Planning enforcement

Denbighshire County Council can investigate breaches of planning control. How we carry out these investigations is set out in our planning compliance charter. You should read the charter if you’d like to report a planning breach or if you are alleged of carrying out a breach. 

Planning compliance charter

Unauthorised Gypsy/Traveller site between Llandegla and Bwlchgwyn

The Council has served a planning Enforcement Notice in relation to the above site, and we continue to receive a high volume of queries about the case. In response, we are providing updates about the case here.

The current status of the case is as follows:

An Enforcement Notice has been issued to require the restoration of the site to its prior, authorised state. The period for compliance with the Notice elapsed on the 6th May 2021, but its recipients have not complied with the requirements of the Notice. The Council has therefore carried out a partial clearance of the site. The Council is actively considering what further steps we can take to enforce compliance. We have obtained independent legal advice to ensure that our next steps are compliant with the law.

This status was reviewed on the 29 April 2022 and is reviewed regularly. A further status update will be provided in due course.

Unauthorised Gypsy/Traveller site between Llandegla and Bwlchgwyn: Frequently Asked Questions

Further information about how the Council deals with alleged planning breaches is provided in our planning compliance charter.

We investigate the following breaches of planning control:

  • Development (i.e. building works or a change of use of land) which requires planning permission but has proceeded without it
  • Development which has proceeded contrary to plans approved by the Council as part of a planning permission
  • Development which has proceeded contrary to conditions imposed by the Council as part of a planning permission
  • Unconsented alterations to Listed Buildings
  • Unconsented demolition of structures in a Conservation Area
  • Wilful damage to protected trees, i.e. those which are subject to a Tree Preservation Order or located within a Conservation Area
  • Uprooting of non-domestic hedgerows
  • Advertisements whose display requires consent but does not have it
  • Untidy properties which are having a detrimental effect on the wider area

Report a planning breach

If you would like us to investigate a possible breach of the planning rules, you can report a planning breach online.

Report a planning breach online

All personal details are confidential and will not be made public while dealing with the complaint. However, on rare occasions, with serious breaches of planning control which result in an appeal, we are required to give the Planning Inspector and the appellant details of the complaint, which will include your name and address.

You may also be invited to provide a witness statement to support your complaint and to help us, but this is voluntary.

Unless you have a special reason for not giving your details (which you have explained to an enforcement officer), anonymous complaints will not be investigated. 

When planning enforcement action is not possible

We will not be able to take enforcement action in the following cases;

  • If the work does not need permission.
  • If the development already has the necessary permission.
  • If the work has become legal because of the passage of time, even if it did not have permission in the first place.
  • The breach is deemed minor with no significant effects. 
  • Where a non-planning issue is identified. In these instances we will pass the complaint to the relevant department of the Council or other body.

Appeals

If you have received an enforcement notice which you disagree with, then you can appeal to the Planning Inspectorate Wales. 

The Planning Inspectorate must receive an appeal before the date the enforcement notice comes into force.

Once an appeal against an enforcement notice is lodged, the matter is on hold until the Inspector issues his decision. Prosecution is not possible at this time

Make an appeal to the Planning Inspectorate Wales (external website)

You can find guidance for making an appeal on Planning Portal or contact us for more details.

Find out how to make an appeal if you have been refused planning permission.