Guide to Development Management at Gateshead - page 53

Guide to Development Management at Gateshead
Planning Contravention Notices
This is served on any person who has an interest in the land, or
is carrying out operations or using the land for any purpose, to
gain information about a suspected breach of planning control
on that land. Such a Notice takes the form of a questionnaire
that must be completed and returned to the Local Planning
Authority within 21 days of receipt. It is an offence to fail to
comply with the requirements of a Planning Contravention Notice
or knowingly make a false claim or misleading statement. It does
not rectify the breach, but places legal responsibility on the
recipient to provide accurate information to the Council, to
enable it to make an informed decision about the development.
Enforcement Notices
Breaches of planning control by the undertaking of development
without permission, or failure to comply with a condition or
limitation which are not resolved by negotiation or application,
may result in the Local Planning Authority taking formal
Enforcement Action. This is served on all persons with an
interest in land where a breach of planning control is occurring.
It specifies the nature of the breach, the steps necessary to
remedy the breach and the timescale within which action
must be taken. If not complied with, the Local Planning Authority
may prosecute in the courts. Other remedies include default
action (e.g. removal by the Court of an unauthorised building)
or an injunction. There is a right of appeal against a Notice
that would effectively suspend the Notice while the appeal was
being determined. The maximum fine is up to £20,000 upon
summary conviction.
Stop Notices
Where quick remedial action is required, the Local
Planning Authority may also serve a Stop Notice with an
Enforcement Notice. This prohibits the carrying out of the
activity specified in the Notice.These notices would only be
used in very extreme cases.
Temporary Stop Notices
In addition, a Temporary Stop Notice can be issued if the Local
Planning Authority considers that an activity which is in breach
of planning control should stop immediately. The Notice ceases
to have an effect after 28 days (or date specified) and cannot be
issued at the same time as a Stop Notice, although it would be
likely that an ordinary Stop Notice and Enforcement Notice would
be issued before the Temporary Stop Notice lapsed.
Breach of Condition Notice
When planning permission has been issued subject to conditions
or limitations, a Breach of Condition Notice may be issued if any
of the conditions or limitations are not complied with. This Notice
may be served on any person who is carrying out or has carried
out the development. As there is no right of appeal to a Breach
of Condition Notice, if after a specified time, the recipient does
not comply with the Notice, they are in breach of the Notice and
guilty of an offence. However, it shall be a defence for a person
charged with an offence to prove that he/she took all reasonable
steps to secure compliance with the conditions specified in the
notice or when the notice was served they no longer had control
of the land. Under certain circumstances therefore ordinary
enforcement action is more suitable for all but the most
straightforward situations. The maximum fine is £1,000 upon
summary conviction. The maximum fine for non-compliance is
£2,500 upon summary conviction.
Section 215 Notices
If the Local Planning Authority considers that the amenity of a
part of their area is adversely affected by the condition of land
they may serve a Notice under Section 215 of the Town and
Country Planning Act 1990. The Notice may require certain
steps to be undertaken by the owner of the land to remedy its
condition. Failure to comply with a Section 215 Notice is an
offence that could be the subject of a prosecution. If considered
necessary, the Local Planning Authority have the power to enter
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