Planning Enforcement Guide
Planning Enforcement
Mid Beds District Council aims to improve the local environment through its development plan and provide an effective planning and building control service.
Each year members of the public, town and parish councils and other organisations raise concerns over several hundred sites where development may have taken place without planning permission. This leaflet explains how we undertake our investigations and the implications for owner/occupiers under investigation.
Always check to see if you need planning permission
To avoid enforcement action always contact our planning officers to find out if planning permission is required before beginning any development or changing the use of land or buildings. One of our planning officers will be happy to tell you whether you need planning permission or not. Some good reasons for applying for planning permission are:
- You are legally required to have planning permission for certain kinds of development
- Mid Beds will have a clear proposal from you on which to make a decision
- You will be able to explain your scheme to the Council
- Other interested parties will be able to express their views on your plans and reach an amicable resolution with you
- You may have problems if you decide to sell the property/land without the necessary planning permission
- Mid Beds can open an investigation into your development or change of use if there is no planning permission
Investigating a complaint
We investigate and record all cases relating to alleged unauthorised development, including changes of use of land and/or buildings.
Firstly we determine if a breach of planning control has taken place. To do this an enforcement officer will in most cases visit the site. If it is necessary to enter the land or gain entry to a building, normally an appointment will be made. However powers do exist to gain entry to premises if the owner/occupier refuses permission.
Sometimes the case is resolved without the need to contact the owner/occupier of the land or building, usually when no breach of planning control is identified.
Mid Beds operates a corporate approach to enforcement and during an investigation planning enforcement officers may liase with other sections (such as environmental health) to ensure all contraventions are identified and dealt with.
Informing you of a concern or complaint
If appropriate, a planning enforcement officer will contact owner/occupiers if more information is needed, but the identity of those who have raised the case with the Council will not be disclosed. We will explain why an investigation is being carried out and what the alleged breach of planning control is.
What can you do?
Many investigations can be amicably resolved through discussion. If there has been a breach of planning regulations and you want to retain the development, or continue the use of land or building, you will usually be able to apply for planning permission in the normal way.
If you are informed your development is unauthorised you have the right to make a planning application. This will not prevent Mid Beds from serving an Enforcement Notice if the unauthorised development is considered totally unacceptable.
If you submit a planning application and it is refused, or you do not submit one within 21 days of being notified that your development breaches regulations, then a decision will be made on what action to take; in most cases.
If a breach of planning control is identified there may be an opportunity for you to apply for a Certificate of Lawful Use or Development. This allows the unauthorised development to be retained without any enforcement action by Mid Beds.
Our councillors at the Development Control Committee meeting make the decision on what enforcement action is taken. You can attend and speak at that meeting if you wish to. Many cases are determined in consultation with ward members, without the need to go to committee.
Deciding on enforcement action
An officer will tell you the findings of the investigation and of the planning issues raised. Enforcement action is discretionary and if the breach is not causing harm, in planning terms, then it is possible no further action will be taken.
A breach causes harm if it is contrary to planning policies and/or is physically unacceptable e.g. causes nuisance for neighbours, looks unsightly. is a traffic hazard.
Where planning harm exists then enforcement action is likely to follow. An Enforcement Notice may require the development to be removed or use of land to stop. If you are ignoring or violating the conditions placed upon a planning permission then a Breach of Condition Notice may require compliance with one or more of the conditions.
If it is decided that the development is harmful in planning terms an Enforcement Notice may be served. This may require work underway to stop, a completed development to be removed or the use of land or a building for an unpermitted purpose to cease.
If you are served with an Enforcement Notice you can appeal to the Secretary of State. Information regarding the process of appealing will accompany the Enforcement Notice. Further information can be obtained from the Planning Inspectorate's website (link). There is no right of appeal against a Breach of Condition Notice. You may wish to engage professional assistance if the matter reaches this stage. Once an Enforcement Notice comes into effect it is an offence to continue to breach the requirements of it.
How long will an investigation take?
Mid Beds follows statutory regulations during its enforcement investigations but the time to fully investigate a complaint varies according to the nature of the unauthorised development. Some investigations can take several months to resolve, particularly if an appeal is lodged against an Enforcement Notice. Mid Beds does prioritise enforcement investigations to tackle problems causing obvious harm to the local environment.
How to contact us
The Enforcement Team is based at: Priory House, Monks Walk, Chicksands, Beds SG17 5TQ
East team: 08458 495 365
West team: 08458 495 487
Email: customer.services@midbeds.gov.uk
Our offices are open: 8.45 am - 5 pm Monday to Thursday and 8.45 am - 3.30 pm Friday.
Our Administration staff are available during office hours and can assist with general planning enquiries. An officer is available to deal with more complicated planning issues.
* Download How an investigation proceeds (application/pdf; 27kb)
