Great Yarmouth Borough Council Planning Enforcement
What is planning enforcement and who does it?
Planning enforcement investigates possible breaches of planning regulations and aims to resolve these using the most appropriate means or action. Great Yarmouth Borough Council is responsible for enforcing control for all planning matters within the borough (except where land falls within the Broads Authority National Park – Broads Enforcement Direct Line 01603 756048).
What is a breach of planning control?
A breach of planning control is defined in the Town and Country Planning Act 1990 as “the carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted”.
Examples of breaches of planning control
•Development that has planning permission but is not carried out in accordance with the approved plans.
•Failure to comply with conditions or the terms of a legal agreement attached to a permission or consent.
•Demolition within a conservation area without conservation area consent.
•Works carried out to a “listed” building, which affect the historic character or setting, without listed building consent being granted.
•Removal or works including pruning protected trees and hedgerows without consent being granted or proper notification being given.
•Advertisements, which require express consent under the Advertisement Regulations, but are displayed without consent being granted.
•Fly posting.
•Failure to comply with the requirements of a planning legal notice such as enforcement notices, breach of conditions notices and stop notices.
What happens when breaches of planning control are confirmed?
When it is clear that there is a breach of planning control, the council will draw this to the attention of the person responsible and advise them of the possible courses of action. This may be:
•If the breach is deemed minor with no significant effects - no further action may be taken.
•If the development meets the objectives of Great Yarmouth’s development plan policies - the council will usually invite a “retrospective” application for planning permission or advertisement consent, whichever is appropriate.
•If the breach is exempt from enforcement action due to the passage of time - an application for a lawful development certificate will be invited.
•If permission is unlikely to be granted - the council will ask for the use to cease, or unauthorised development to be removed, voluntarily. A suitable period of time is allowed, this is dependent on what needs to be done. For example a business operation would need to find a new site or premises.
•As a last resort formal notices can be issued. This is a discretionary decision that is made on a case-by-case basis. The council must be able to justify taking formal action and be sure that the steps specified in the notice and the period for compliance are reasonable so that the notice will stand if challenged through the appeal process.
•Where an enforcement notice or other notice takes effect, but is not complied with, any owner/occupier who has control of, or has
•an interest in the land, can be prosecuted.
•Where appropriate, and if other means have been successful in stopping the breach being enforced against, the council will consider using its default powers to take direct action. The council may then recover the cost from the owner or place a legal charge on the land.
The vast majority of breaches in planning control are resolved informally and by negotiation with the owner/occupier of the land. National advice is that formal action should only take place when it is expedient to do so and where all other means of resolving the breach have failed.
What other services does planning enforcement provide?
As well as investigating complaints into possible breaches of planning control, the planning enforcement service is proactive in:
•Ensuring compliance when formal enforcement action has been taken;
•Monitoring planning conditions to ensure that they are being carried out as required;
•Monitoring compliance to ensure that the development accords with the planning approval;
•Ensuring Building Regulation works that require planning permission have made the necessary application.
The planning enforcement service also provides advice on general enforcement enquiries.
Who should I contact if I wish to make a complant.
You can contact us:
by telephone on 01493 846100
by fax on 01493 846110
by e-mail at plan@great-yarmouth.gov.uk
or by post to
Great Yarmouth Borough Council
Planning and Development Department
Maltings House
Malthouse Lane
Gorleston
Great Yarmouth
NR31 0GY
If you need to contact us after the initial complaint, please quote our enforcement case reference number which will be given on any letters to you.
Please advise us if the alleged breach of planning control ceases or of any other change in
circumstances.
Great Yarmouth Borough Council Planning Enforcement Policy