The Planning Enforcement team have a standard process they will follow when an alleged breach is reported. We will only follow all the steps if a formal notice is issued.
The Service Manager’s authorisation is sought and granted prior to formal action being taken. The authorisation of a Senior Officer is sought and granted prior to an enforcement case being closed.
The best way to report a matter to us is to complete our online form. Completing the form will help you to provide the information we need. You should try and give us as much detail about the issue and the harm it is causing. You can also attach photographs to your report. Please include all the required details.
If you do contact us without using the form, we will still require the same level of information.
Report an alleged breach of planning control
If any vital information is missing from your report, a member of the team will contact you. We may also discuss the matter to get a better understanding of the issues and to tell you whether we are able to assist.
If an investigation is not necessary, an enforcement case will not be created, and no further action will be taken.
Where an investigation is required, an enforcement case will be created. We will send you an acknowledgement email or letter. It will give you the reference number of the case.
Where other agencies or regulatory teams within the council could achieve a more effective outcome, we pass the matter to the relevant team or agency to progress or to collaborate with us as part of a wider multi-disciplinary response.
To ensure that we can focus on the most serious breaches of planning control, as part of the triage assessment, complaints will be prioritised in accordance with the following categories:
High Priority Complaints - Investigation to commence within 5 working days from acknowledgement of the complaint.
Medium Priority Complaints - Investigation to commence within 1 month from acknowledgement of the complaint.
Low Priority Complaints - Investigation to commence within 6 months from acknowledgement of the complaint.
The case will be assigned to an Enforcement Officer who will carry out a detailed investigation. This could include:
If a breach of planning control is confirmed, we will continue to step 4.
If no breach is found or there is a technical breach not warranting further action, we will close the case. We will write to you and give you a summary of our findings.
In all but the most serious cases, we aim to negotiate compliance rather than pursue formal enforcement action. This is providing we can reach an appropriate resolution in good time. The Enforcement Officer will work with the party who is in breach of planning control to find an appropriate outcome to remedy the harm caused by the development in its current form. There are several potential outcomes that could be agreed:
If negotiations are successful, the case will be closed. We will write to you and give you a summary of our findings and the outcome.
If negotiations are unsuccessful, we will proceed to step 5.
The Enforcement Officer will look at the details of the case and will:
This step of the process determines whether it is appropriate for the council to take formal action. This is called a test of expediency and is in line with Government guidance.
If the council decides that it is not expedient to take formal action, the case will be closed. We will write to you and give you a summary of our findings and the reason we consider that formal action is not expedient.
If the council decides that is expedient to take formal action, we will continue to step 6.
The council has legal powers to serve a notice that can order the landowner remedy the breach. This is known as enforcement action.
Enforcement action is used to describe the legal power that the Council can use to serve a notice to remedy breaches of planning control.
The council can pursue a prosecution to ensure that enforcement action is effective. In the most exceptional circumstances, the council can seek an injunction in the County Court or the High Court.
The Enforcement Officer will:
This step will be completed when the officer visits the site to serve a formal notice. The investigation phase is now complete. We will write to you and give you a summary of the outcome of the case within 25 working days of closing the case.
Where enforcement action is taken and any notice issued is not being complied with, the council would usually seek to prosecute or seek an Injunction in respect of non-compliance. Direct action will rarely be taken and only as a last resort. Prosecution action for an offence will only be taken where the evidential and public interest tests have been met.