Carrying out work without planning permission
If planning permission is required
Any works that you have carried out which are unauthorised are at risk of enforcement action. In this case, you will be advised to undertake the following action, as and when it becomes appropriate:
- Remove the development or cease the use within a reasonable period, usually 28 days
- Submit a retrospective planning application within 28 days (or other such timescale agreed).
Submitting an application
- You will be given planning application forms.
- An application will need to be accompanied with a fee and scale drawings.
- Officers can advise you of what is required.
- You will also be given an opinion on whether a planning application would be approved, if submitted. An Officer’s opinion is an informal one.
- If you are advised that the development is unacceptable then this means that it does not accord with the development plan policies and would be unlikely to be granted planning permission.
- If a planning application is submitted and refused, you can appeal to the first secretary of state.
- You will be advised of the procedures involved.
If you don't submit an application
If a planning application is required but not received within 28 days (or longer period as may be agreed) and a breach of planning control continues, enforcement action may be authorised.
Enforcement action will be recommended where the development is unacceptable and it is expedient to take action.
If an enforcement notice is served there is a right to appeal to the first secretary of state.
If a planning application is submitted and approved
If the planning application is approved then no further enforcement action will be taken under planning legislation, although it will be necessary to comply with any conditions attached to the approval.
A breach of condition notice can be issued if you do not comply with any of these conditions.
There is no right of appeal against a breach of condition notice (other than to the High Court) and we may prosecute against failure to comply with the requirements of the notice in the courts.
If a planning application is refused
If the planning application is refused, enforcement action may be authorised.