Planning Enforcement Policy 2024

The council will investigate breaches of planning control. Formal enforcement action will only ever be taken as a last resort, where all other options for resolving the matter have been exhausted. Formal action will only be taken where it is 'expedient' to do so, considering planning policies having regard to the public interest.

Proportionality

The council will prioritise those breaches where there is a higher risk of harm or where the damage caused is significant or irreversible.

The use of planning enforcement powers is discretionary, and the council must decide when it is appropriate to use them. Not every breach of planning control will lead to formal action. In some cases, such as waste management operations, other council teams with different enforcement powers or other regulatory bodies may be better placed to address the matter causing concern. The council will work with external bodies where appropriate to provide a joined up and coordinated approach to enforcement.

National Planning Policy (paragraph 59) states that councils should act proportionately when deciding to take enforcement action. While the council will take the opinions of complainants into consideration, the council will ultimately decide if formal powers should be used.

To guide these decisions, the council will consider the following principles:

• the principles set out in the Wiltshire Council's Enforcement Policy 2024 (or as amended), the Regulators Code and national and local planning policy
• and be guided by the following principles:
  • planning harm - the impact that a breach has on the environment and people
  • proportionate - the response should be commensurate to the level of harm being caused by the breach
  • the likelihood of planning permission being granted were an application to be submitted
  • deliberateness and deception - where it is clearly evident that a breach has been planned or committed for a certain purpose. Where the breach has been deliberately concealed