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.
Com
plai
nt r
ecei
ved
and
logg
edC
ust
om
er
to b
econta
cte
d
3 w
orki
ng d
ays
3-20
wor
king
day
s
Targ
et 5
0% o
f cas
esre
solv
ed w
ithin
8w
eeks
Up
to 1
0 w
eeks
Up
to 2
0 w
eeks
Allo
cate
d to
Cas
e of
ficer
. Cas
e pr
iorit
ised
as
eith
er U
rgen
t,1,
2 o
r 3.
If u
rgen
t an
offic
er w
ill v
isit
site
with
in 2
4 ho
urs.
Ack
now
ledg
emen
t let
ter s
ent t
o cu
stom
er w
ith c
ase
offic
er re
fere
nce
num
ber.
Wit
hin
3 w
ork
ing d
ays
of
receip
t of
enfo
rcem
ent
com
pla
int.
File
mad
e up
and
give
n to
case
offi
cer
Offi
cer
appr
aisa
l and
inve
stig
atio
n. A
ll pr
iorit
y 1
case
s to
be
visi
ted
with
in 3
wor
king
day
s, p
riorit
y 2
case
s w
ithin
10
wor
king
days
and
prio
rity
3 ca
ses
in 1
5 w
orki
ng d
ays
of r
ecei
pt. C
usto
mer
cont
acte
d w
ithin
5 w
orki
ng d
ays
of v
isit
by o
ffice
r
Case
off
icer
est
ablish
es
wheth
er
there
has
been a
bre
ach o
f pla
nnin
g c
ontr
ol.
Decid
e o
n f
urt
her
acti
on w
ithin
8 w
eeks.
Neg
otia
tion
whe
re p
ossi
ble.
Hol
d ca
se fo
r 3
mon
ths
to a
llow
rem
edia
l wor
ks
No
- C
ase
reco
mm
ende
d fo
r cl
osur
e si
gned
by
Del
egat
ed O
ffice
r w
ithin
10 w
orki
ng d
ays
of o
ffice
r re
com
men
datio
n
If ne
gotia
tion
fails
-cl
arify
if fo
rmal
act
ion
still
exp
edie
nt
Ret
rosp
ectiv
e pl
anni
ngap
plic
atio
n su
bmitt
ed c
ase
held
for
3 m
onth
s
Pla
nnin
gpe
rmis
sion
gran
ted
Planning Enforcement procedure for
Up
to 2
0 w
eeks
Pla
nnin
gin
spec
tora
tetim
esca
les
appl
ydu
ring
appe
alpr
oces
s
Com
plia
nce
perio
dva
ries
acco
rdin
g to
case
Targ
et 8
0% o
f cas
esre
solv
ed w
ithin
6m
onth
s
Yes
No f
urt
her
acti
on
because
of:
Res
olut
ion
of b
reac
h Im
mun
ityE
xped
ienc
y
If pl
anni
ngpe
rmis
sion
ref
used
Sig
ned
off b
yD
eleg
ated
Offi
cer
No
Cas
e of
ficer
to p
repa
re fo
r re
leva
ntEn
forc
emen
t Not
ices
to b
e dr
awn
up. N
otic
es s
erve
d w
ithin
a fu
rthe
r5
wor
king
day
s an
d ad
ded
to th
eS
ectio
n 18
8 R
egis
ter.
Enfo
rcem
ent N
otic
es c
omes
into
forc
e. N
otic
e co
mpl
ianc
e pe
riod
expi
res.
Site
vis
it to
che
ckco
mpl
ianc
e. If
not
com
pile
d w
ith,
is fo
rmal
act
ion
still
exp
edie
nt?
Dism
isse
d No
Allowed
Pro
secu
tion
actio
nco
mm
ence
d in
asso
ciat
ion
with
Leg
alS
ervi
ces
Furt
her
com
plia
nce
chec
k. If
com
plie
d w
ithsi
gned
off
by T
eam
Lead
er. I
f not
con
side
rre
-pro
secu
tion
Form
al c
losu
reen
tere
d on
to re
cord
s.
Yes
Lett
er s
ent
to c
lient
stat
ing
reas
ons
for
clos
ure
London Borough of Haringey
App
eal l
odge
d(P
lann
ing
Insp
ecto
rate
times
cale
s ap
ply)
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: [email protected]: 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: [email protected]
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
Haringey Council offers this translating and interpreting service to Haringey residents. We can translate this document into one language per resident ONLY.A guide to planning enforcement
Published by Haringey Council’sCommunications Unit 21331 • 02/2009
Please return to: Freepost RLXS-XZGT-UGRJ, Haringey Council, Translation and Interpretation Services, 8th Floor, River Park House, 225 High Road, London N22 8HQ
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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