What the team will investigate:

•    unauthorised building or engineering works

•    work being carried out on a listed building without consent

•    material changes of use of land or buildings to a different use

•    development that has not been carried out in accordance with approved plans and conditions

•    unauthorised work to protected trees or works to trees in a Conservation Area without providing notice

•    Unauthorised demolition of an unlisted building in a Conservation Area

•    Damage to protected trees

•    display of advertisements without consent

•    untidy land or buildings that affect local amenity.

In each of the circumstances above, the planning enforcement team may commence an investigation. Not all development or change of use requires permission however and more information can be obtained from the Planning Portal.

What the planning enforcement team will not investigate:

•    boundary disputes, trespass or property damage, land ownership

•    neighbour disputes
•    Internal works to a non-listed building

•    Obstruction of a highway or public right of way

•    Parking of commercial vehicles on the highway, in residential areas, or on grass verges and obstruction.

•    Parking a caravan within the residential boundary of a property, provided that it is not used as an independent  dwelling

•    Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity

•    Where development is 'permitted development'.

•    Damage to property. You should seek appropriate legal advice

LAWFUL DEVELOPMENT / PERMITTED DEVELOPMENT

In some cases, a development or activity may have continued without the benefit of planning permission for so long that enforcement action cannot be taken. Where a development or use has continued, uninterrupted, for a specified number of years, it could be considered lawful.

Where such a situation applies, the District Council could invite an application to regularise the situation. A ‘lawful development certificate’ can be applied for where an owner is seeking to sell land or property and requires confirmation that the development or use has been determined as lawful.
 

If you think that a development is taking place without consent or contrary to conditions placed on a planning permission, you can request an investigation by:

•    Filling out a planning breach application form and sending it to planningenforcement@cannockchasedc.gov.uk.

•    Writing to  Planning Enforcement at Cannock Chase Council, Civic Centre, Beecroft Road, Cannock, Staffs WS11 1BG.

To assist the team, you will need to provide as much information as possible about the current and previous situation.  If we do not receive sufficient details the matter reported to us will not be investigated

The information  should include:

•    the exact address and location of the building or site.

•    when activities started, and whether they are still continuing.

•    approximate dimensions of any new building works.

•    if known, details of landowner/developer names and addresses/phone numbers of any owners, occupiers, or builders that you think may be involved.

•    details of any problems caused (e.g. noise, visual intrusion, overlooking, traffic, smells) and, in the case of potential unauthorised uses, details of the type and frequency of the activity.
•    Photos or evidence of the alleged breach where relevant

•    How the matter affects the complainant

•    your name, address and contact details so that we can contact you about the investigation.

We do not investigate anonymous complaints, but complainant’s details are entirely confidential. If complainants feel uncomfortable in providing their details, you could contact your ward Councillor who can submit an enquiry on your behalf.

If the Council feels that a complaint is vexatious or malicious, with no real planning grounds to substantiate it, there will be no investigation.
 

Certain developments do not require planning permission and therefore are permitted under the Town and Country Planning (General Permitted Development) Order 2015, commonly referred to as 'Permitted Development'. 

For further information on Permitted Development, please visit the  Planning Portal to determine whether a development you are considering complaining about would have required planning permission or whether it falls under Permitted Development.

Our power to take enforcement action is discretionary. Where it seems that unauthorised development could be acceptable, we will encourage the submission of a planning application. If an application is submitted, complainants will be consulted on the application. For example, where conditions could be imposed to remedy any detrimental effects of the development.

Enforcement action will not be initiated whilst the application is prepared and under consideration.  Enforcement action will also not be taken simply to remedy the absence of a planning application.

Time limits for enforcement action
 

Enforcement action must be taken within 10 years of an alleged breach or breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.
 

Enforcement notices

If an enforcement notice is served, it will set out:
•    what the breach of planning control is
•    the reasons for taking enforcement action
•    the steps required to remedy the breach of planning control and the compliance period.

The notice must be served on every person with an interest in the land and therefore it can take some time to prepare the notice.

Once served, there is a period of 4 to 6 weeks before it takes effect and during this time anyone who has been served with a copy of the notice has the right of appeal to the Secretary of State.

The appeal process can take from 4 to 12 months, depending on the type of appeal lodged. If no appeal is submitted or if an appeal is dismissed the requirements of the notice must be complied with as set out in the notice, or as varied by the Planning Inspector hearing the appeal.

It is a criminal offence not to comply with any requirement of an enforcement notice and in the event of non-compliance we can take legal proceedings in the Magistrates Court who can impose a fine of up to £20,000 on summary conviction. More serious cases can be heard in the Crown Court.

In addition, where there is a serious breach of control that could lead to serious harm, we can serve a stop notice alongside an enforcement notice or consider injunctive proceedings. This means any activity or works must cease as soon as the notice is served and cannot continue whilst an appeal is being heard. As there is a right for recipients of such a notice to claim compensation this type of notice is only used where there is evidence that severe harm will be caused if a use or works continue.

Breach of condition notices

This type of notice can be served where a condition imposed on a planning permission has not been complied with. The notice sets out which conditions have not been complied with, states what action is required and gives a period for compliance. It takes effect immediately it is served, and it is a criminal offence not comply with any requirement. The only right of appeal is to the High Court. In the event of non-compliance, we can take legal proceedings in the Magistrates Court who can impose a fine of up to £2,500 on summary conviction.
 

Injunctions
 

Where there is a threat that a serious breach of planning control could occur, for example in relation to a listed building or the removal of protected trees, we can consider issuing an injunction, which is a private action taken by us, after demonstrating to the  Court that someone is intending to carry out works which could have serious consequences.

Listed building and conservation area enforcement notices

These can be served where there is a breach of listed building or conservation area legislation. Again, there is a right of appeal to the First Secretary of State.

Control of advertisements
 

The advertisement regulations set out what type of advertisements require consent.

Where an advertisement is displayed without consent, this is a criminal offence.
 

Officers will negotiate with those responsible for the display of the sign to either get an application for consent submitted or to get the sign removed.

Of particular importance are the signs displayed on listed buildings and illuminated signs in conservation areas.
Where negotiations fail to achieve a satisfactory solution, we will take legal proceedings in the Magistrates Court where a fine of up to £2,500 can be imposed with an additional daily fine of £250 on conviction of a continuing offence.
 

If you are contacted about an alleged breach of planning control, you will be informed of the allegation and given the opportunity to explain your side of the case. Details of the complainant cannot be disclosed under the General Data Protection Regulation. Such information is provided to the District Council in confidence, so disclosure would be a breach of that confidence. Complainant information is also exempt from disclosure under the Freedom of Information Act 2000.

Initially, an Enforcement Officer will visit the site. This may be without any warning to the owner or occupier at the site. Officers are authorised to enter land without warrant under s196a of the Town and Country Planning Act 1990 , at any reasonable hour.  In the case of a house or flat, 24 hours notice has to be given to the occupier of the property. If necessary, the District Council can obtain a warrant of entry where access is refused. Wilful obstruction of a person exercising a right of entry is an offence. 
If the allegation refers to land or buildings in which you have no interest or involvement, no action will be taken against you. If you are involved, however, Planning Enforcement will advise you of the details of the breach and how it can be rectified. You may be served with a Planning Contravention Notice (PCN), which requires information to be submitted to the District  Council concerning the alleged development. This is used to establish the facts of what has occurred and the details of those with an interest in the land. It is an offence not to complete and return such a notice within the specified timescale.

In the event of a breach being established, your co-operation will be sought to either remove or modify the unauthorised development, or to cease the unauthorised use or activity. A reasonable period of time will be allowed for you to do this.

In some circumstances, you may be invited to submit a planning application in retrospect, to regularise the situation, but we will only suggest this if we feel there is a reasonable chance of permission being granted.

If the situation is not resolved through either of the routes outlined above, formal action may be instigated.

Interactive House – Planning Portal