Court or High Court for an injunction. An injunction can be sought whether or not other enforcement action(s) have been taken. Injunctive action can be very costly and is normally only considered as a last resort where other enforcement action is unlikely to resolve a breach.