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Response 3891956

Response to request for information

Reference

3891956

Response date

30 January 2026

Request

Please may you advise if there are any open planning enforcements for properties within your local authority in any of the below listed categories, and if so please may you provide the details:

  • Enforcement notices
  • Stop notices
  • Listed building enforcement notices
  • Breach of condition notices
  • Planning contravention notices
  • Other notices relating to breach of planning control
  • Listed building repairs notices
  • In the case of a listed building deliberately allowed to fall into disrepair, compulsory purchase orders with a direction for minimum compensation
  • Building preservation notices
  • Directions restricting permitted development
  • Orders revoking or modifying planning permission
  • Orders requiring discontinuance or use of alteration or removal of building or works
  • Proceedings to enforce a planning agreement or planning contribution

By 'open', we refer to notices which have yet to be complied with or 'closed'.

We only require the reference numbers, description and any relevant dates.

Response

  • Enforcement notices
  • Stop notices
  • Listed building enforcement notices
  • Breach of condition notices

All of these types of notices are published and searchable on our website; https://planningon-line.rushcliffe.gov.uk/online-applications/ Planning Enforcement notices are never fully complied with as they have enduring effect in the event that the breach is recreated after it has been removed. As such your request would require us to provide details of every enforcement notice issued which has not been quashed on appeal and the time to collate this information would exceed reasonable limits and be chargeable.

Planning contravention notices

These notices do not feature on published enforcement registers and by their nature represent information gathered and produced in connection with regulatory enforcement. There is an exemption under the FOI Regs Section 30(2)a(iii), which states as follows:

30 (2)Information held by a public authority is exempt information if—
(a)it was obtained or recorded by the authority for the purposes of its functions relating 
(iii)investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment,

In respect of the reference to ‘purposes specified in Section 31(2), in this case the specific clauses is 31(2)c:

C) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

In this case the regulatory action into which the council would be investigating would be action under the Town and Country Planning Act 1990 relating to a potential breach of planning control.

In addition Section 30(3) states:

(3)The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).

As such the council would not be required to provide this information requested if it were held by us, but in addition we are also not required to confirm that we do hold any such information. There would be an obvious concern surrounding releasing such documents, particularly where a suspicion that a breach of planning control had occurred proved to be erroneous. Even simply providing reference numbers could allow the property in question to be identified.

Other notices relating to breach of planning control

We are unclear as to what notices this would include.

Listed building repairs notices

None

In the case of a listed building deliberately allowed to fall into disrepair, compulsory purchase orders with a direction for minimum compensation

None

Building preservation notices

None

Directions restricting permitted development

We have one article 4 direction reference: 25/00927/ART4, which is available via our website: https://planningon-line.rushcliffe.gov.uk/online-applications/

Orders revoking or modifying planning permission

None

Orders requiring discontinuance or use of alteration or removal of building or works

None

Proceedings to enforce a planning agreement or planning contribution

Such proceedings once filed, would be a matter of public record available on application to a court. Whilst courts charge for this information, it is publicly available and is therefore exempt from release under section 21. There are not currently any matters under investigation likely to escalate to court to enforce planning obligations.

FOI Responses Planning - 2026