Planning enforcement

Planning enforcement investigates alleged breaches of planning control and aims to resolve these using the most appropriate action. In Maidstone, the Borough Council is responsible for enforcing control for all planning matters other than minerals or waste development which are the responsibility of Kent County Council.

The Planning Enforcement Team investigate cases from the initial receipt of the alleged breach of planning control through to the closure of the case, including the service of any formal notices, appeals, and court action. Additional legal support, particularly in the drafting of the relevant legal notices, is provided by the council’s Legal Section.

Planning enforcement is a very complex area. This is because the Town and Country Planning Acts seek to strike a balance between the freedom of owners to use or alter their property as they wish, with the need to safeguard the amenities of their neighbours and conserving historic buildings and areas.

If you have any concerns about a development or want to find out more about planning enforcement:

See our Guide to Planning Enforcement
See our Frequently Asked Questions page

Complaints can be made in writing, by calling 01622 602736 or emailing customerservices@maidstone.gov.uk

Please note: If you phone us, you may be asked to fill in a form, without which your complaint cannot proceed.

The relevant enforcement legislation is itself complex and is qualified by High Court judgements and appeal decisions made by the First Secretary of State. There is also a considerable body of Central Government advice which must be given due regard in each case. The resultant enforcement procedures operated by Maidstone Borough Council may therefore appear complicated. In line with this, the information contained on this website can only be a guide to Maidstone’s enforcement service and is not intended to be a definitive guide to planning law.

be further investigated.

The primary function of planning enforcement is to protect the public and the environment from the adverse impacts of unauthorised forms of development and non-compliance with conditions attached to planning decisions made by the council.

The council is responsible for the enforcement of all planning controls and regulations in the borough and it is our aim to carry out our enforcement functions in practical and consistent manner, which helps to promote public confidence in the planning system.

In general terms a breach of planning control can be identified as:

the carrying out of development including a material change of use of land or buildings without planning permission
the carrying out of development not in accordance with the approved details of a planning permission
failure to comply with a condition attached to the grant of planning permission