Staffordshire Moorlands District Council

Planning legislation sets out which types of development require planning permission. If anyone carries out a development without planning permission, then enforcement action can potentially be taken against them.   Enforcement action can relate to unauthorised building works, unauthorised changes of use, unauthorised advertisements, and non-compliance with conditions on an existing planning permission. 

What happens When

Enforcement action must be taken within 4 years in relation to the erection of buildings and within 10 years in relation to changes of use and breaches of condition. There is no time limit however for the enforcement of breaches of planning control relating to Listed Buildings.

Breach of Planning

The Enforcement section of the Development Control Service is responsible for investigating complaints about alleged breaches of planning control, and instigating enforcement action where serious breaches occur.  The Service also monitors new development taking place within the District, and in particular compliance with planning conditions. 

Making a complaint

If you suspect that someone has undertaken development without the benefit of planning permission, or is carrying out works contrary to their approved plans, then you can either telephone us, write to us, or complete our online complaint form.  (Select 'Planning Enforcement' in the 'Relating To' drop down list)

A complainant must be prepared to give their full contact details and contribute to the investigation by describing precisely the problem, feeding ongoing observation, explaining carefully how it affects them and in some cases provide witness evidence.  Please note that it is our policy not to investigate anonymous complaints.  All complaints received are dealt with in strictest confidence, and at no point will your details be made known to anyone other than those professional officers dealing with the case. 

If you make a complaint about a suspected unauthorized development, we will send you an acknowledgement letter within 5 working days from the date the complaint was received. The letter will give a reference number and advise that the Council will over the next 10 working days investigate the complaint, carrying out a thorough history check, discussions/written communication with the complainant and/or the suspected transgressor, and if necessary undertake a site inspection. 

Within 15 working days we will write to you and advise of our findings.  This will amount to an explanation as to why the case has been closed or will confirm that a formal Enforcement File has been opened in relation to your complaint. In applicable cases the letter will give the name of the case officer, the new reference number and affirm the Councils ongoing commitment to getting the issue resolved or expanding the investigation

Our Commitment

We are committed to carrying out our enforcement function in an even handed, dispassionate and fair manner to ensure that the public's confidence in the planning system is maintained.  In exercising our discretion as to whether to take enforcement action, we will have regard to whether the breach of control is unacceptable and harmful to public amenity or interests, and therefore whether there is a need to take action in the public interest.  We will also consider whether the matter could be satisfactorily resolved through negotiation.

Where the unauthorised development appears to be acceptable in planning terms it is often appropriate to seek a retrospective application in an attempt to regularise the situation.  However, should the person responsible for carrying out the development be disinclined to submit an application an enforcement notice is unlikely to be served simply to regularise the development.  In the event that the matter cannot be resolved by such means, or is considered to be of a serious nature, the District Council will always seek to ensure that the level of action taken is commensurate with the nature of the breach. 

Served enforcement notice

If an enforcement notice is served this will set out what the breach of planning control is, the reasons for taking enforcement action, the steps required to remedy the breach of planning control and the period of time for compliance with the Notice.  The notice must be served on every person with an interest in the land and therefore it can take some time to prepare the Notice.  Once served, there is a period of 4-6 weeks before the Notice takes effect and during this time anyone who has been served with a copy of the Notice has the right of appeal to the Secretary of State. 

To view a list of enforcement notices issued by the District Council please view our Public Access to Planning pages. 

Please note that Breach of Condition Notices are not yet available online.

• Related FAQs
• Related Forms
• Related Downloads

• Related Meetings & Minutes
• Related News

• Print this page
• Email this to a friend