What Powers Do Planning Enforcement Officers Have?

What do planning enforcement officers do?

Planning enforcement deals with breaches of planning controls, including where building work requiring planning permission is undertaken without such permission, where conditions attached to a planning condition are not complied with, or where the use of a building or site is changed without planning permission..

What is planning compliance?

Compliance is a planning service offered to those who suspect alleged breaches of planning control are taking place.

What happens if you breach a planning condition?

Enforcement generally However, failure to comply with a planning enforcement notice is a criminal offence, which carries with it the risk of heavy fines and ultimately imprisonment. … A failure to comply with a condition of a planning permission may be enforced against by a breach of condition notice.

Can Neighbours block planning?

If your neighbours object to your plans, you can appeal and state your reasons appealing. Alternatively, you can amend the plans bearing in mind the reasons for rejection and resubmit the application. Therefore, it’s unlikely a neighbour is going to be able to stop you from building your house extension completely.

Do all planning conditions need to be discharged?

If your planning permission has been granted, the decision notice will state any conditions that need to be discharged before development can begin and what details must be submitted to do so. If you start work without discharging conditions you are at risk of enforcement action and of invalidating your permission.

What is it called when someone enters your house without permission?

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil trespass laws.

How long do planning enforcement notices last?

28 daysThese Notices are valid for up to 28 days and are effective from the time they are served, without requiring that an Enforcement Notice be served first.

Can a planning officer enter your home?

Planning officers A planning officer has the right, without warrant, to enter the land at a reasonable hour to see if there has been a breach of planning control if there are reasonable grounds.

Can someone be on property without permission?

In general, if you are invited onto someone’s property or otherwise have permission to be on the property, you will not be considered a trespasser. If you are asked to leave, however, you may be trespassing if you refuse to do so. You should make sure that you get consent before entering someone else’s property.

What happens if retrospective planning is refused?

The local authority will make the request to the owner or occupier of the land concerned. … If the retrospective application is refused, the local authority can issue an enforcement notice which requires you to put things back as they were. Read more about failure to comply with planning permission.

How long does a planning condition last?

three yearsStandard conditions. The vast majority of planning consents (with the exception of retrospective applications) come with a standard condition indicating that the permission lasts for three years.

Can granted planning permission be revoked?

They all allow councils to revoke or modify a planning consent “to such extent as they consider expedient” with regard to the Development Plan and other material considerations. The powers can only be used before the development, or the change of use given permission for, is complete.

What happens if you ignore a planning enforcement notice?

If you do not appeal the enforcement notice, it will take effect and you will be required to carry out its steps in full. Failure to comply with the terms of an enforcement notice is a criminal offence, for which you may be prosecuting. … The planning enforcement system is complex and you should take professional advice.

Are planning complaints Anonymous?

Anonymous complaints-you must provide your name and address so that your local planning authority can contact you. Complaints about planning violation are normally treated confidentially.

What is the 4 year rule?

This means that if land is acquired, a dwelling constructed, and the taxpayer moves into the residence within 4 years of the land being acquired, then the main residence exemption applies for that whole period. …

Is building without planning permission illegal?

If you build without planning permission, you may not be breaking any rules. However, if there is a planning breach, you may have to submit a retrospective application or even appeal against an enforcement notice.

What is a Section 17 police?

Entries onto private property are governed by section 17 of the Police and Criminal Evidence Act 1984. The key general powers under that section for entry without a warrant provide that a constable may enter and search any premises for the purposes of – Arresting a person for an indictable offence: section 17(b);

Do you need planning after 10 years?

‘THE 10 YEAR RULE’ applies to a Change of Use to land and buildings which must have existed in excess of 10 years before it can be protected from enforcement action. Therefore you may have a perfectly adequate building but no lawful use for it.