Planning Enforcement Policy 2024

The aim of planning enforcement

Planning enforcement ensures that where harmful development is carried out without permission, it is remedied, either by its removal or its modification (for example, by attaching conditions to planning permission).

Formal enforcement action, such as prosecution, is discretionary and will be undertaken where it is expedient to do so. Expediency considers whether the unauthorised development causes planning harm, which means that it is in breach of the council's Development Plan or other material considerations, such as the emerging Local Plan. The existence of a breach is not, in itself, a good reason to take formal enforcement action but breaches will be subject to investigation, inspection and advice on compliance ahead of this.

Background

The planning system is important to manage the development of our communities and to preserve our historic and natural environment.

National Planning Policy guidance for enforcement of the planning system is set out in the National Planning Policy Framework (Dec 2023). Paragraph 59 is set out below and provides the foundation for the development of this Policy.

59. Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate.

Ordinarily, formal action against a breach of planning control is the last resort and the council should first give those responsible an opportunity to put things right. The council's approach will always be relative to the seriousness of the breach. When there are serious harmful effects, protracted negotiations will not normally delay formal action. It these situations it is important that the Council takes action to prevent irreversible damage or harm (for example where demolition works are occurring to a listed building).

The developer has a right to submit a retrospective planning application to seek to retain a development or change of use. These types of applications must be considered no more or less the same way as if the development had not already been carried out. In the event an application is refused, or an Enforcement Notice issued, an appeal can be made to the Planning Inspectorate. For some types of enforcement action, such as the serving of a Breach of Condition Notice, there is no right of appeal.

If the council's actions are considered unreasonable or legally unsound, its decisions can be overturned by the Planning Inspectorate, or the courts and it can be ordered to pay costs.

Enforcement can be a lengthy and complex process due to the need for thorough investigation, the legal processes involved, the nature of the breach, the site and the people involved.