Enforcement Notices

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Enforcement Notices

Breaches of planning control by the undertaking of development without permission, or failure to comply with a condition or limitation which are not resolved by negotiation or application, may result in the Local Planning Authority having to take formal enforcement action against a breach of control.

The decision to issue an Enforcement Notice can be taken under Delegated Powers or by the Planning Committee. If an Enforcement Notice is deemed to be necessary, certain steps will be specified within the Notice requiring the recipient(s) to remedy the breach. Failure to comply with an Enforcement Notice is an offence that can result in the prosecution of the recipient(s) and/or the Council can take direct action and place a charge on the land or property. In any prosecution of non-compliance with an Enforcement Notice it is a defence for the recipient(s) to show that they did everything that they could be expected to, to secure compliance to the Notice. There is a right of appeal to the Planning Inspectorate against a Notice that would effectively suspend the Notice while the appeal was being determined.

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