Enforcement

The Enforcement Section is here to help

The taking of enforcement action can have considerable consequences for those on the receiving end. However, although there is provision for prosecuting for ‘development’ without planning approval, the main purpose of the Enforcement Section is to resolve the breach. This can be summed up as “meet, talk, explain and persuade”. It is the cessation of the breach that is important, and an amicable solution is the best solution.

In almost all cases, the Department allows the submission of a retrospective application seeking to regularise the breach. Only after the planning process has been exhausted will the Department look to formal enforcement procedures by the serving of an Enforcement Notice or the initiation of Legal Proceedings.

It should be remembered that, in almost every breach, there are two or more parties, the offender and the person/persons being affected by the breach and it is unlikely that, when the matter is resolved, all parties will be satisfied with the outcome.

Under the legislation introduced on 1st November 2005, the Department has been afforded wider powers in relation to acting swiftly on alleged planning breaches.

Should an offender fail to respond by compliance with, or appeal against, the requirements set down by the issue of a Requisition of Information, Enforcement or Stop Notice, within the period set by that Notice, they will be deemed to be gulity of an offence. Accordingly, the case can be referred immediately to the courts for prosecution and the person may be liable on summary conviction to a fine not exceeding £20,000.

In determining the amount of any fine to be imposed the court shall have particular regard to any financial benefit which has accrued or appears likely to have accrued by the consequence of the offence.

Should you wish to report a matter where you think a planning breach may have occurred please complete the downloadable document at the bottom of this page. The form, when completed, should be sent to the below-mentioned address where the matter will be investigated as appropriate.

For further information on the Enforcement Section, contact:

Downloadable Documents
Planning Enquiry Form 1 (96 kb) Format:Acrobat PDF File Enforcement form

You will need Adobe Acrobat to download documents that are PDFs, this is available free by following this link:

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