Planning enforcement

1. Our guiding principles are to protect amenity (such as a residential amenity) and to act fairly, consistently and proportionately.
2. Any action proposed must be proportionate to the breach of planning control to which it relates.
3. We will tailor each investigation according to the requirements of the legislation and follow best practice guidance. For example, for planning enforcement notices relating to unauthorised development (including change of use), we aim to answer the following questions during each investigation:
    
   • Is there development?
   • Is there a breach of Planning Regulations? 
   • Can the breach be resolved through negotiation?
   • Is the breach causing harm? 
   • Is enforcement expedient?
      
4. If the council considers action should be taken, further questions arise, such as:
   • What steps should be required in the notice* to remedy the problem?
   • How should these steps be carried out? 
   • When should these steps be completed?

* Details of Notices can be found in Appendix B.

5. For everyone’s benefit, enforcement notices should be clear, precise, and accurate. This means the council needs sufficient detail and evidence to draft a notice that, in the public's interest, contains reasonable grounds that could be enforced in court.
6. Resolution without the need for formal legal action is a primary aim since this resolves the planning breach in the most effective way. Formal action may be considered where this is not possible.
7. Certain breaches, such as felling a protected tree without consent, are an offence which could result in prosecution.