Planning Enforcement

Introduction

The Council’s Planning Enforcement Team investigates allegations of unauthorised development. The majority of complaints that are received are concerned with, amongst others, building work and material changes of use of buildings and land.

Furthermore, the Enforcement Team will also investigate complaints of other potential breaches of planning control, such as works to protected trees and hedgerows, works to listed buildings, unauthorised display of advertisements, unauthorised demolitions and untidy land.

It must be pointed out that not all development requires the benefit of planning permission from the local planning authority. Advice on whether development requires permission can be found within the planning pages.

Moreover, the Planning Enforcement Team also endeavours to have a pro-active approach in monitoring development that has been granted planning permission to ensure compliance with the approved plans and conditions through routine checks of planning records and monitors compliance with legal agreements secured through the planning application process.

The Planning Enforcement Team also consider complaints about High Hedges that are submitted under the provisions of Part 8 of the Anti-Social Behaviour Act 2000. If you are concerned about such matters, please follow the link to the appropriate part of this website – High Hedges (Part 8 of the Anti-social Behaviour Act 2003)

Planning Enforcement is part of the Councils Regulatory Services Team, which includes Development Control, Building Control, Environmental Health, Licensing and Conservation. A handbook guide to the work of the Regulatory Services Team can be downloaded here.

What Happens if I Complain?

Any reports and allegations of breaches of control remain confidential and the person reporting the breach will be kept informed as to how investigations are progressing and what courses of action are taken.  The Planning Enforcement Process Leaflet explains the enforcement process that is followed when investigating an allegation of a breach of planning control.

Some complaints that are received may also require input from other departments and bodies, such as Environmental Health, Building Control etc. and outside bodies such as Highways Authority, Environment Agency etc. Where such complaints are received, the Enforcement Team will liase with them. In some instances a complaint is not identified as a breach of planning control, but a breach of other legislation and we may ask you to direct your complaint to them.

The integrity of the Development Control process depends upon the Local Planning Authority's readiness to take effective enforcement action where it is deemed absolutely necessary. The public acceptance of the Development Control process is quickly undermined if unauthorised development, which is unacceptable in planning terms, is allowed to proceed without any apparent action by the LPA to intervene before serious harm to amenity results. Any enforcement action must not be based on any irrational factors or be taken without consideration of the relevant facts and planning issues. Nor should it be based on non-planning grounds.

All complaints relating to alleged unauthorised development are investigated by one of our two enforcement officers.

All concerns are treated in confidence but we may need to contact you for further information and to discuss your concerns. This will assist our investigations so please do not make anonymous complaints.

It is preferred that all complaints are received in writing. You can use the complaints form by clicking on the link. This can be emailled to planningenforcement@melton.gov.uk or sent by post to the address on the form.

What Happens if a Breach is Identified?

In the majority of cases where a breach of planning control is identified, it would be usual to invite the developer to submit an application to regularise the matter. The process for determining a planning application can be found within the Planning section of this website. On occasion, where a breach is identified which has a serious harm, immediate enforcement action may be taken.

If the Local Planning Authority invites the submission of an application to regularise a breach of planning control, there may be a need for consultation on an application with members of the public, Parish Councils and other statutory and non-statutory bodies. The fact that a breach has occurred is not in itself a material consideration nor should it be used as a reason for refusing an application for retrospective permission.

If an application to regularise an unauthorised development is not submitted, or a developer fails to remedy the breach and the unauthorised development remains, the Council will have to consider whether formal action is necessary. Enforcement action must always be commensurate with the breach of planning control to which it relates. For example, it is usually inappropriate to take formal enforcement action against a minor or technical breach of control that causes no harm to amenity in the locality of the site. Similarly, where planning permission would have been granted had the landowner applied for it first, there is unlikely to be any reason to take formal enforcement action. Accordingly, enforcement action is not always taken, even where a breach of planning control is identified and the developer fails to regularise it. 

Taking Enforcement Action

The statutory provision for planning enforcement action is contained in the Town and Country Planning Act 1990 and the Listed Buildings and Conservation Areas Act 1991. Section 54A of the 1990 Act requires that Local Authorities determine planning matters in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. The consideration of the planning merits of any identified unauthorised development and any decision to consider enforcement action by the borough council would not be prejudiced by the development having commenced. Whilst any breach of planning control is to be regretted, it should be noted that most breaches are not an offence in their own right. Any developer who proceeds with development without the necessary permission must understand that they do so at their own risk and the fact that development has commenced would not result in a presumption that retrospective permission would be granted after the event.

Enforcement Notice Registers

The registers of Enforcement Notices and Breach of Condition Notices can be viewed by clicking on the appropriate links.