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This usually takes the form of an Enforcement Notice which specifies what is wrong, what needs to be done to remedy the problem, and the rights of appeal against the notice itself. Situations in which enforcement action may be taken include:

• Development which has taken place without Planning Permission, and
• Development taking place which is at variance from that specified in a Planning Permission.

If an enforcement notice is ignored, or if the offending building or activity remains in place after the dismissal of an enforcement appeal, the offender can face prosecution in court. A fine may follow, together with an order to remove the offending development.

Additionally, the Council has powers to serve a Breach of Condition Notice against development taking place at variance to conditions attached to a Planning Permission. There is no right of appeal. If the specified problem is not rectified within a stated time period, direct prosecution can result against a person on whom a Breach of Conditions Notice is served.

Very occasionally urgent action is necessary to prevent serious breaches of planning law. For example, the Council may discover that a person is in the process of undertaking extensive damaging works to a listed building which, in a senior officer’s opinion, would not receive Listed Building Consent. When such instances occur, the Council will serve a Stop Notice requiring all work to stop immediately. In a few cases, legal action will be taken against persons guilty of an offence under planning law.

The unauthorised alteration, damage or demolition of a listed building is a criminal offence which can result in a heavy fine or imprisonment, together with a requirement to restore the harmed building. Likewise, if works are carried out to a tree that is subject to a Tree Preservation Order or within a Conservation Area without consent, the offender may be fined and required to plant a replacement tree. The illegal display of advertisements can also lead directly to a prosecution.

The Council is responsible for making sure developments in the Borough do not take place without the correct permission. If a development has been carried out without necessary permission or not in accordance with Planning Permission which has been granted, the Council will normally seek the voluntary co-operation of those responsible to resolve the issue.

Confidentiality

If you have reported a breach of planning control, details of your issue will be dealt with in the strictest confidence. Wirral Council has a policy of accepting anonymous complaints, but if you do give your name and address, they will not be repeated to the person or organisation involved in the alleged breach.

However, if you do not give us your personal details, it will be impossible to keep you informed of the progress and it may hinder the success of any investigation.