Planning Enforcement
Introduction
The main reason for having a planning system is to control new development, to stop inappropriate buildings from being constructed, and to prevent unacceptable activity.
The law allows small developments which are unlikely to have any harmful affect can be carried out without the need for planning permission. This is known as a 'permitted development'. However, there are some exceptions such as Listed Buildings and work within Conservation Areas.
You can find out what is allowed by contacting Planning on 015 233 3021 or email: planningandbuildingcontrol@liverpool.gov.uk
All other developments need planning permission and, in some cases, Listed Building and/or Conservation Area Consent.
Do you need help?
If you want to know more, please contact the Enforcement Team on 0151 233 3021.
If you are concerned about a development near you, which you think does not have planning permission, you can tell us or ask us about it using our Online Enforcement Complaint Form.
Our role
Our main role is to look into cases where development has been carried out without either permitted development rights or planning permission. The Planning Act allows us to do this, and for us to take formal action to sort out matters where necessary.
A small team of planners and enforcement officers deal with this work and other related breaches of planning control. These include unauthorised advertisements, tree protection, and non-compliance with conditions attached to planning approvals.
Breaches of Planning Control
Breaches of planning control are brought to our attention in a number of ways. Most are reported by the general public but others come from Councillors, the business community, local societies, or are noted by officers themselves.
We deal with all complaints using up-to-date guidance. Complaints are recorded individually and the details of the person reporting the matter to us are kept confidential.
We will aim to reply to complaints within three working days either by e-mail, by telephone or in writing. We will then give updates on progress. Complaints may need to be prioritised to make sure that major breaches of planning control are dealt with quickly.
If a breach of planning control is found, the person responsible and the person who made the complaint will be told.
We may ask the person responsible to put in a planning application. This would allow us to consult with anyone else who is affected by the development before a decision is made.
If no application is received, the case will be looked at to find out if action is needed.
Enforcement Notices
These are legal documents which we can serve on people who have built something without the required permissions.
Enforcement Notices can demand different things depending on what the breach happens to be. For example, a notice could:
- stop or prevent an activity;
- request the removal of an unauthorised building or extension; or
- ask for a development to be changed to make it more acceptable.
Enforcement action is only taken as a last resort, when all other ways of dealing with the problem have been explored without success.
Appealing against an Enforcement Notice
Anyone receiving an Enforcement Notice can appeal to the Planning Inspectorate.
An appeal puts the notice on hold while a decision is made. This can take about 4 months, but may be longer if there is a Public Inquiry.
Anyone else who is interested, and local residents who may be affected by the development are consulted on appeals. They are invited to submit their written comments for consideration.
Unlike the original reporting of a breach of planning control, anything sent in once an appeal has been launched can no longer be kept confidential.
Acting on an Enforcement Notice
Once an Enforcement Notice comes into effect, the person responsible for the breach must carry out the works within the time given in the notice. Failure to do so is a criminal offence which carries a maximum fine of £20,000.
Where the conditions attached to a planning permission are not being complied with, the Council has a specific type of notice available to deal with such matters. This is known as a Breach of Condition Notice (BOCN). This requires steps to be taken within a minimum of 28 days with the threat of prosecution. There is no right of appeal against a BOCN and the current penalty for not complying is a maximum fine of £1,000.
Other Controls
Unauthorised works to a Listed Building, or demolition within a Conservation Area, are criminal offences. They both carry the same penalties as for not complying with an enforcement notice. You can be held responsible if you are the owner of the property, or the person(s) carrying out the works.
The display of unauthorised advertisements including fly posters is a criminal offence. The current penalty is a maximum fine of £2,000 with a further £200 for each day the advertisement remains in place after conviction.
Our Commitment
We work hard to be fair and consistent in the way we carry out our investigations.
Those responsible for breaches of planning control will receive an explanation of what is wrong and what needs to be done to sort it out. Wherever progress can be made within a reasonable time, it is unlikely that action will be taken.
Where a breach is causing harm to the surrounding area and/or those living or working in the area, and cannot be changed to reduce its impact, necessary steps will be taken to remove the development.
Do you need help?
If you want to know more, please contact the Enforcement Team on 0151 233 3021.
If you are concerned about a development near you, which you think does not have planning permission, you can tell us or ask us about it using our Online Enforcement Complaint Form.