Business planning and policy officers

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Business planning and policy officers

Addressing breaches of planning control without formal enforcement action can often be the quickest and most cost effective way of achieving a satisfactory and lasting remedy. For example, a breach of control may be the result of a genuine mistake where, once the breach is identified, the owner or occupier takes immediate action to remedy it.

Furthermore in some instances formal enforcement action may not be appropriate. It is advisable for the local planning authority to keep a record of any informal action taken, including a decision not to take further action Paragraph: Nothing in this guidance should be taken as condoning a wilful breach of planning law.

Enforcement action should, however, be proportionate to the breach of planning control to which it relates and taken when it is expedient to do so. Where the balance of public interest lies will vary from case to case.

In deciding, in each case, what is the most appropriate way forward, local planning authorities should usually avoid taking formal enforcement action where: A local planning authority can invite a retrospective application.

In circumstances where the local planning authority consider that an application is the appropriate way forward to regularise the situation, the owner or occupier of the land should be invited to submit their application section 73A of the Town and Country Planning Act without delay.

It is important to note that: A person who has undertaken unauthorised development has only one opportunity to obtain planning permission after the event. This can either be by means of a retrospective planning application under section 73A of the Town and Country Planning Act or by means of an appeal against an enforcement notice on ground that planning permission ought to be granted or the condition or limitation concerned ought be to discharged — this is referred to as a ground a appeal.

The local planning authority can decline to determine a retrospective planning application if an enforcement notice has previously been issued section 70C of the Town and Country Planning Act No appeal under ground a may be made if an enforcement notice is issued within the time allowed for determination of a retrospective planning application.

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Effective enforcement action relies on accurate information about an alleged breach of planning control. It is important to keep documentary evidence of any investigation. Where necessary, local planning authorities also have a range of investigative powers for planning enforcement purposes.

One option available is for the local planning authority to serve a planning contravention notice. A planning contravention notice may be issued under section C of the Town and Country Planning Act and can be used to do the following: MS Word Document, Request an accessible format.

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business planning and policy officers

A planning contravention notice may only be served when it appears to the local planning authority that a breach of planning control may have occurred and they want to find out more information before deciding what if any enforcement action to take.

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business planning and policy officers

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