When development takes place without
the necessary planning permission the Council has a full range of
enforcement powers available to it to determine what harm is caused
as a result of the breach and how to remedy the situation.
We receive many complaints each year about alleged breaches of
planning control. These complaints can relate to unauthorised
advertisements; change of use of land or buildings; development by
householders without planning permission and breach of planning
conditions.
We investigate every complaint we receive. Therefore, we need to
prioritise the breaches of planning control to ensure that we
provide an efficient service to the residents of Copeland. The
Council aims to achieve a negotiated solution without recourse to
formal action and it is often the case that developers and home
owners are willing to remedy their breach of planning control
without the Council needing to take any formal enforcement
action.
However in a minority of case the Council has to commence formal
enforcement action if no satisfactory outcome can be negotiated.
These powers are discretionary and will only be used where it is
considered expedient to do so.
It must be remembered that formal enforcement action cannot itself
remedy a breach of planning control. Its purpose is to coerce the
alleged offender into doing so. However, failure to comply with a
formal notice is an offence which may lead to prosecution,
injunction or direct action.
For more information on the Council’s planning enforcement
procedures please view the Planning
Enforcement Manual (pdf format)
The manual sets out how the Council:
- Receives and records complaints
- Investigates and Identifies whether there is a breach of
planning control
- Decides on whether or not to take action
- The process of carrying out formal enforcement action
- Deals with non-compliance with enforcement action.
Enforcement Complaints
If you would like us to investigate a possible breach of the
planning rules please contact:
The identity of persons reporting suspected breaches of planning
control will be treated as confidential unless the complainant
authorises otherwise, or the complainant gives evidence at public
hearing, inquiry or court case.
If a complaint is made against you
Step 1
An enforcement officer will visit the site to decide whether there
has been a breach of planning regulations or contact you by writing
to arrange a site meeting. If there has been a breach, you
will be told of what to do to put matters right. You may need
to make a planning application to obtain retrospective permission
for what has been done.
Step 2
If you do not act on the enforcement officer's advice and the
matter is considered serious, you will be served with an official
notice. This will give you a limited time to set matters
right. You will have the right to appeal against the notice
except in certain circumstances.
Step 3
If you have not complied with the official notice we have the right
to take you to court and you could be fined. In extreme
cases, you could be imprisoned.
We will do all we can to avoid taking legal action and will try
to negotiate a solution which is acceptable to all. However,
if this is not possible or you are unwilling to co-operate, then
legal action will be taken to put matters right.
Please note: If we believe the situation is
urgent then immediate action will be taken. This may include
dealing with threats to protected trees or buildings and in cases
where public interest could be seriously affected.
Policy Statement
In March 1998 the Council agreed the following policy statement to
guide planning enforcement action in the Borough:-
"The Council will aim to provide a fair, consistent and effective
planning enforcement service to the residents of Copeland.
Enforcement action will be taken to protect the environment of the
Borough, and the quality of life of the residents. When taking
planning enforcement action the Council will always be mindful of
the need to protect and regenerate the local economy."