Planning enforcement

1. Enforcement is governed by rules set out in statute. These rules are used to identify whether there has been a breach and provide tools specific to the type of breach. Statutory rules also govern the availability, timeframes and process of appeals.
2. The statutory rules provide some general principles that are fundamental to the planning enforcement process and determine the scope of enforcement action. Over time, a considerable body of case law has grown around these rules and provides guidance.

Expediency and Discretion

3. The council is not required to enforce simply because a breach has occurred. Enforcement action is discretionary and where a breach causes little or no harm, or where it may otherwise accord with our planning policies, we may conclude there is no justifiable planning reason to take action or there is little or no adverse impact. Planning 7 enforcement notices for unauthorised development (including change of use) require the council to decide whether it is expedient to enforce the breach of planning control. Breach of condition notices do not need to satisfy the expediency test, because the reasonableness of the conditions would have been demonstrated at the time of granting the planning permission.
4. As a general rule, if planning permission would likely have been granted had an application been received, it would not be appropriate to enforce. This in-built discretion is how the Government intends this form of regulation to operate. An example of this might include a minor or insignificant change in design that raises no new planning issues. Matters such as listed buildings in need of repair or land adversely affecting amenity do not fall within this rule. 

Informal and formal action

5. We recognise that not all breaches are intentional, and the council will usually try to resolve the situation informally, with an explanation as to why the council considers a breach has occurred and then through negotiation with the responsible party.
6. If negotiation is not successful, we have a range of enforcement powers at our disposal. These include service of enforcement notices, breach of condition notices, section 215 (harm to amenity) notices, listed building enforcement notices, discontinuance notices, high court injunctions and even criminal proceedings where an offence has been committed. Appendix B lists these powers in more detail.
7. The council will use a range of tools at its disposal when carrying out investigation into alleged breaches of planning control. Most investigations are carried out by an Enforcement Officer visiting the site.
8. Non-compliance with a notice or appeal may result in prosecution.

Proportionality

9. Use of these powers must be carefully weighed against the severity of the breach. National policy explains that enforcement action should be proportionate to the harm caused and should take into account the council’s adopted planning policies and other relevant material considerations
10. We must also consider the impact of our actions on affected parties, including their human rights. Our adopted Development Plan, which is currently the Borough Local Plan (adopted 2022), together with associated documents, can be found on the council’s website.

Communications

11. If you have reported a breach and an investigation is started; we will send you an acknowledgement letter confirming the investigation reference and the name of the investigating officer.
12. We will aim to keep you updated at key points in the enforcement process, for example when a site visit has been carried out and we are able to confirm if there is or isn’t a breach, when we have decided what action (if any) to take and when the case is recommended to be closed.

Time limits

13. Breaches of planning control become lawful over time if formal enforcement action has not been taken. This is set out under section 171B of the Town and Country Planning Act 1990. These limits are summarised in the table below:

Your Role

14. We may ask you for further information in the form of written statements, logs, photographs or evidence. If an appeal is lodged or an investigation progresses to court, you may also be asked to appear as a witness. Your help can be an essential component of taking successful enforcement action.