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.

Our approach

The council will respond to alleged breaches of planning control. We will assess the harm caused and decide what action is required.

The council will work with people to ensure that people understand and are complying with planning legislation and that breaches of planning control are resolved. The council will give reasonable time to resolve matters; however, if progress is not made, consideration will be given to using the range of enforcement powers available in order to resolve matters.

Monitoring will be undertaken, and if necessary enforcement, of minerals and landfill permissions according to best practice procedures.

In certain situations, we will proactively investigate a matter where there is a concern that a breach may occur or where there is a high risk of harm being caused by a breach of planning control.

A breach of planning control occurs when development or activities are carried out without the required planning permission or in a manner that does not comply with the approved plans or conditions attached to a planning permission.

This can include:

• unauthorised development: erecting buildings or structures without planning permission; unlawful earthworks or engineering operations 
• change of use: changing the use of land or buildings without planning permission.
• non-compliance with conditions: failing to adhere to conditions or limitations imposed by a granted planning permission.
• unauthorised works to a listed building: carrying out works to a listed building without the necessary listed building consent.
• breach of advertisement regulations: displaying advertisements without the required consent.
• damage to protected trees: carrying out work on protected trees (those subject to a Tree Preservation Order or within a conservation area) without consent.

Local planning authorities are responsible for investigating alleged breaches and have the power to take enforcement action if necessary.

The council will keep a record of all complaints made relating to breaches of planning control. Complaints will need to be in writing with the name and address and contact details of the complainant. Part of any investigation is understanding the harm being caused, notably to the party complaining.

We aim to treat complainants' personal details in confidence but if formal action results, we may ask the complainant to help in assisting the council when building its case. A successful outcome could depend on the complainant's support.

Anonymous complaints enquiries will not normally be investigated as it can be difficult to verify information about the allegation. Any investigation under such circumstances will be at the council's discretion.

The council relies on the support of its communities to help carry out its enforcement functions. Complainants will be asked to supply as much information as possible. This will help the council to more quickly understand the impact of an issue and assess what action is required.

Those who are making enforcement complaints will be asked to provide:

• a clear description of the alleged breach
• why it is considered to be a breach of planning control
• how the breach is harmful; for example, noise, traffic, smells
• when the activity started; is it happening now, how long has the activity been taking place, is it getting worse?
• a specific site address (if it is a field, describe the surrounding area to help identify the exact site and if possible, an annotated map, grid reference or what3words reference)
• the name and contact details of the site owner/occupier/other responsible person(s) where known
• name and contact details of the complainant
• any other information which would be helpful

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

We will undertake initial investigations as quickly as possible. However, the council aim to undertake some investigations more quickly as set out below.

Priority 1

Immediate threat to public safety, substantial damage to or loss of statutorily protected buildings, trees or areas.

Priority 2

Adverse impact on protected areas and residential amenity. Breaches of conditions and legal agreements resulting in serious harm to neighbours, affected parties and/or the environment. Unlawful adverts in protected areas. Unauthorised development where it is possible that the time for taking enforcement action could expire within the next six months.

Priority 3

The breach is of a minor nature which does not cause immediate/long-term harm or loss of amenity.

Vexatious complaints

If the complainant appears to be motivated by issues other than planning harm, the council may consider that it would not be in the public interest to investigate. This may include where complaints are made purely on trade competition grounds or motivated by neighbour disputes.

There are several ways an investigation can evolve. Some can be resolved very quickly, while others may go on for many months or even years. Some investigations may evolve over time and different actions be required. The process is made up of two phases (see investigation process flow, for an overview of the process).

Phase one, initial investigation

Investigate and try and resolve the issue through informal means. This phase will also determine at an early stage where something is not a breach ('permitted development') or where a breach is minor or insignificant.

Phase two, formal action

This will be taken when someone has been given an opportunity to act at the initial informal action stage, but it has failed to achieve a positive outcome and resolve the matter. This is where the council will consider the use of formal enforcement powers. 

What is expected 

The council expects that people will take breaches of planning control seriously and will work to resolve them as quickly as possible. People in breach of planning control are expected to:

• prioritise resolving the issue
• proactively work to resolve the matter
• keep officers updated on progress
• engage agents and experts to assist them where necessary

Timeframes for compliance

Officers will work with land owners to assist people to achieve compliance. This may include giving people timeframes to achieve certain actions (for example, applying for planning permission or time to cease an activity or remove development).

The council will be reasonable in setting these timeframes and will consider the circumstances of persons involved. It is understood that circumstances can change and delays can occur, and so consideration will be given to allow extra time. Evidence should be provided to demonstrate that progress is being made.

Asking for more time

The council will consider extending timeframes for compliance where there has been a change is circumstances or where some progress has been made but a delay has occurred. The council will also consider if granting more time is likely to result in the breach being resolved.

Where more time is needed, people in breach of planning control are expected to clearly set out:

• in writing why they need more time
• how much time they require
• reasons for the delay
• evidence of the delay
• evidence of what progress has been made

If the request for more time is not reasonable or some progress has clearly not been made, the council will consider progressing to the next stage in the enforcement process.

As a general guide the council will apply the following timeframes:

• to submit a planning application (where invited to do so by the council): 28 days
• to tidy land: 28 days
• to remove an unauthorised structure: two months
• to cease a commercial use: three months
• to cease a residential use (including traveller, or gypsy site): six months

Where the breach is causing an adverse effect on amenity or creating a nuisance, these timeframes may be shorter. The council will also consider if there are special or personal circumstances that would require a longer period for compliance. The timeframes are a matter for the council to determine but the council will endeavour to ensure that enforcement action is consistent by taking a similar approach in similar circumstances.

The council has the following Key Performance Indicators (KPIs) for its planning enforcement service.

Registration

We aim to register:

• 95% of new enquiries within three working days of receipt
• 95% of enquiries within 10 working days of initial site visit

Primary Enforcement Action

Site visits

We aim to respond to as follows: 

• priority 1, to respond to 80% in 24 hours
• priority 2, to respond to 95% in five working days
• priority 3, to respond to 95% in 15 working days

Reaching first decision

We aim to reach first decision as follows: 

• priority 1: within five working days of visit
• priority 2: within 10 working days of visit
• priority 3: within 15 working days of visit

Secondary Enforcement Action

We aim to make a decision on taking secondary enforcement action within 10 working days of a deadline. For example, if the council gives 28 days for a planning application to be submitted, and this is not actioned, a decision on taking secondary action will be taken within 15 working days of the 28 day deadline.

We aim to assess compliance with secondary enforcement action deadlines within 10 working days.

Tertiary Enforcement Action

We aim to make a decision on taking tertiary enforcement action within 15 working days of a deadline, for example, where an Enforcement Notice has been served and the deadline for compliance has expired, a decision on taking tertiary enforcement action will be taken within 15 working days.

We aim to assess compliance with tertiary enforcement action deadlines within 10 working days.

Case Completion

We aim to complete: 

• 80% of priority 1 cases within one year
• 80% of priority 2, and priority 3 cases within six months

The council has a formal complaints procedure which ensures that any complaint regarding the provision of a service is dealt with quickly, consistently and helpfully. Complaints can be conducted in writing, by telephone, email, or completing a complaints and suggestions form online: Making a complaint.

Feedback about how the council's planning enforcement service is carried out is always welcomed. This helps to inform the way the service evolves to meet customer expectations. Please submit any suggestions for how the service can be improved, to the Director of Planning at developmentmanagement@wiltshire.gov.uk (opens new window).