The role of the Planning Enforcement team is to deal with alleged breaches of planning regulations that are reported by members of the public, councillors or other departments of the council.
The team also monitors conditions that have been imposed upon planning permissions, and checks that development is being built in accordance with the planning permission.
Local planning authorities have discretion to take enforcement action, when they regard it as expedient to do so having regard to the development plan and any other material considerations. The council's decision to take enforcement action is discretionary and each decision to do so has to be justified as ‘proportionate' and ‘expedient'. This means that any action must be appropriate to the amount of harm caused by the alleged breach. Planning enforcement action cannot be taken simply because there has been a breach, particularly where this results in limited or no harm to local amenity
The Planning Enforcement team can consider issues including:
Not all development requires consent. A great deal of building work and changes of use can be undertaken without the need for planning permission. This type of development is commonly referred to as ‘permitted development'.
A breach of planning control occurs where planning permission is not obtained before development takes place (where it is not permitted development). It is not an offence to carry out development without any necessary planning permission.
The display of advertisements, and works to protected trees or nationally listed buildings which have taken place without the relevant consent are however criminal offences and can be prosecuted in the magistrates' court or a higher court. Such breaches can result in significant fines, an award of costs against the perpetrator and potentially a prison sentence.
Complainants must provide their name and address before any alleged breach can be investigated. This will enable the council to contact the complainant if any further information is required and enables the council to update the complainant about the outcome of its investigation. The complainant's details will be kept confidential. Anonymous submissions will not be accepted.
What information is required for an alleged breach to be investigated?
- The address of the land or buildings where the alleged breach has taken place. If the report relates to land the exact location of the land must be included.
- Details of the alleged breach.
- The name and address of the person reporting the alleged breach.
- Details of how the alleged breach is causing harm.
- Please include photographs if you are able to do so.
- Any additional information that may be relevant to the investigation or details of other interested parties.
What are the stages of an investigation?
- All submissions go through a triage process, which includes a site history search. Cases may be closed at the triage stage where the matter being reported is not a planning matter, where another department is best placed to deal with the matter or where there is no obvious breach of planning regulations. The complainant will be advised by email if a case is closed during the triage process.
- If following the triage stage a case is created for further investigations it may be necessary to ask the person reporting to complete diary sheets to support their submission. The completion of diary sheets is required where the alleged breach relates to:
- the breach of conditions for construction hours
- the breach of conditions for hours of opening
- operating a business from a residential dwelling where planning permission may be required
- any other matter where diary sheets may be deemed necessary
- Enforcement cases are prioritised high and medium according to the nature of the alleged breach and the degree of harm caused. Individual cases may be re-prioritised as the investigation proceeds.
- Research on the property will be carried out, including the planning history. Where necessary, enquiries will be made in order to establish the details of the owner or anyone with an interest in the land.
- Where necessary, a site visit will be carried out (in the instance of high priority cases the initial site visit may be carried out with minimal research).
- An initial response will be provided to the person who reported the alleged breach and if appropriate also to the person carrying out the development.
- Specific details of an investigation will not be shared with any party.
Prioritisation
The following criteria will be applied to the prioritisation of enforcement cases:
High priority
- work that causes a danger to the public
- significant works including alteration of or damage to nationally listed buildings
- unauthorised works to trees that are protected by a Tree Preservation Order or that are within a conservation area
- any other development that causes irreversible harm
We aim to make an initial response to the complainant within 21 days of the receipt of the submitted report.
Medium priority
- unauthorised works, or breaches of condition, that are considered to cause a significant harm to amenity
- councillor or MP referrals
- significant development within a conservation area
- all other development
We aim to make an initial response to the complainant within 35 days of the receipt of the submitted report.
Enforcement officers will provide updates at the following stages:
- Initial response
- When the case is closed
- If a planning application is submitted, as a result of the enforcement case
- If formal enforcement action is taken
- If an appeal against formal enforcement action is made
- If the matter results in prosecution
If the investigation is concluded within 21 days or 35 days, depending on the case priority, the case officer may dispense with the initial response.
Initial responses
An initial response may include one of the following responses:
- There is no planning breach, and the case will be closed
- There is a planning breach, but it is not expedient to take formal planning enforcement action and the case will be closed
- Further investigations are required to ascertain whether a breach has occurred
- There is a planning breach which will be investigated further
What action is taken where a breach of planning regulations is found to have taken place?
Once an alleged breach has been investigated and a breach identified, there are a number of options available, depending on the severity of the breach. The council may:
- negotiate a satisfactory solution.
- seek the submission of a retrospective planning application.
- if no application is forthcoming or the breach is serious then the council may decide to serve an enforcement or other notice, which will require works or actions to be undertaken, in order to remedy the breach. The individuals or organisations on which this notice is served do have the option of making an appeal against it.
- if an application is forthcoming, then the planning enforcement case will likely be held in abeyance pending the outcome of the council’s decision. Planning applications are the subject of separate timescales and lie outside the control of the enforcement service. If the planning application is refused, and the planning harm resulting from the breach is significant/serious then enforcement action is likely to proceed as described above.
- no action taken, if the harm resulting from the breach of planning control is ‘minor or the development accords with local plan policies then no action may be justified. The enforcement of planning control is a discretionary power and the exercise of it must be both proportionate and expedient.
Report a planning breach
This page was last updated on 13 November 2024