Breaches of planning control
How we decide when to take enforcement action
If we find that a breach of planning control has taken place, we’ll try to negotiate an informal resolution.
It’s not normally a crime to breach planning control, so we may ask for:
- a retrospective planning application
- remedial works be carried out
If we cannot reach a positive resolution through informal negotiations, we may take formal action. We only take formal action where it is needed to prevent harm and to support our planning policies. The type of action we take must be proportionate to the offence.
What happens after we receive your report
Once we have received a completed webform, we will check that it relates to planning enforcement if we consider it does we will setup an enforcement case.
Once the application has been setup, we will apply three questions:
- Has there been development?
- Is it permitted development?
- If there has been development, is it immune from enforcement action?
When we will close the case
Where there has been no development or the development that has been undertaken is permitted development, we will close the case.
If we need further information to triage your complaint, we will ask you for it. If we don’t receive the further information requested within 10 business days, we will close the case.
If another service or organisation is better placed to investigate your issue we will signpost you to them.
When we will investigate further
The Planning Enforcement officer will investigate. They will impartially gather the facts and merits of the case and make a judgement on whether there is a breach and whether the breach is harmful.
After we’ve triaged your complaint, if we identify a breach of planning control, we will allocate your complaint to a Planning Enforcement Officer for investigation.
If it is harmful, we’ll consider whether it is practical and in the public interest to take formal planning enforcement action.
Where the complaint relates to irreversible harm to the natural or historic environment, or public amenity would result, we will prioritise the investigation. Examples include works to protected trees; works affecting the character of a listed building; demolition works in a conservation area; serious traffic safety hazards; contamination or pollution being created; development where there is actual or imminent residential occupation that could be harmful to the prospective occupant and/or the environment/public amenity.
If the breach results in little or no harm we mayl negotiate a resolution by requesting a retrospective planning application or request that works are carried out to resolve the issue, or close the case if we consider the case to cause minimal harm. We will write to you to let you know the outcome of the case.
This will take some time. Complainants should not email the service for a response, as this takes resources away from the Enforcement Officers who will be focussing on dealing with Enforcement cases as quickly as they can. If you have reported a breach and an investigation is started, we will send you an acknowledgement letter confirming the reference and the name of the investigating officer.
When development can be removed
Where the breach results in moderate or significant harm, or planning permission isn’t likely to be given, we will ask the developer to remove the unauthorised development.
If the unauthorised development remains after the given period and is still causing harm, we write an expediency report. The report sets out:
- our analysis of the case
- apply planning policy
- consider any other material planning issues, and
- makes our recommendation
Our recommendation will either be to close the case, as it is not expedient and in the public interest to pursue, or to take formal planning enforcement action.
When the recommendation is that we don’t take action, we will close the case.
When the recommendation is that we take formal planning enforcement action, we will prepare and issue an appropriate notice, commence prosecution proceedings, or seek an injunction.
We will not keep you updated other than when we have decided what (if any) action to take. You should not email asking for an update. It is likely to take many months before a decision on a breach is made.