Most building work and change of use of land and buildings require planning permission. Sometimes development is carried out without planning permission or does not comply with approved plans. This can cause serious harm to residents of Blackpool. Planning enforcement investigate such concerns as well as:
Types of action
We will investigate unauthorised development and will normally give the owner, or person carrying out the works, the opportunity to rectify the matter without us taking formal action. In some cases, if the unauthorised development does not cause significant harm, we may take no further action. We usually try to resolve a planning enforcement case through informal agreement with the people responsible. If negotiation fails to resolve the problem, we have powers to take enforcement action. These include:
Planning Contravention Notice
This is served on the landowner/operator to obtain information about suspected unauthorised development. The information provided is used to decide whether further action is required. Failure to reply to this type of notice can lead to a fine of up to £1,000.
Breach of Condition Notice
This requires a landowner/operator to comply with planning permission conditions which they have breached, within a specified time-scale. There is no right of appeal and failure to comply can lead to a fine of up to £2,500.
This is used when serious unauthorised development has occurred and requires the unauthorised development to be rectified within a specified timescale. A person served with this notice has 28 days to appeal against the notice – the appeal is heard by independent Planning Inspector. If the appeal is dismissed, or no appeal is made, failure to comply with the requirements of the notice will usually result in prosecution. The maximum fine is £20,000. The Council has direct action powers in the event of continued non-compliance.
Section 215 Notice
Served on a landowner when the poor condition and appearance of a property or land is detrimental to the surrounding area/neighbourhood. The notice requires proper maintenance of the land/property in question and steps are stated to remedy the problem. There is no right of appeal and failure to comply can lead to a fine of up to £1,000.
Tree Preservation Notices
When trees are protected by a Tree Preservation Order, the owner must obtain the Council's consent to lop, top or fell the tree. Felling or damaging a protected tree without the Council's consent is a criminal offence which can lead to a fine of up to £20,000.
Local Councils are able to determine complaints by owners of domestic property adversely affected by evergreen hedges over 2 metres high, under the powers contained in Part 8 of the Anti-social Behaviour Act 2003. A non-returnable fee is charged for this service set at £450.00. Further information relating to High Hedges and it's process is available at https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council
A measure used only in exceptional circumstances where it is essential that:
A Stop Notice is often issued with an Enforcement Notice to require a particularly harmful activity to cease There is no right of appeal but if an Enforcement Notice appeal is made the merits of the Stop Notice may be considered. Non-compliance with a Stop Notice carries a maximum fine of £20,000.