Planning Enforcement and Compliance Performance

We receive thousands of complaints a year that people are doing something without planning permission, or nor complying with the terms of their planning permission. See our Enforcement Page.

We investigate every one and most are resolved without having to resort to formal enforcement action.

The table below shows the number of such complaints received over the last three years and those resolved without formal action. It also details the number of legal notices served.

Beneath the table is a summary of the cases we successful took to court when legal notices were not complied with.

Court Prosecutions - 2011

40 Holyhead Road

Before the Court hearing in January 2011 the defendants removed 2 unauthorised advertisements. They pleaded guilty to displaying unauthorised advertisements and failing to comply with an enforcement notice requiring the removal of a side extension.

The owners were found guilty for failing to comply with the enforcement notice and displaying two unauthorised advertisements. They were fined £3,500 plus costs of £2,650.

In relation to the unauthorised side extension, we subsequently received a planning application to retain the extension at a reduction in size, so that it complied with our policy relating to the 45º code.

19 Hamstead Hill, Handsworth Wood, Birmingham

In April 2011, the day before the first Court hearing the defendant removed an unauthorised porch and canopy. They pleaded guilty to failing to comply with an enforcement notice requiring their removal. The Court fined the defendant £4,000 plus £1,340 costs.

727 Shirley Road

In July 2011 the defendant pleaded not guilty to failing to comply with an enforcement notice requiring him to remove 2 front bay windows and pillars, but after the evidence had been presented he was found guilty.

The defendant was fined £1,000 plus £1,426 costs.

We subsequently wrote to the owner to advise that he must still comply with the enforcement notice or face a second appearance at court.

Three planning applications have since been submitted to try to reach a compromise. One of these has been approved and requires remedial works to be carried out. This site is still being monitored for compliance with this condition. However an appeal has now been lodged against one of the applications that was refused.

31 Swanage Road

In April 2010 the owner appeared in Court regarding an unauthorised rear extension. The Courts fined the defendant £2,500 and ordered him to pay costs totalling £10,352. The infill extension was subsequently demolished.

In July 2011 the defendant appeared at Court for a separate planning breach relating to the erection of two rear extensions and entered a plea of not guilty.

However, as he had not paid the above fine and costs, a warrant was issued for his arrest. When he appeared at Court later in July 2011, the Magistrates ordered the defendant to be sent to prison for 45 days.

The matter relating to failing to comply with the Enforcement Notice for the two rear extensions went to Court in January 2012, where the defendant pleaded not guilty. The jury found him guilty. he was fined £3,000 and ordered to pay £3,000 costs.

Last Updated : 12th November 2012