Compliance and Implementation
The planning system exists to manage the development and use of land in the public interest, and Compliance and Implimentation is a fundamental part of the development management framework. The effective use of compliance powers is central to ensuring a fair and transparent development control system that protects against the harmful effects of unauthorised development. Disregard of the rules by a minority has the potential to undermine the efficiency and integrity of the planning system.
Compliance and Implimentation is action taken by a planning authority to rectify a breach of planning – this can be either development which does not have planning permission or development which does not comply with planning conditions which have been imposed on a permission. Action may be taken if development requiring planning permission is carried out without obtaining relevant permission following the Compliance Code of Practice.
The Broads Authority currently deals with a wide range of potential issues. Amongst the most common are:
- unauthorised change of use of land or buildings
- unauthorised piling or quay-heading
- unauthorised mooring use, including residential use of craft
- untidy land and failure to comply with the requirements of a planning permission or planning conditions.
The Broads Authority is concerned to prevent unauthorised development, which is damaging to the Broads and will take planning enforcement action where necessary. This can lead to inconvenience and large costs, so we strongly advise that you do not carry out unauthorised development in the Broads area. To find out whether planning permission is required for development that you are proposing or has been carried please contact the Planning Department.
Reporting a Breach of Planning
The Broads Authority can only investigate breaches of planning control if we are aware of the breach. While we monitor conditions on planning applications and have officers out and about in the Broads, we cannot see everything.
To report a breach you can download the Registration of Complaint Form (word document) [37kb], complete it and post or email it back to us; or write or email us directly via our contact form.
In all cases, you will need to give full details of the alleged breach including details of the site, the works or use which have been undertaken and how long the works or use have been carried out. Please give us as much information as possible. Whichever method you choose to use to contact us, all enquiries or complaints must include your name and an address that we can use to reply to you. Anonymous complaints will not normally be processed. We recommend you contact us if you feel there is any unauthorised development taking place - however obvious you may feel it is - please do not assume we already know.
There are circumstances where there is no breach of planning control as the development may be permitted, under The Town and Country Planning (General Permitted Development) Order 1995. There may be an existing use right or development may be so minor that the local planning authority considers it does not affect the local amenity.
It is important to note that not all cases will necessarily require action. It is the Authority's aim initially to achieve compliance through negotiation and voluntary compliance. Indeed, formal action is likely to be used in only a minority of cases, where it is expedient to do so and where voluntary compliance cannot be achieved. Ideally, all complaints will be addressed quickly. However, in practice it is necessary to prioritise cases for investigation. The priorities reflect the planning policies of the Authority and the relative impact that different types of unauthorised development have on the character and quality of the Broads environment.
The priorities are as follows:
- a breach which would result in damage to a Site of Special Scientific Interest (SSSI), or any other site of particular ecological value or to the water environment
- a breach which would result in damage to an Ancient Monument, Listed Building, tree protected by a Tree Preservation Order or which would damage the character of a Conservation Area
- a breach which results in unacceptable development in waterside or other sensitive locations, or which is prominent in the landscape or affects navigation
- a breach which causes significant harm to residential amenity or to public enjoyment of The Broads
While it is necessary to prioritise cases, we will investigate all alleged breaches in Planning.
The Compliance and Implementation Process
When a complaint or a notification of an alleged breach is received, the site will be visited. The purpose of the investigation is to establish if a breach of planning control or an offence has occurred and if so, who is responsible. The subsequent action in each case will depend on the nature of the breach/offence and the consequences/effects.
In most cases, the Broads Authority will try to resolve issues surrounding unauthorised development through negotiation and agreement, but it may on occasion need to take formal action to require a breach to be resolved. This action could involve the issuing of:
- Enforcement Notices;
- Breach of Conditions Notices;
- Planning Contravention Notices;
- Stop Notices;
- Section 215 Notices;
- Section 330 Notices and Prosecution through the Magistrates’ Court.
In deciding what action to take, the Broads Authority is mindful of Government advice which advocates a flexible and sympathetic approach to enforcement where small business operators, the self-employed and householders have genuinely and inadvertently carried out unauthorised development. Action will however be taken where it is expedient to do so and where:
- Demonstrable harm is being caused to interests of acknowledged importance;
- The development is contrary to the Broads Local Plan;
- The offender has had the offending development or breach identified to them, and has been given a reasonable opportunity to remedy the harmful effects;
If the works or change of use do not require planning permission or consent, or are permitted by planning legislation, then no enforcement action can be taken. All actions taken by the Broads Authority in respect of the enforcement function will be done in accordance with the Broads Compliance Customer Charter (Word doc) [49kb].
