www.haringey.gov.uk

A guide to PlanningEnforcement

February 2009

Introduction .................................................................................................................. 3

Flowchart ...................................................................................................................... 4

Negotiation Process .................................................................................................. 6

Enforcement Powers ................................................................................................ 8

Cases: Questions and Answers.......................................................................... 10

Feedback .................................................................................................................... 12

Glossary of Terms .................................................................................................. 13

Contents

2

1

Our services

The Planning Enforcement teamdeals with complaints aboutunauthorised development andchanges of use. This includeswhere:

• building work is carried out without permission (if permission is needed).

• planning conditions are not kept to.

• the use of a building or site is changed without planningpermission.

• some types of advertisementsare displayed withoutpermission.

• walls and buildings inconservation areas aredemolished without permission.

• trees and hedges that areprotected by tree preservationorders are cut back or cutdown.

In most cases of unauthoriseddevelopments and changes of use,a criminal offence has not beencommitted until we have takenformal enforcement action and theperson concerned has not kept tothe requirements we have set.

Our promise

• We will let you know we have received your complaintwithin three working days ofreceiving it.

• We will investigate allcomplaints by looking at thesite and planning history, andcarrying out a site inspection. Ifthere are planning enforcementissues, we will try to settle anydisputes by coming to anagreement and without takingformal action, unless the matteris causing significant harm. If we need to take formalenforcement action, this mayeventually result in the personconcerned being prosecuted.

• We will contact you within fivedays of visiting the site to tellyou what the next steps are.

• We will contact you within eightweeks to tell you whether wewill take formal enforcementaction or invite a planningapplication, or give you reasonsfor why we are closing the case.

• If we have issued anEnforcement Notice, we will tellyou what the notice says andthe date by which we expect aresponse. When the period setout in the notice has ended,

Introduction

2 Planning Enforcement

we will check the site and letyou know if the conditions havebeen met.

• We will contact you when thecase is closed, explaining why.

• If appropriate, we will provide aservice outside of office hours.

Cases are dealt with according to the following timescales:

• Urgent: This includes work that has been carried out toprotected trees or listedbuildings without permission.We will visit within 24 hours of receiving the complaint, or where works are causing a nuisance we will respondwithin one hour.

• Priority 1: Other seriouscomplaints, including demolitionin conservation areas. We willvisit within three working days.

• Priority 2: All othercomplaints, such as extensionsto buildings and unauthorisedchanges in the use of abuilding. We will visit within 10 working days.

• Priority 3: Minor complaints,such as minor alterations to theoutside of a building, or otherminor developments. We willvisit within 15 working days.

We will not do the following:

• Consider taking formalenforcement action without firstconsidering all the relevantplanning circumstances of eachcase. We must investigate allcomplaints very carefully andallow enough time for theperson concerned to carry out our instructions or appealagainst our assessment.

We cannot do the following:

• Take enforcement action if theperson has specific planningpermission, or does not needplanning permission, to carryout the work or change how abuilding is used. You can findmore information on planningpermission that has beengranted, and the types of workthat need planning permission,on our website atwww.haringey.gov.uk/planning-mainpage.htm

• Take enforcement actionagainst unauthoriseddevelopments that have been in place for four or more years,as these are considered to be‘established’.

3

• Take enforcement actionagainst unauthorised ‘changesof use’ that have existed for acontinuous period of over 10years, as these are consideredto be ‘established’.

• Take enforcement actionagainst things which do not fall within planning laws. These include the following: Civil matters, such as blockinga private right of way, or aneighbour’s building or fencebuilt on your land. The websitewww.adviceguide.org.ukprovides information and adviceabout the legal system. Work inside a property. For more information, pleasecontact Building Control orHousing and Health.Pollution and noise control. For more information, pleasecontact the EnforcementResponse service and Healthand Safety team.We may decide not to takeenforcement action againstminor alterations causingminimal impact.

Our procedure

The planning enforcementprocedure is often a lengthyprocess and we understand thatcustomers would like to knowwhat is happening during theprocess. Within 8 weeks of receiptof any case, investigations shouldbe sufficient to make a decisionestablishing whether a breach ofplanning control has occurred andwhat future action, if any, isrequired.

On the next 2 pages you will find a flowchart which gives moreinformation about what is doneand when you can expect to hear from us.

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6 Planning Enforcement

Further information on thenegotiation stage of theflowchart

The diagram below is amagnification of the part of theflow chart which requires furtherexplanation. It illustrates the cyclewhere further action is expedient,but other avenues are consideredmore appropriate than to gostraight to formal enforcementaction.

Submission of a retrospectiveplanning application

Where the breach can becorrected through granting ofplanning permission and controlledby conditions attached to it, wewill invite submission of a planningapplication. This invitation is notappropriate for minor breaches ofplanning control - these will beconsidered not expedient topursue.

Some instances when aretrospective planning applicationmay be appropriate are:

• Certain uses which requirecontrols e.g. permitted hours,flue extraction and noisedisturbance.

• Operational development thatexceeds approved plans orpermitted development rights.

• Breaches of permitted hourswhere other users are operatingin the neighbouring area andwhere it is considered notharmful to residents of adjoining properties.

If negotiationfails - clarify

if formalaction stillexpedient

Retrospectiveplanning

applicationsubmitted

case held for3 months

If planningpermission

refusedYes No

Negotiation Process

7

Negotiation

Where remedial action appears tobe possible within a reasonabletimescale we will considernegotiation. We aim to go througha negotiation period before takingany formal action The negotiationsaim to achieve one or more of thefollowing outcomes:

• To comply with permitted hours.• To undertake work to comply

with the planning permissiongranted/fall within permitteddevelopment rights.

• To remove any obstaclesallowing remedial works to be undertaken.

• To cease an unauthorised use.

Negotiation would not beappropriate where significant and sustained harm is arising in the surrounding area. In thesecircumstances, formalenforcement action is the most appropriate action.

Please note

For retrospective planningapplications and negotiations the input of DevelopmentManagement, Conservation andUrban Design, Building Controland other relevant serviceproviders will usually benecessary.

The time for negotiation is amaximum of 3 months from whenthe officer has established the nextcourse of action, allowing for thedetermination of most planningapplications and/or for remedialworks to be undertaken. Thistimetable should not be exceededexcept when there is exceptionalcircumstances.

8 Planning Enforcement

Listed below are a series ofnotices and other actions whichcan be imposed by the PlanningEnforcement service.

Enforcement Noticescan be served on unauthoriseddevelopment where thedevelopment can be remedied byalteration, complete demolition orthe unauthorised use to cease. For these notices there is a right of appeal to the PlanningInspectorate.

Breach of Condition Noticesrequire compliance of a conditionattached to a planning permissionalready granted. These notices aresuitable for specific breaches ofplanning control and need to becorrected within a specifieddeadline. There is no right ofappeal for these notices.

Stop Notices would normallyonly be served in a small numberof cases where the unauthoriseddevelopment is considered to beso harmful that the outcome of theenforcement process could not bewaited for. These must be servedtogether with an EnforcementNotice. There is no right of appealfor these notices.

Temporary Stop Noticesare served where significant andharmful unauthorised developmenthas occurred and need to bestopped temporarily (for up to 28 days). This allows time fornegotiation between the Counciland offending parties. There is noright of appeal for these notices.

Section 215 Notices can beserved on any interested partywhere land or building(s) havebecome untidy and are adverselyaffecting the amenity of the area.There is a right of appeal to theMagistrate’s Court for thesenotices.

Planning ContraventionNotices can be served on anyknown interested party where it isexpected that a breach of planningcontrol has occurred. They containa number of relevant questionsrelating to the alleged breach ofplanning control and limitations toany planning permission grantedon the land. Failure to respondwithin a specified timescale is acriminal offence which can result in prosecution in the MagistratesCourt.

Enforcement Powers

9

S330 Notices require informationfrom any occupier of land askingwhat his interest is in it. Failure to respond within a specifiedtimescale is a criminal offencewhich can result in prosecution in the Magistrates Court.

Other actions which can be taken by the PlanningEnforcement:

Most breaches of planning controlare not criminal offences untilformal enforcement action hasbeen taken and not complied with.We cannot take enforcementaction if the works or change ofuse have planning permission ordo not need planning permission.

More information on planningpermissions that have beengranted and the types of worksthat need planning permission canbe found on the Haringey website:www.haringey.gov.uk/planning-mainpage.htm

Prosecutions: can be undertakenby the Council in incidences suchas unauthorised works to listedbuildings, protected trees, some advertisement displays and complete demolition inconservation areas, as well asnon-compliance with the noticeslisted.

Direct Action: can be used as aneffective alternative to prosecutionso that the Council can ensureremedial works are undertaken tosecure satisfactory compliancewith an Enforcement Notice.

Injunctive Action: is used wherea breach of planning control isvery severe, or there is a threat of it becoming severe, which can be halted by the successfulapplication to the High Court foran Injunction. This is normallyconsidered as a last resort.

10 Planning Enforcement

Please find below a list offrequently asked questions

Can we take enforcementaction on internal works to a house or flat?Internal works may be a breach ofplanning control if the building isconverted into a greater number ofunits than what was there prior tothe works commencing.

When can we takeenforcement action onoperational development to a house?A property may not requireplanning permission following all works past and current if:• The total ground area covered

by the building is not more than50% of the total land excludingthe house.

• It is single storey, cannot bemore than 4 metres in heightand 3 metres in depth from theoriginal wall (4 metres for adetached house).

• It is more than one storeycannot be more than 3 metresin depth from the original wall.

• It is a single storey extension tothe side of property (Pleasenote: Only single storey rearextensions are permitted inconservation areas).

• It is a raised platform which isnot more than 300mm in height.

Buildings in gardens which do notexceed more than 50% of the landexcluding the house may notrequire planning permission if they are not:• In front of the house. • More than 1 storey or more

than 4 metres in height.

Please note: further restrictionsmay apply.

What walls are permitted byplanning legislation?Walls including any means ofenclosure which do not requireplanning permission include:• Up to one metre in height or

the height of what is replaced if it is a boundary adjoining a highway.

• Up to two metres in any other case

When can people use their home as a place of employment?Works may not require planningpermission if:The main use of the house is as adwelling and the use of a room asan office or for administrativeduties is additional.

Cases: Questions and Answers

11

When can we enforce on thereplacement of doors andwindows and other externalalterations?These normally do not requireplanning permission. However,within conservation areas and forlisted buildings, planning or listedbuilding consent is often required.

What action can be taken on the erection of satellitedishes?Planning permission is not usuallyrequired for the erection of up to 2 satellite dishes on a house orbuilding up to 15 metres in height.They cannot be attached to a wall,chimney stack or roof slope facingonto and visible from a road withina designated Conservation area.On buildings over 15 metres inheight you are usually allowed toerect up to four satellite dishes.However, this requires that thesatellite dishes are for the buildingas a whole and not individual flats,provided they are not attached toa wall, chimney stack or roof slope facing onto and visible from a road within a designatedConservation area.

What permission is needed for alterations toflats, maisonettes andlive/work units?It is important to be aware thatthese do not enjoy permitted

development rights and accordinglyall but the most minor additionswould require planning permission.Residences (flats) abovecommercial units (shops) have nopermitted development rights andmeans of access, such as externalstairs, would require planningpermission. These are oftenunacceptable as they tend to be unsightly and/or give rise toadverse privacy issues to occupiersof neighbouring properties.

What alterations to shopfronts require permission?Most external alterations to a shopfront, erection of non-retractablecanopies and associated signagerequire express consent.

When can we takeenforcement action on hours of operation?Where planning permission issubject to a condition limiting hoursof operation, activity outside ofthese hours can be subject toenforcement action. Please notethat these conditions are separatefrom those imposed by otherservices. Therefore these casesusually require liaison withLicensing, Enforcement ResponseService and CommercialEnvironmental Health.

12 Planning Enforcement

What action can be taken oncommercial premises turnedinto social clubs? Planning policy restrictions mayapply in certain areas to protectexisting retail uses. Unauthorisedchanges of use to private socialclubs are usually enforced, even if the use is allowed on appealconditions. These include controlledhours of operation or restricting the permission to a personalpermission. These types of cases usually require liaison withother service providers such asLicensing, Enforcement ResponseService and CommercialEnvironmental Health.

When might enforcementaction be taken on change of use to a place of worship?A significant number of casesinvolve units within industrial andemployment areas being occupiedby religious organisations. Whilstplanning policy does provide forsuch community uses, planningpolicy also resists theconcentration of these withindesignated employment areas as this can lead to a loss ofemployment land. Suchunauthorised uses within theselocations are usually enforced.

FeedbackHow you can give us feedbackabout our services?

You can give us feedback, includingcomplaints, compliments, WOWnominations or suggestions in all of these ways:• Email • By phone • Letter • Face to face • Web • By fax

Email: frontline@haringey.gov.ukAddress: Urban EnvironmentFeedback Team, Haringey Council,639 High Road, London N17 8BD

Telephone: 0208 489 1335

Find out moreFor more information on what enforcementaction we can take, please call:020 8489 5508 or 020 8489 5551

For urgent responses during office hoursplease call 0208 489 1284

Emergencies out of office hours: 020 8348 3148 (between 5pm and8.45am)

E-mail: planning.enforcement@haringey.gov.uk

Address: Planning Enforcement,Enforcement, Frontline ServicesHaringey Council, 639 High Road,London N17 8BD

You can find more information andadvice about planning enforcement onour website at www.haringey.gov.uk/planning_enforcement. You can alsoread planning enforcement complaintsfrom the last eight weeks.

13

Breach of planning control:Where any development or use occurs which has not beenauthorised by planning permissionor allowed by the provisions of a Central Government Order.

Civil matters: Non-planning matters oftenimpacting on residents e.g.boundary disputes.

Conditions: Limitations attached to planningpermission granted limiting thescope of its authorisation.

Formal enforcement action: The service of an EnforcementNotice which identifies the breachof planning, the steps required to overcome this breach and a timescale for undertaking therequired work. Non compliancewith this Notice is a criminaloffence.

Internal works:Works not affecting a buildingsexterior.

Negotiation: An alternative to formal actionwhere remedial action may beundertaken voluntarily.

Office hours:Normally considered to be 0800-1800 Monday to Friday.

Operational development:Development involving building,mining or engineering works andexcludes development involvingonly a material change of use.

Remedial action:Steps undertaken to ensure thatthe breach ceases.

Site history:Any previous history on a site,important in deciding whether a breach has occurred and whatfuture action to take.

Tree Preservation Order:A protective measure conferred toprotect identified trees requiringworks to be authorised andenabling enforcement to be takenagainst unauthorised works.

Unauthorised development:Please see breach of planningcontrol.

Unauthorised change of use:Please see breach of planningcontrol.

Glossary of Terms

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Published by Haringey Council’sCommunications Unit 21331 • 02/2009

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Kjo fletushkë ofron informacion mbi procedurën e Zbatimit të Planifikimit tëKëshillit të Haringejit dhe si të përgjigjenindaj ankesave mbi ndërtimet e paautorizuara dhe ndryshimeve të përdorimit të pronës. Nëse e doni një kopje në gjuhën tuaj, ju lutem shënjoni �kutinë, plotësoni emrin dhe adresën tuaj dhe dërgojeni tek adresa e mëposhtme me postim falas.

Shqip

Broszura zawiera informacje na tematprocedury dotycz cej egzekwowania przepisów budowlanych w Haringeyoraz skarg w sprawie nieautoryzowanej rozbudowy i zmiany u ywalno ci lokalu. Aby otrzyma jej kopi w j zyku polskim nale y zaznaczy okienko, wpisanazwisko i adres oraz przes aformularz na podany bezp atny adres.

Polski

Buugyarahni wuxuu ku siinayaamacluumaad ku saabsan Nidaamka fulinta Qorshaynta ee Kawnsalka Haringey iyo sida loogu jawaabo cabashooyinka ku saabsan dhisitaankaiyo waxkabeddelidda lagu sameeyo guryaha ee aan la oggolaan. Haddii aad rabto koobbi ku qoran luqaddaada,fadlan calaamadi sanduuqa, buuxi sanduuqa oo ku soo dir cinwaanka kharashkiisii boosta la bixiyay ee hoose.

Soomaali

Bu kitapcık Haringey Belediyesi’nin Planlama Uygulama prosedürü ve binayı izinsiz geli tirme ve kullanmaeklini de i tirme ikayetine nasıl cevap

verilece i hakkında bilgi sa lamaktadır.Kendi dilinizde bir kopyasını istiyorsanız lütfen kutuya tik atın, adınızı ve adresinizi yazın ve a a ıda yazılı olanücretsiz posta adresine gönderin.

Türkçe

Ev belavok li ser prosedura BicîhkirinaPlansazîyê ya aredarîya Haringey û ku gilîyên li ser avakirin û guhertinên bêdestûr ên bikaranîna milkekî çawabersîv bikin, agahîyê dide. Heke hun kopîyeke wê bi zimanê xwe dixwazin, ji kerema xwe qutîkê i aret bikin, nav û navnî ana xwe binivîsin û ji navnî ana posta bêpere ya jêrîn re bi înin.

Kurdî Kurmancî

Ce livret fournit des informations sur la procédure de mise en oeuvre de la planification du Conseil municipal deHaringey et comment répondre auxréclamations sur les travaux non-autorisés et les changements d’utilisation d’une propriété. Pour en recevoir un exemplaire dans votre langue, veuillez cocher la case, compléter votre nom et adresse et lerenvoyer à l’adresse en port payé ci-dessous.

Français

One tonne of recycled paper saves 17 trees,32,000 litres of water, and enough electricityto heat an average house for 6 months