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What powers do we have?

What powers do we have?

Listed below is a brief description of the ways we can deal with enforcement cases. You can download fuller details of our enforcement powers here.

Planning Contravention Notice

This enables us to ask for detailed information about suspected breaches of planning control within 21 days.

The penalty for non-compliance with a Planning Contravention Notice is a fine of up to £1,000.

Enforcement Notice

This is the main way we deal with unauthorised development. Once we have decided it is an appropriate course of action, we will serve an Enforcement Notice that specifies the steps that must be taken to remedy the planning breach and a timeframe for this to occur.

Non-compliance with an Enforcement Notice is a criminal offence and can lead to a fine of any amount decided by the Magistrates Court.

Listed Building Enforcement Notice

This is similar to an Enforcement Notice but refers to listed buildings and can require the building to be brought back to its former state.

Breach of Condition Notice

If any conditions imposed by planning permission or listed building consent are not complied with, we can serve a Breach of Condition Notice to require the recipient to comply.

The notice will specify the steps which we consider should be taken, or the activities which we consider ought to cease, in order to comply with the conditions.

Injunctions

Where we consider it necessary for any a breach of planning or listed building control to be restrained, we can apply to the court for an injunction. Such action would normally only be sought if the breach was particularly serious or protracted and was causing exceptional harm.

Temporary Stop Notice

Where we consider that an alleged unauthorised activity is likely to cause irreparable harm, then we can issue a Temporary Stop Notice requiring that activity to cease immediately.

Stop Notice

We can serve a Stop Notice at the same time as an Enforcement Notice where we urgent action is needed, in order to stop a particularly offensive activity.

As a breach of listed building control is in itself a criminal offence, there is no need for a Stop Notice in these cases.

Untidy Site Notices

We can serve a Section 215 Notice on the owner/occupier of any land or building which is considered to be in an untidy condition to the extent that it is having an adverse effect on the amenity of a neighbourhood. The Notice requires the person/s on whom the Notice is served to tidy up the site.

Advertisements

Some advertisements may not be displayed without our prior approval. In such cases, we can prosecute people responsible for displaying an illegal advertisement or serve a Discontinuance Notice.


More New Forest Enforcement: report a breach

In this section you can find out what a planning breach is and learn about enforcement.

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