Planning Enforcement is where the Council investigates reports about building, works or change of use taking place without the necessary planning permission or in breach of an existing permission. Where there is a breach, Planning Enforcement will investigate this, but please note this a complex area of work and investigations or resolution can take a lengthy amount of time to complete (see Enforcement charter below).
The Enforcement Charter sets out how Planning Enforcement can help members of the public enquiring or complaining about Planning matters controlled by the Council. The charter also advises on how enquiries will be processed and the levels of service that can be expected.
- pdf file
Bury Council has various legal powers to resolve the situation, the main legislation covering Enforcement is the Town and Country Planning Act 1990 and The National Planning Policy Framework (NPPF) and the supporting National Planning Practice Guidance set out advice on how to deal with breaches of planning control - failure to comply with formal Enforcement action can lead to prosecution in the Magistrates Court.
Further information can be found here:
- Gov.uk - Enforcement and post-permission matters
- Planning portal - Failure to obtain or comply with planning permission
The main breaches of Planning Control include:
- Building or engineering works without planning permission
- Change of use of a building or land without planning permission
- Building or works not being carried out in accordance with approved plans attached to a planning permission
- Breach of conditions attached to a planning permission
- A business being operated from home
- Untidy land or buildings affecting the amenity of the area
- Breach of a Section 106 Agreement
- Unauthorised advertisements or signs
- Unauthorised works to a listed building
- Unauthorised demolition work in a conservation area
- Unauthorised deposit of waste or mineral extraction
- Unauthorised work to protected trees (see: Protected trees, if you wish to report a breach).
If you suspect that anything is taking place without planning permission, please first check the Planning register where you can search for Planning applications.
You can also check for previous Enforcement action/notices here:
It is also important to consider, particularly with extensions/alterations to residential dwellings or changes of use that the works may be permitted development, meaning planning permission is not required – you can check the limits here: Planning Portal - Common projects.
If you still consider there has been a breach of Planning Control please use the form below to report it and include as much information as you can, you can also upload photographs and documents.
Please note your name and address or any other details provided will be dealt with in the strictest confidence so far as legislation permits.