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7. Forms of formal enforcement action

7.1      On average between 5-10% of cases that the council receive result in formal enforcement action being taken. There are a range of formal powers that the council can use to remedy breaches of planning control. The more common forms are listed in the table below:

Type of enforcement action

Purpose

Planning Contravention Notice

Investigation tool. Requires persons to provide information in respect of land and activities. Often undertaken to determine if there is a breach of control and to help decide the appropriate course of action.

Enforcement Notice

Requires particular steps to be taken to remedy the situation - there is a right of appeal.

Stop Notice / Temporary Stop Notice

Requires the unauthorised activities to cease either immediately or for a period of up to 56 days. Only used in exceptional cases.

Breach of Condition Notice

Secures compliance with conditions specified within a planning permission.

Section 215 Notice (untidy land)

Secures the proper maintenance of land and buildings to protect public amenity.

Discontinuance or Removal Notice (advertisements)

Requires an unlawful advertisement to be removed.

Remedial notice (high hedges)

Requires an over-height hedge to be reduced.

Prosecution

Failure to comply with a notice that is in force is a criminal offence. To secure compliance with any formal enforcement notice and / or to bring the offence before the court.

Direct Action

The council may enter land to take the necessary steps to secure compliance with an Enforcement Notice. This is at the council's cost although these are recoverable from the landowner.

Injunctions

To prevent unauthorised development and only used in a very limited number of specific circumstances.