Enforcing planning rules

Most people seek the necessary planning consent, before they commence a development. At times we get complaints about developments that take place:

• without planning consent;
• or contrary to planning consent conditions.

Planning Services is committed to improving the quality of its services to its customers and handle complaints in a timely fashion. Planning Enforcement is one of the most complex parts of the planning system. The Council has statutory powers to investigate breaches of planning control and the conditions attached to planning consents and to take formal action where a satisfactory outcome cannot be achieved by negotiation. However, enforcement is a discretionary power.

The purpose of planning enforcement is to resolve problems, not punish mistakes. That means that, even where there is a breach of planning control, the Council has to consider if it is in the public interest to take enforcement action. The Council is not required to take any particular action on a specific breach of planning control and, indeed, can decide that no action is necessary.

Our Enforcement Policy explains how the enforcement process works and sets out the legislation and explains what action might be taken at different stages of an enforcement investigation.

We have limited resources to deal with enforcement services. We also recognises that delays in advising what action, if any, will be taken can frustrate customers. To make the best use of resources, we review work practices to see if we can improve them. To this end, we have introduced a new system for the initial handling of service requests:

Complaints

Please note: If you want to submit a complaint, you are advised to read the planning enforcement complainant - privacy notice first. This explains how we deal with your information:

• All complaints will get a preliminary checking. This including looking at the planning history and relevant planning legislation.
• If needed, complainants will be asked to provide photos to help us.
• Customers will then be advised:
  • Whether a breach of planning control has taken place;
  • or if a breach has occurred, but is considered too minor to take formal action and the reason behind the decision. (In these cases, no further investigations or site visits would be undertaken.)

Formal enforcement action is unlikely to be taken for minor breaches of planning control, such as:

• Fences.
• Adverts that do not cause any highway issues/amenity issues.
• Development which marginally exceeds the tolerances for permitted development.

Once your complaint has been initially assessed, you will be advised if further investigations will take place.

Formal enforcement action cannot be taken just because the necessary planning consent has not been granted. Enforcement action can only be taken where:

• There has been a clear breach of planning control;
• and it is considered expedient in the public interest to take action, with regard to:
  • the National planning policy framework;
  • the Unitary development plan;
  • and all other relevant planning consideration, case law, appeal decisions.

Please note:

• We will not progress anonymous complaints. If you do not want to give your name, raise your issue with your local Ward Councillor. They can raise it on your behalf.
• Breaches of planning control are governed by legislation. They are complex and can be open to interpretation.

For more details, please read:

•  Enforcement policy(PDF 138KB)