Planning Enforcement

The 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?
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