Planning enforcement service
We have a duty to investigate complaints about building work and the uses of buildings, which may have been undertaken without planning permission. We have an enforcement team who will investigate all complaints received. Before investigating a complaint we will also check the planning history of the site to see if planning permission has been granted for the development taking place. You can also do this yourself through our planning application website.
When you make a complaint we will need to know:
- The precise location of the site or property to which the complaint relates (including an address)
- The exact nature of the concern
- If possible the identity of the person/organisation responsible for the alleged breach
- When the breach began
In all cases you will be asked to give your name and address. Your details will be held in confidence and not disclosed, as stated in the Data Protection Act 1998. If you wish to be remain anonymous you should submit your complaint through your local member or parish council.
If you suspect a breach of planning you can tell us by using our online reporting form.
You should be aware that in the event of the matter proceeding to appeal or to court you may be asked to give evidence and we will not be able to withhold your details.
We will endeavour to keep you informed of the outcome of our investigation but it should be realised that once a breach of planning control has been identified it can be a lengthy process to resolve the problem.
Alternatively if you wish to contact us in writing please write to:
Planning Enforcement Section
Newark and Sherwood District Council
Tel: 01636 650000
What is a breach of planning control?
A breach of planning control is defined in the Town and Country Planning Act 1990 as: “the carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted”
Not all development requires planning permission, it may fall within the limits of permitted development and these exemptions are laid down in the Town and Country Planning (General Permitted Development) Order 1995 (as amended in 2008).
We also control advertisements as they may require advertisement consent. You may need to apply for advertisement consent to display an advertisement bigger than 0.3 square metres on the front of, or outside, your property. However there are some adverts that do not need consent, for example you are unlikely to need consent for a sign with your house name or number on it and these exemptions are found in the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.
In many cases unauthorised developments and advertisements are accidental or come about through an understandable lack of knowledge of the planning laws. It should also be realised that a breach of planning control is not a criminal offence, unless it is an unauthorised advertisement.
Many minor breaches of planning control can be resolved through negotiation and persuasion without the need for formal enforcement action. If a breach is found to have occurred then the person(s) responsible have the right to apply for retrospective planning permission.
If a breach of planning control cannot be resolved, and it is considered appropriate, formal enforcement action can be taken. This is in the form of an Enforcement Notice requiring the developer to put right what he/she has done wrong. If the Notice is not complied with and/or appealed against then it becomes a criminal offence and the matter is taken to the courts.
Want to view an Enforcement Notice?
Unfortunately we are unable to publish our register of enforcement notices online at the moment. We are working hard to resolve this. If you would like to view an enforcement notice, please contact a member of our Customer Services Team on 01636 650000 or email email@example.com.
Community Infrastructure Levy (CIL)
On the 1st December 2011 the Newark & Sherwood Community Infrastructure Levy (CIL) Charging Schedule came into effect. To find out more information about what development will be liable to the payment of CIL please visit our Community Infrastructure Levy (CIL) pages.
If a CIL payment is required and you do not complete the correct forms, notify the Local Planning Authority that a development has commenced and/or fail to make the required payment(s) then formal enforcement action may be taken. The following charges can be imposed:
- A £50 surcharge on each person liable to pay the levy in the event that liability is not assumed before development commences;
- An additional £500 to each person with a material interest in land where the authority has to apportion liability;
- An amount equal to 20 per cent of the chargeable amount, or £2,500 (whichever is the lower) where development starts without the authority having received a notice of chargeable development;
- An amount equal to 20 per cent of the chargeable amount, or £2,500 (whichever is the lower) where development starts without the authority having received a commencement notice;
- Failure to pay CIL on time will result in the imposition of late payment interest by the CIL collecting authority at 2.5 percentage points above the Bank of England base rate;
- Continued failure to pay CIL may result in the CIL collecting authority imposing one or more late payment surcharge. Such surcharges will be imposed in the following manner:
- Five per cent of the outstanding amount where payment is still overdue after 30 days, subject to a £200 minimum
- Five per cent of the outstanding amount where payment is still overdue after six months, subject to a £200 minimum
- Five per cent of the outstanding amount where payment is still overdue after 12 months, subject to a £200 minimum.
- Twenty per cent of the chargeable amount, or £1000 (whichever is the lower) where a person(s) fails to provide further relevant information as requested by a collecting authority; and
- Failure to notify the authority of a disqualifying event occurring in respect of CIL relief may result in a surcharge of 20% of the amount payable or £2,500 whichever is the lower amount;
Where development has started and the levy has not been paid and it is considered expedient to stop the development from progressing any further until payment is made, a Stop Notice may be used. It would be an offence to contravene a Stop Notice and it would render the contravener liable to prosecution where upon a fine of no more than £20,000 can be imposed. The authority may also apply to the Courts for an injunction if necessary to enforce a stop notice.
All enforcement action taken will be recorded on the Land Charges Register, which may be disclosed to interested parties on receipt of an official search relating to the property.
For more information, please visit our Community Infrastructure Levy (CIL) pages.
Important - CIL liability is held as a charge on land. If CIL is not paid you may have difficulty selling your property.
Keeping in touch
Whilst we endeavour to keep you informed of investigations, this is not always possible, therefore please do not hesitate to contact us any time to discuss the case.