The Planning Compliance Officer has to consider a number of questions before being in a position to recommend a particular course of action, including:

Does whatever appears to be happening at the property require consent under planning legislation?

Many minor building works, including alterations to a building, small extension to dwellings, outbuildings up to certain limits, some "changes of use" and many advertisement signs do not require consent from the Council. If this proves to be the case, no action can be taken.

Please see the Do I Need Planning Permission webpage.

Has permission already been given?

Most planning permissions can be taken up at any time within five years of being granted. Once partially implemented, there is no time limit on its final completion. So if you see works taking place, but cannot recall a recent planning application, the activities are not necessarily unauthorised.

On receipt of a written complaint, the enforcement officer will check that the development is being carried out in accordance with the approved plans and conditions. By viewing Do I Need Planning Permission you may be able to find out if planning permission has been granted and may be able to view the application and plans if it is a relatively recent decision.

Is the matter serious enough to warrant action?

In considering whether enforcement action is appropriate the decisive issue for us should be whether the breach of planning control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.

This is the advice of Government contained within Planning Policy Guidance Note 18. Enforcement action will not normally be initiated where a trivial or technical breach of planning control has occurred which causes no harm, or potential harm, to public amenity in the locality of the site, and where it is not in the public interest to do so. We will not take action to solely regularise an acceptable development or to obtain a fee.

Where permission has not been granted, are the activities nevertheless broadly acceptable in planning terms?

To start building works or make a change of use without planning permission is not in itself an offence. We must consider an unauthorised development in exactly the same way as a planning application and can ask for a planning application to be submitted to try and regularise the situation. This is the most common approach if the activity or building is one which meets local planning policies and does not create significant local problems.

Conditions can be imposed on any permission granted in order to control certain aspects of the building work or use, for example, the materials to be used or operating hours. In determining whether or not a development may be acceptable Council Officers will take into account Central Government Guidance and policies contained within the Development Plan for the area. For further details see the Government Planning Guidance and Ashford Borough Local Plan.

Where the activities or development are undesirable but controllable by the District Council's planning enforcement power, what is the most appropriate action to take?

We have a wide range of options from which to choose and which one[s] will be used will depend on the nature of the case. Our priorities are to protect amenity, safeguard the built and rural environment and uphold local planning policy in the speediest and most effective way.  The Government advises planning authorities only to resort to enforcement action where it is plainly necessary and there is obviously harm or nuisance.

How long does enforcement action take?

• Government advice is to use persuasion and negotiation in all but the most extreme cases. Often, this proves to be the quickest and most effective method of resolving the problem. For this reason, the person[s] responsible for the breach is usually advised of the problem, what needs to be done to make matters acceptable and the powers of the District Council if they fail to do so. In the majority of cases, the contravener will take the necessary action of their own accord.
• If persuasion and negotiation are not successful, the District Council may then instigate formal action, which may include: serving an enforcement notice or other notices, taking out an injunction or prosecution. Immediate prosecution is only permissible in the case of unauthorised works to a listed building, the unauthorised display of certain advertisements and the wilful destruction of a protected tree.
• There is a right of appeal to the Planning Inspectorate of the Secretary of State for the Department of the Environment, Transport and the Regions against an enforcement notice and the requirements of the notice are suspended until the appeal is heard. Appeals against enforcement notices may take up to a year to be heard. See the Planning Inspectorate website for additional advice.
• If an appeal is allowed we can take no further action. It the appeal is dismissed the period for compliance (which may have been varied by the Inspector following the appeal) begins from the date of the appeal decision.
• If an appeal is dismissed, legal action (prosecution proceedings) can be taken if an individual then fails to comply with the requirements of an Enforcement Notice after the time allowed by the Enforcement Notice.
• In certain cases when an individual has not taken the necessary action we can use our own contractors and carry out all or part of the necessary work. Any costs arising are payable by the landowner. This is called 'Default Action' and can be a powerful deterrent but only at the end of the legal process.