Planning enforcement
Introduction
1.1 This document describes the National Park Authority’s procedures for enforcing compliance with planning controls. It is a guide for those affected by breaches of planning and listed building control who may wish to know what steps the Authority can take and the timescale involved in achieving a result.
1.2 The Authority recognises the importance of an effective planning enforcement service within the National Park and has established a dedicated Monitoring and Enforcement Team which is responsible for investigating reported breaches of planning control and for monitoring new developments (to ensure compliance with approved plans).
1.3 However, enforcing compliance with planning controls can be both time consuming and complex. In many cases the Authority will try to negotiate compliance rather than pursue formal action although in those cases where serious environmental damage or harm to the amenities of neighbouring residents is taking place, or where damage is being caused to protected landscapes, trees and/or listed buildings, the Authority will use the full range of its enforcement powers to bring the matter speedily under control.
1.4 Whilst it is a criminal offence to carry out unauthorised works to a listed building or a protected tree, it is not illegal or an offence to carry out a development or use that does not have proper planning permission. It is merely unauthorised and no criminal offence has been committed. Only when the Authority has served formal enforcement or similar notices, all avenues of appeal have been exhausted and time periods for compliance have expired, does the person responsible for the unauthorised use or development become liable to prosecution and, if found guilty, acquire a criminal record.
1.5 The person against whom an enforcement notice is served has rights of appeal which must be respected and this can result in some delay in securing a resolution of the matter.
1.6 The Authority can only use its enforcement powers effectively if there is sufficient evidence available to demonstrate clearly that a breach of planning and/or listed building control has occurred.
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