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 complaint, we will triage it. During the triage process, we will apply three questions: 

  1. Has there been development? 
  2. Is it permitted development?
  3. 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

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. They will impartially gather the facts and merits of the case and make a judgment on whether the breach is harmful. 

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, we will prioritise the investigation. 

If the breach results in little or no harm we will negotiate a resolution by requesting a retrospective planning application or that works are carried out to resolve the issue. We will write to you to let you know the outcome of the case.

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.

 

Last Modified: 04/04/2023 09:23:49