1 Where development is taking place without permission or in breach of a condition that affects the District Council’s ability to properly control the development, it will take all steps necessary to ensure that the development is stopped until appropriate details have been received and approved in order that proper control of the development can be assured.
2 The Council will seek to resolve planning breaches by negotiation if it is likely that a solution can be reached within a reasonable time scale. This process could seek the cessation or modification of unauthorised uses, the removal or modification of works or the submission of retrospective planning applications where the breach of planning control is not clearly contrary to the development plan or where its effect on the character or amenity of the area and its inhabitants is tolerable in the short term.
3 The identity of those who provide the Council with information relating to planning breaches shall remain confidential in order to safeguard the safety of such persons. The Council encourages the reporting of planning breaches and investigates all alledged breaches reported. A positive and active approach to enforcement is considered essential in aiding the pursuit of consistency and fairness in the Development Control process.
4 Where appropriate action will be taken to resolve breaches by the most expeditious use of the full range of enforcement powers available including breach of condition notices, Section 215 untidy site notices, enforcement and stop notices and the use of injunctions. Where breaches of planning control are identified, and a solution is not offered within a reasonable time period, a notice for information will be served. This notice will show up on any land registry search carried out on the property.
5 Failure to comply with the requirements of a notice is an offence. Where it is considered that there is satisfactory evidence to identify the person responsible and to substantiate the offence a prosecution will be pursued.
6 Information will be made available to establish whether: developments have been completed in accordance with the approved plans and conditions; the requirements of enforcement notices have been discharged; enforcement action will be pursued with regard to outstanding breaches of planning control; entries on land registry searches are prejudicial to the property. This information will be available only on payment of the appropriate fee.