What are the possible outcomes of an investigation

No breach found

Following a site visit or desktop study we may find there is no breach of planning control. This can be because, for example:

• Development has taken place, but a planning application is not required as the development is ‘Permitted Development’. This means planning permission is deemed to be granted under the Town and Country Planning (General Permitted Development) (England) Order 2015.
• There is insufficient evidence to confirm the allegation.
• The development already has planning permission.
• The works do not constitute development.A planning breach is established, but is now immune from enforcement action

The investigation reveals that a planning breach has occurred, but because it has been occurring continuously for so long, it is now immune from enforcement action.

• For all development substantially complete after 26 April 2024, this period is 10 years.
• Prior to 26 April 2024:
• •  For development involving building, engineering, mining or other operations the period is 4 years;
  •  For development involving the change of use of any building to use as a single dwellinghouse the period is 4 years;
  • For any other breach of planning control the period is 10 years.
• There is no immunity for breaches of listed building control and relevant demolition.
•  Under certain circumstances unauthorised advertisements can gain a deemed consent through continual display for 10 years.
• There is no immunity from prosecution for the felling of protected trees. Although there is a statutory limit of 4 years for the LPA to serve a Tree Replacement Notice from the date of which the trees should have been replanted.

There is a breach of planning control but is not considered ‘expedient’ to pursue

Just because a breach may exist this does not automatically mean that formal action will be taken. We will not take formal action against a breach of control that causes no real planning harm. Expediency is a test which assesses the level of harm the development is causing, whilst having regard to the development plan policies and other material considerations.

Even when we do not take formal action, we will record the breach of planning control and may advise the developer and/or landowner, as appropriate.

Negotiations take place to find a solution

Where the breach of planning control is unacceptable, but no irreparable harm to an amenity is continuing, we try to negotiate a solution without recourse to formal enforcement action. Negotiations may involve the reduction or cessation of unauthorised development.

The council will consider the specific circumstances of the individual case during negotiations. This can often be the quickest way of resolving an issue.A retrospective application is invited and submitted

We will invite a retrospective planning application where:

• There is a reasonable likelihood that we may give planning permission, or
• Where a development may be made acceptable by imposing suitable conditions to control how it takes place.

The development will be subject to the planning application process and assessed against planning policies. The views of residents are taken into account. The contents of the enforcement investigation are not included in the planning application.

Formal action is taken

Generally, a small percentage of cases we receive result in us taking formal action. There are a range of formal powers the council can use to remedy breaches of planning control.