Enforcement Process
The Enforcement 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 its 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 Enforcement Customer Charter (Word doc) [41kb].
