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Enforcement Procedure

Without planning permission, but is acceptable

We will pursue the submission of a retrospective planning application, which may be granted either unconditionally or subject to appropriate conditions.

If an application for planning permission is not submitted, but the development is acceptable without the need for conditions than the offender will be advised that whilst no formal action will be taken the development remains unauthorised and may be liable to future action.

If an application is not submitted and the development is only acceptable subject to conditions then we will issue a conditional Enforcement Notice.

Development is carried out without permission and is unacceptable

We will inform the owner or occupier of this fact and will try to negotiate an acceptable solution. This may involve stopping or reducing the activity to an acceptable level.

Where negotiations are not successful we will start formal enforcement action by issuing an Enforcement Notice. Where an Enforcement Notice is not complied with we will normally pursue the matter and the offender can be taken to court and prosecuted.

Development is carried out and immediate corrective action is required

We will take vigorous enforcement action (including the serving of a stop notice), to remedy the breach urgently or to prevent further serious harm to public amenity.

Development is carried out in breach of a planning condition

We will seek to negotiate for compliance. Where such negotiations are unsuccessful we may serve a Breach of Condition Notice, which will require compliance with the condition.

Where a Breach of Condition Notice is not complied with we may pursue the matter and the offender can be taken to court and prosecuted.

Use of Injunctive Proceedings:

Very exceptionally we may consider it necessary to take out an injunction to prevent an actual or perceived breach of planning control.

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(0115) 901 3971

Civic Centre
Arnot Hill Park
Arnold
Nottingham
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