It is the council's aim to make sure that all developments approved under planning and other related legislation are completed properly.
Applications for building regulation approval will be checked to ensure that proposals that may require planning permission do so. Sometimes developments take place without planning permission or are carried out in a way that is different from the plans that were approved. These are called 'breaches' of planning control. The 1990 Town and Country Planning Act defines a breach 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.'
Breaches can be damaging to the appearance or character of an area. They can also have a negative effect on the environment of people living on or near a property. Because breaches cannot always be prevented from taking place, people are encouraged to report unauthorised work to protect the environment of Norwich for people who live, work and visit here.
What are the most common types of breach?
The most common types of breach are:
- development which has planning permission but has not been carried out or completed according to the approved plans
- changes of use or building or engineering works which have taken place without permission
- buildings works to alter a listed building, or which affect it, without listed building consent or demolition within a conservation area without conservation area consent
- failing to comply with the conditions attached to a planning permission
- works to a protected tree(s) covered by a Tree Preservation Order without the required approval
- development contrary to, or failing to comply with, a legal agreement attached to any permission
- Displaying or erecting advertisements which require consent, including advertising hoardings
- Carrying out development or continuing uses already subject to an Enforcement Notice issued by us
In some instances - unauthorised work to listed buildings, for instance - a breach may also be a criminal offence.
Making a complaint
To ensure that planning regulations are enforced, that nuisances are resolved and that developments are completed to the highest standards the council should be informed of any issues that should be investigated. The information that is required is:
- the address of the alleged breach
- the particular issues to investigate
- the effect of the breach eg. noise nuisance, unsightly advertisements
- if the effects are limited to any particular time of day
- the name (if known) of the person responsible for the breach.
If you suspect that an unauthorised activity or operation is taking place or has taken place which is in breach of planning, listed building or advertisement law, please print off and complete the form from the link below :
Enforcement reporting form
What happens to a complaint
All the complaints received at the council are recorded, investigated and acknowledged by letter. Investigations involve checking all background information and checking the site. Some complaints are simple to resolve but others are more complicated and take longer. Where possible problems are solved by negotiating rather than prosecuting, which is lengthy and costly.
The council prioritises the action taken to address the complaints causing the most nuisance. The complainant will be kept informed of any action being taken.
What action does the council take?
In some instances, no legal breach has taken place and the council will advise the reason. Where a breach has occurred, the council will:
- ask for an explanation where the works are considered acceptable, or
- aim to get the breach put right.
Where a problem cannot be resolved by negotiation, enforcement action may be taken. This can take several forms, including:
- issuing an Enforcement Notice - failure to carry out the action necessary to remedy the breach in time is an offence
- Stop Notice - this accompanies or follows an enforcement notice and prohibits any more work on an unauthorised development. Such notices are served in exceptional circumstances where serious and irrevocable environmental damage has or is occuring
- breach of Condition Notice - where planning permission conditions have not been complied with
- Listed Building Enforcement Notice - where alterations have taken place to a listed building
- notice under Section 215 to require improvement to the appearance and/or condition of a particular piece of land.
The Enforcement Notices we serve specify:
- the details of the breach that has occurred
- the steps that must be taken to remedy the breach
- the period within which works must be completed or the use stop
- the time allowed before the Enforcement Notice takes effect.
If the person who has committed a breach does not comply with these notices they can be prosecited, fined or be subject to custodial sentencing.
Anonymous complaints and confidentiality
When making a complaint a name and address should be provided, unless there is good reason not to, otherwise it can cause problems with the investigation. In particular, contact will not be able to be made to clarify the reasons for the complaint or the effects of the breach.
In all the investigations, confidentiality will be maintained. Any action taken will only be based on:
- the investigation
- the facts we establish
- the results of the site inspection
- any interview with the person(s) who may have carried out the alleged breach.
To help the council take enforcement action. there may be a request for additional information or to be a witness at any prosecution.
Being subject to a complaint?
Where the investigations provide evidence that a breach might have occurred, the council will be in contact and may request an interview. The results of this interview could be used as evidence.
Before any enforcement action is taken, further information may be requested about land ownership, the occupier of the premises and other details. This is to make sure that any legal notice is served on the correct person or persons.
In the first instance, any breach will try to be resolved by negotiation.
Should a breach that has taken place be considered acceptable, there may be a request to submit an application to make the development legal.
Where enforcement action is taken, there is right to appeal against the decision to the Planning Inspectorate.
If you require further information about planning enforcement, please call Planning Services on
0344 980 3333 or email planningenforcement@norwich.gov.uk .