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What is Planning Enforcement?

Development is sometimes carried out without planning permission or in a way that does not comply with the plans approved or the conditions imposed by the Council. All are breaches of planning legislation. In cases where harm may be caused to the way in which people live, or to the local environment, residents and businesses have a right to expect that harmful activities are dealt with quickly and effectively.

However, not all development requires planning permission and in such cases we may not be able to take any action to resolve your concerns. There may be other remedies, such as civil action, and you may need to contact a Solicitor for advice. We cannot pursue complaints that relate to private matters such as boundary disputes, right to light and rights of way.

From our experience the most common breaches are:

• Work being carried out that has planning permission but that is not in accordance with the approved plans.
• Work being carried out that has planning permission but where conditions have not been discharged.
• Extensions being built that require planning permission but that have not been applied for.
• Fences and walls being erected without the necessary planning permission where required.
• Advertisements being displayed without the relevant consent (n.b. not all advertisements need consent).

What is the Council's Role?

Ashfield District Council is responsible for dealing with breaches of planning control. The decision whether or not to take action in most cases rests with the Council. Each case is judged on its own merits.

It is not a criminal offence to carry out work, or change the use of land or buildings without the necessary planning permission (with the exception of certain works to Listed Buildings, in Conservation Areas or work to protected trees).

We will normally give those responsible the opportunity to correct the situation and will consider the submission of a retrospective planning application to keep the works already carried out.

Monitoring of Conditions

The Council currently monitor a percentage of planning permissions for compliance with the approved plans and conditions imposed.

Fees for Monitoring of Minerals and Landfill Sites

Nottinghamshire County Council is the responsible minerals and waste planning authority.