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The Planning Enforcement Service investigates complaints about building work, changes of use of buildings and land and monitors planning conditions. The statutory basis for planning enforcement action is contained in the Town and Country Planning Act 1990 and the Listed Buildings and Conservation Areas Act 1991. Background advice is given to local planning authorities by Central Government in PPG18 Enforcing Planning Control.

The aim of the Planning Enforcement Service is to achieve a balance between amenity and often interests of acknowledged importance with the need to enable acceptable development to take place, despite it already having started. The consideration of the planning merits of individual cases will be of paramount importance and decisions on enforcement by the borough council will not be prejudiced by the development having commenced. Whilst any breach of planning control is to be regretted, it is recognised that such a breach is not an offence in its own right. All developers and landowners who proceed with development without the necessary consent will understand that they do so at their own risk and the fact that development has commenced will not result in a presumption that retrospective consent will be granted after the event.

Section 54A of the Town and Country Planning Act 1990 requires that Local Authorities determine planning matters in accordance with the provisions of the Development Plan unless material considerations indicate otherwise.

The integrity of the Development Control process depends upon the Local Planning Authority's readiness to take effective enforcement action where it is essential. A public acceptance of the Development Control process is quickly undermined if unauthorised development, which is unacceptable in planning terms, is allowed to proceed without any apparent action by the LPA to intervene before serious harm to amenity results. Any action must not be based on irrational factors or be taken without consideration of the relevant facts and planning issues. Nor should it be based on non planning grounds.

Recent guidance and Government legislation has provided Local Planning Authorities with substantially improved powers to enforce planning control.

The range of powers open to the borough council are:

Planning Contravention Notice
A formal allegation of a breach of planning control and a request for further information 

Breach of Condition Notice
Requirement that a specific condition be complied with

Planning Enforcement Notice
A formal requirement that a breach of control be remedied in a specific way

Stop Notice
A formal requirement that the unauthorised development cease immediately where circumstances are so serious as to demand this action

Prosecution
Where any of the above are not complied with

Planning Injunction
An application to the High Court that a breach of planning control is so serious that it cannot be remedied in any other way

Direct Action
Action by the council to remedy the breach themselves

These powers may lead to raised expectations by the public of a quicker, more certain and more effective enforcement regime. However, legal action may not result in a quick conclusion as there are rights of appeal against Enforcement Notices and Court action is dependent on available dates in Court.

If the Local Planning Authority invites the submission of an application to regularise a breach of planning control, there may be a need for consultation on such an application with members of the public, Parish Councils, statutory and other consultees. The fact that a breach has occurred is not in itself a material consideration nor should it be used as a reason for refusing an application for retrospective consent.

Enforcement should always be commensurate with the breach of planning control to which it relates. For example, it is usually inappropriate to take formal enforcement action against a minor or technical breach of control which causes no harm to amenity in the locality of the site. Similarly, where planning permission would have been granted had the landowner applied for it first, there is unlikely to be any reason to take formal enforcement action. 

In October 2002 the council adopted a Planning Enforcement Policy, this sets out five policies for the operation of the Planning Enforcement Service, these relate to development plan considerations, ensuring compliance, human rights, dealing with complaints and monitoring development.

All complaints relating to alleged unauthorised development, including changes of use of land and/or buildings are investigated by one of our two enforcement officers.

They can be contacted on 01455 255897, email planning@hinckley-bosworth.gov.uk or online by completing the following form Log an enforcement complaint. All concerns are treated in confidence but we may need to contact you for further information and to discuss your concerns. This will assist our investigations so please do not make anonymous complaints.

Enforcement investigations can often be complex and time consuming. The authority produces two leaflets to guide complainants (anyone complaining about an alleged unauthorised development) and owners/occupiers (advising owners/occupiers why planning permission is necessary and how a complaint about an alleged unauthorised development is investigated.).

To view the previous 5 years Enforcement notices and the current Enforcement Register please use the following link Enforcement Register.