Planning Enforcement
Town and Country Planning legislation deals with the use and
development of land. Parliament gives local
authorities powers to enforce these rules and
regulations.
Breaches of Planning Control
The relevant consents or planning approval should always be
sought prior to a development commencing or change of use unless it
is 'permitted development'. Crewe & Nantwich Borough Council
takes breaches of planning control very seriously.
Complaints about possible breaches must be made in writing to
the council, either by online form, letter, e-mail or by contacting
our Environment & Development Directorate Help Desk.
If you go ahead with your development without the required
permission, the Borough Council may ask you to make a
retrospective planning application.
If it decides that permission should not be granted it may
require you to put things back as they were.
You can appeal but if the verdict comes out against you and
you still refuse to comply you may be prosecuted.
The Borough Council can serve notices on the owners of land to
deal with breaches of planning control.
- Enforcement notices can be served to deal with development
without planning permission.
- Breach of Condition notices can be served where there is
non-compliance with a planning
condition.
- An Untidy Land notice can be served to deal with land
that is not maintained properly.
High Hedges
The legislation relating to high hedges is contained in Part 8
of the Anti-Social Behaviour Act 2003. This law requires
people to take reasonable steps to try and resolve their hedge
dispute for themselves before complaining to the Council.
Approaching the Council should be a last resort and the Council can
refuse to intervene if all other avenues to resolve the hedge
dispute have not been tried and exhausted.
The complaint must relate to:
- A line of two or more trees or shrubs that are mostly evergreen
or semi-evergreen, and are
- More than 2 metres tall, and are
- Growing on land owned by someone else, and
- Must be capable of acting as a barrier to light or
access.
A complaint cannot be made about a single tree or shrub,
whatever its size. A tree or shrub with multiple stems remains a
single tree and so cannot be a high hedge, even though it might
have a considerable spread.
Anyone making a complaint to the Council must demonstrate that
the problems with the hedge are related to its height and that the
hedge is adversely affecting their reasonable enjoyment of their
property.
An application to the Council will incur a fee payable by the
complainant.
The role of the Crewe & Nantwich Borough Council is not to
mediate or negotiate between the complainant and the hedge owner
but to adjudicate on whether the hedge is adversely affecting their
reasonable enjoyment to their property. In doing so, we must take
account of all relevant factors and must strike a balance between
the competing interests of the complainant and the hedge owner, as
well as the interests of the wider community. If we consider the
circumstances justify it, we will issue to the hedge owner a formal
notice (Remedial Notice) which will set out what they must do to
the hedge to remedy the problem, and the date by which the remedial
work must be carried out. Failure to comply with the notice is an
offence which, upon conviction in the Magistrates Court, could lead
to a fine of up to £1000.
Although not part of the Town and Country Planning Act,
complaints relating to high hedges are dealt with by our Planning
Enforcement Team. Like breaches of planning control, there is no
statutory timetable for processing such complaints although
Government guidance advises that a decision can be expected within
12 weeks. We will endeavour to reach a decision within 13 weeks,
having regard to the work involved and also to be consistent with
the timescales for handling planning applications.