Planning Enforcement Frequently Asked Questions

Any person who has an enforcement notice served on them has the right of appeal to the Planning Inspectorate. The Planning Inspectorate is an independent body based in Bristol. Their main work is the processing of planning and enforcement appeals and other varied casework, including listed building consent appeals, advertisement appeals, and reporting on planning applications called in for decision by the Department for Communities and Local Government.
An inspector from the Planning Inspectorate will look into the case and decide whether the enforcement notice should be quashed or upheld.

If the notice is quashed, then the Council can take no further action. The Inspector may, in some circumstances, grant planning permission for the activity that was the subject of the notice.  If the notice is upheld, then the person must carry out the requirements of the notice, or risk prosecution. Sometimes the Inspector will vary the enforcement notice, for example to allow a longer time to comply with the notice.

If a person does exercise their right of appeal, then the enforcement notice does not take effect whilst the appeal is being considered. During this time, which may be several months, the Council cannot prosecute for failure to comply with the requirements of the notice. Any person who has a Section 215 Notice served on them has a right of appeal to the Magistrate's Court, on certain grounds.

For further advice on such an appeal, please contact your solicitor or a planning agent. There is no right of appeal against a breach of condition notice and you will risk prosecution if you do not comply with it. The reason for this is that there is a right of appeal against the original imposition of a condition on a planning application.

The contravention of an injunction is contempt of court and the court can levy an unlimited fine or impose a custodial sentence .

  1. What is Planning Enforcement?
  2. What is a breach of planning control?
  3. What is the purpose of the Enforcement Policy?
  4. What are the Council’s Enforcement Priorities?
  5. Can anyone make a complaint? Who can make a complaint?
  6. What do I need to make a complaint?
  7. What happens if a Planning Enforcement complaint is made against my property?
  8. What happens when an enforcement notice is served?
  9. What happens if an enforcement notice is not complied with?
  10. Can I appeal against the Council’s Planning Enforcement decision?
  11. I have received a letter from the Council saying that I am under investigation following a complaint alleging a breach of Planning legislation. Can you tell me who made the complaint?
  12. What can the Council do about untidy land?
  13. What happens if I report something to Planning Enforcement? What is the enforcement process? What can you expect from Council?
  14. What is a Retrospective Application?
  15. How long does an investigation take to complete?
  16. How do I report someone using his or her own home to run a business?
  17. I believe that a development is not being carried out in accordance with the approved plans. Who should I report this to?
  18. I am aware of work being carried out that does not have Planning permission. Who should I report this to?

Contact Information:

By telephone: 01628 683 810

By post: Planning Enforcement, York Stream House, St Ives Road, Maidenhead, SL6 1QS

Online: Enforcement Complaints on-line form.

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