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Planning Enforcement

Overview

Planning enforcement deal with cases where development has been carried out without permitted development rights or planning permission, unauthorised advertisements, tree protection, and non-compliance with conditions attached to planning approvals.

Land at Spade Lane Hartlip (July 2016)

The Council is addressing the unauthorised occupation of land at Spade Lane, Hartlip, and has successfully applied to the High Court on a number of occasions for High Court Injunctions, the first being granted on the 18th May 2016, at which time no occupation of the land had occurred.

A number of further applications to the High Court for the continuation of the initial Injunction and an additional Injunction have also been successful. However, despite the presence of these Injunctions, occupation of the land has occurred. The Council was in the High Court on Tuesday 5 July 2016 attempting to seek the support of the Court to remove occupiers from the land. However, the court has requested further reports be prepared by the Council and has listed the case for hearing on the 5th and 6th September 2016.

Want to inform us of a planning issue?

If you are concerned about a development near you which you think does not have planning permission, you can tell us or ask us about it by using our online enforcement complaint form.

Report a Planning Breach

Alternatively, you can contact us by post

Planning Enforcement
Planning Services
Swale Borough Council
East Street
Sittingbourne
Kent ME10 3HT

Please note that all complaints will be dealt with confidentially.

Where unauthorised development has taken place, the Council may take enforcement action. This is a discretionary power, which Government states should only be undertaken if the Council would not have granted planning permission had an application been submitted.

Enforcement Notices

Are legal documents which can be served on people who have built something without the required permissions.  A notice could:

Anyone receiving an enforcement notice can appeal to the Planning Inspectorate.

Guidance about making an appeal against an enforcement notice is available on the Planning Portal.

Planning Enforcement Strategy

View the planning enforcement strategy and service charter.
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