Planning enforcement service
We have a duty to investigate any reports relating to building work and the uses of buildings and land, which may have been undertaken without planning permission. Our enforcement team will investigate all reports of potential breaches of planning. Before investigating we will also check the planning history of the site to see if planning permission has been granted for the development taking place. You can also do this yourself through our planning application website.
If you wish to report a potential breach of planning legislation we will require the following:
- The precise location of the site or property to which the complaint relates (including an address)
- The exact nature of the concern
- If possible the identity of the person/organisation responsible for the alleged breach
- When the alleged breach began
In all cases you will be asked to give your name and address. Your details will be held in confidence and not disclosed, as stated in the Data Protection Act 1998.
If you wish to be remain anonymous you should submit your complaint through your local member or parish council.
If you suspect a breach of planning you can tell us by using our online reporting form.
You should be aware that in the event of the matter proceeding to appeal or to court you may be asked to give evidence and we will not be able to withhold your details.
We will endeavour to keep you informed of the outcome of our investigation but it should be realised that once a breach of planning control has been identified it can be a lengthy process to resolve.
Alternatively if you wish to contact us in writing please write to:
Growth and Regeneration (Enforcement)
Newark and Sherwood District Council
Tel: 01636 650000
What is a breach of planning control?
A breach of planning control is defined in the Town and Country Planning Act 1990 as: “the carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted”
Not all development requires planning permission, it may fall within the limits of permitted development and these exemptions are laid down in the Town and Country Planning (General Permitted Development) Order 2015 (as amended).
We also control advertisements as they may require advertisement consent. However there are some adverts that do not need consent, for example you are unlikely to need consent for a sign with your house name or number on it and these exemptions are found in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.
In many cases unauthorised developments and advertisements are accidental or come about through an understandable lack of knowledge of the planning laws. It should also be realised that a breach of planning control is not a criminal offence, unless it is an unauthorised advertisement, unauthorised works to a Listed Building or protected tree/s.
Many minor breaches of planning control can be resolved through negotiation and persuasion without the need for formal enforcement action. If a breach is found to have occurred then the person(s) responsible have the right to apply for retrospective planning permission.
If a breach of planning control cannot be resolved, and it is considered appropriate, formal enforcement action can be taken. This is in the form of an Enforcement Notice requiring the developer to put right what he/she has done wrong. If the Notice is not complied with and/or appealed against then it becomes a criminal offence and the matter is taken to the courts.
Want to view an Enforcement Notice?
Our enforcement register register provides a record of Enforcement Notices, Stop Notices and Breach of Condition Notices served within the District of Newark and Sherwood since 2012.
Community Infrastructure Levy (CIL) - Enforcement
On the 1st December 2011 the Newark & Sherwood Community Infrastructure Levy (CIL) Charging Schedule came into effect. To find out more information about what development will be liable to the payment of CIL please visit our Community Infrastructure Levy (CIL)pages. Further information regarding enforcement of CIL is available on the following page of our website, CIL Enforcement.
Keeping in touch
Whilst we endeavour to keep you informed of investigations, this is not always possible, therefore please do not hesitate to contact us any time to discuss the case.