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Planning Enforcement

 

untidy landThe Council is responsible for making sure development does not take place without the correct permission. If a development has been carried out without necessary permission or not in accordance with the planning permission which has been granted, the Council will normally seek the voluntary co-operation of those responsible to resolve the issue.
 
If negotiation fails, the Council can issue an enforcement notice to stop work on the unauthorised development or to secure compliance with the conditions of the planning permission. Failure to comply with an enforcement notice is an offence and the person can be prosecuted and may be subject to a fine.
 
An appeal can be made against an enforcement notice. When this happens, the notice does not come into force until the appeal is decided. However, in some circumstances, the Council can follow an enforcement notice with a stop notice, which requires that the building work or use is stopped very quickly.
 
The Council has signed up to the Government's Enforcement Concordat. We have prepared an Enforcement Policy and Procedures document (see link) which you can download. 
 
For more information or if you would like to report a development that may not have permission, contact one the Council's planning enforcement officers in writing.
 
What can you complain about?
 
 
Planning Enforcement
 

 

 
This leaflet is for anyone who has, or is considering making a complaint to us about a breach of planning legislation, or if someone has complained to the council about you.
 

It explains the timescales involved, the process, what we can take action on and what you can expect from us.

 
 
 
 
 
 
 

April 2013

 

Fencing and Ground Works Fishponds, Caravan Site New Road Featherstone.

 

Mint Fencing were taken to court for breaching a Temporary Stop Notice to cease work at Fishponds Caravan Site.

 

The owner of Mint Fencing advised the Council Solicitor Venice McDonald  that he intended to plead not guilty. He also confirm that he did not have a solicitor. The matter was first called into Court at 11am. The owner  told the court the above and they put the matter back in order that he could speak to the duty solicitor about the case.

 

The owner of Mint Fencing  then spoke to the Duty Solicitor.

 

The matter was called back into Court at 12.30. the owner then entered a guilty plea in relation to the two offence of breach of The Temporary Stop Notice. The  facts were relayed to the Magistrates. He mitigated on his behalf advising the Magistrates that he was told by the caretaker that the notice had been sorted  so that is why he was on site. In addition he told them that he had only made 800 pound profit from the job.

 

For the breach on the 27th February 2013 he was fined £800 (being the profit made) and ordered to pay out costs of £260 pounds. He was also order to pay a victim surcharge of £80.00. In total he has £1140 to pay within 7 days. This is a good result and sends the right message.

 

Links

 

 
 

External Link: Guide to taking part in enforcement appeals proceeding by written representations – England

http://www.planningportal.gov.uk/uploads/pins/taking-part_enforcement-written.pdf

 

External Link: Guide to taking part in enforcement appeals proceeding by a hearing– England

http://www.planningportal.gov.uk/uploads/pins/taking-part_enforcement-hearing.pdf

 

External Link: Guide to taking part in enforcement appeals proceeding by an inquiry– England

http://www.planningportal.gov.uk/uploads/pins/taking-part_enforcement-inquiry.pdf

 

Contact Details

 

Address for correspondence

 

Planning Enforcement

Legal and Public Health Protection

South Staffordshire Council

Wolverhampton Road

Codsall

Nr Wolverhampton

WV8 1PX

 

Email: planningenforcement@sstaffs.gov.uk

 

 

or call

 

Telephone: (01902) 696000

Fax: (01902) 696222

 

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