Eden District Council is the authority responsible for the enforcement of planning control against unauthorised development and uses of land. Wide ranges of legal powers are available to the Council, including prosecution.
Development without planning permission
If you have gone ahead without the required planning permission, it could be that we may simply ask you to apply in retrospect. However, if it has been carried out without permission or in conflict to the conditions attached, the development may be in breach of planning control and we may take remedial enforcement action. We consider whether the application would have originally been granted or refused permission even though the work may have already been carried out.
Enforcement action is seen as a last resort. It is almost always more appropriate to seek a solution by negotiation or by regularising acceptable unauthorised development through the submission of an appropriate application. If however, we decide to refuse permission, an Enforcement Notice will be served, setting out the measures needed to remedy the breach, and the date by which these must be implemented.
Any unauthorised work that needs planning permission may be a breach of planning control. This can include the following:
- Works being carried out without planning permission
- Unauthorised changes of use
- Non-compliance with conditions imposed by a planning permission
- Works not being carried out in accordance with the plans approved as part of the planning permission
Breaches of planning control
Carrying out building works or the change of use of land without planning permission, carrying out works to a listed building without listed building consent, display of unauthorised advertisments, felling or carrying out works to a tree, which is the subject of a Tree Preservation Order or is situated within a Conservation Area ie protected trees
Enforcement action cannot be taken under the planning legislation for any activities that are not breaches of planning control. Some examples of which are listed below:
- The parking of a commercial vehicle on the highway, in a residential area, or on a grass verge
- Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity
- Disputes about boundaries or the blocking of rights of way
- Clearing land of undergrowth, bushes and trees provided they are not subject to a tree preservation order
Considerations before enforcement action
- Does the development / work carried out actually require consent under planning legislation?
- Many minor building works may be covered by 'permitted development', certain 'changes of use' and many advertisement signs do not require consent from the Council.
- Has permission already been given? (most planning permissions can be taken up at any time within 5 years of being granted, and once partially put into action, there is no time limit on its final completion).
- Is the matter serious enough to warrant action?
- Where planning permission has not been granted are the activities however generally acceptable in planning terms?
- Where the activities or development are undesirable yet controllable by the District Council's planning enforcement power, what is the most appropriate action to take?
A planning officer will visit the site of the alleged unauthorised development to assess whether there is a breach of planning control. There are a number of courses of action available:
- Invite the person carrying out the unauthorised work to regularise the development.
- Issue a Planning Contravention Notice this will not necessarily stop the breach, but gives us more information to help us decide what to do.
- Serve an Enforcement Notice this is where the person is unwilling to remedy a breach of planning control and where the Council considers, having regard to the development plan and other material considerations, that planning permission wouldn't have been granted.
- Issue a Stop Notice this can be used only in particularly urgent or serious cases where the unauthorised activity has implications for public safety or related issues and therefore has to stop immediately.
- Issues a Breach Of Condition Notice.
- Injunctions.
How to report an alleged breach of planning control
It is the applicant's responsibility to adhere to the plans as approved and comply with the conditions imposed. We monitor new development as much as we can, but given the limited resources available to us we cannot monitor every development that takes place. If therefore you suspect that a breach of planning control is taking place please contact the councils enforcement officer on 01768 212487.
An online enforcement complaint form is also available to report alleged breaches and unauthorised development.
Or write to: Planning Enforcement, Eden District Council, Mansion House, Friargate, Penrith, CA11 7YG.
Please be assured that all complaints are handled in the strictest confidence.
An advice leaflet on Enforcement of planning control (PDF: 40Kb / 2 pages) is available to download.
The Enforcement Process
Registration and Processing
- Within 2 working days of receiving a complaint, the Council will register the report and acknowledge its receipt in writing (unless received anonymously or by telephone).
- Within 15 days of a complaint being received the Council will arrange for a site visit and site report.
- Within 25 days of a complaint being received an initial appraisal of the complaint will be made. The Enforcement Officer will then inform the complainant of the appraisal on the case and inform if further action is to be taken.
- If a breach of planning control appears to have occurred and the Council intends to pursue the matter further it will normally seek to remedy the breach 'informally' in the first instance. If this cannot be achieved, then the Council will decide whether or not to pursue the matter further with formal enforcement action. If the Council decides that formal enforcement action is not expedient, reasons will be given for having reached that decision.
- In situations where formal action is deemed expedient by officers, authorisation for formal action will be sought at the next meeting of the Planning Applications Committee. Formal action could include the service of an Enforcement Notice, Breach of Condition Notice, Stop Notice and Temporary Stop Notice, and an Injunction. Failure to comply with the requirements of a served notice is an offence and this will result in the consideration of formal legal action through the Courts being taken by the Council.
For further information please see our Enforcement Policy.
If an enforcement notice has been served please read the information explaining 'How to appeal against an enforcement notice'.
Contact Development Control
