The investigation process

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.

Step 1 – A report is made

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

Step 2 – The report is triaged

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.

Complaint priorities

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.

• A breach that could cause a serious and immediate danger to the public health and/or safety.
• Unauthorised works to a listed building.
• Unauthorised demolition in a Conservation Area.
• Unauthorised works to a tree protected by a Tree Preservation Order (TPO) or situated within a designated Conservation Area.
• Any case where the time limit for taking further enforcement action expires within the near future.
• Any unauthorised development, advertisement or breach of condition which is causing irreparable public harm or danger, including pollution or environmental harm.

Medium Priority Complaints - Investigation to commence within 1 month from acknowledgement of the complaint.

• A breach that could cause a continuing risk to public health and/or safety, i.e. not serious and immediate.
• Unauthorised change of use that is likely to cause significant detriment to neighbouring amenity. 
• Building and other works within conservation areas.
• Non-compliance with planning conditions where they relate to the unauthorised removal of habitats that could be detrimental to protected species/habitats.
• §  Works relating to minerals and waste.

Low Priority Complaints - Investigation to commence within 6 months from acknowledgement of the complaint.

• Other changes of use.
• Untidy land.
• Non-Compliance with planning conditions.
• Advertisements.
• Works to listed buildings not carried out recently.
• Other minor building works and structures e.g. garden sheds, walls, fences etc.

Step 3 – Investigation

The case will be assigned to an Enforcement Officer who will carry out a detailed investigation. This could include:

• Checking the planning history of the site, including the approved plans if planning consent was given.
• Visiting the site for a visual inspection.
• Searching the Land Registry to find out who owns the site. We may meet with the owner of the land or property.
• Collecting evidence. This may involve issuing a formal notice such as a Planning Contravention Notice or Requisition for Information. In certain cases, we may conduct an Interview Under Caution.
• Checking relevant law and planning guidance.
• Discussing the case with other council teams or other agencies.

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.

Step 4 – Negotiation

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:

• Discuss changes to the works that mean that they conform with the restrictions of permitted development.
• Where the works could be acceptable but need a formal decision (where for example conditions should be imposed), we may ask for a planning application to be submitted. This is called a retrospective application. The public have the opportunity to comment on the application. Please be aware that the name and address of commentators are made public. Planning applications are determined on their individual merit, taking into account the Local and Neighbourhood Plan for the area, and ‘material considerations’.  The Act enables people who have carried out development to apply for planning permission retrospectively to regularise matters and an application cannot be treated differently because it is retrospective. There are very good reasons why landowners or householders should seek to regularise development, including being able to sell the land/buildings in the future without conveyancing complications and for insurance purposes.
• Ask for a Certificate of Lawfulness to be applied for. If this is granted, the works will no longer need planning permission or consent.
• Ask that the works stop, and the land or property is returned to its original state.

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.

Step 5 – Consider expediency of further action

The Enforcement Officer will look at the details of the case and will:

•  Compare it to local and national policies.
• Consider the harm being caused and the material planning considerations. We cannot consider devaluing of property, business competition or loss of a view.
• Review the comments made by official bodies that we have consulted with.
• Look at any relevant appeal decisions and case law.
• Consider any personal circumstances and the Human Rights of the party who has breached planning control and those making the complaint.

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.

Step 6 – Formal action

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:

• Draft a formal notice and create a file of documents and their report.
• Discuss forthcoming action with the landowner or property owner/occupier.
• Discuss implications with other teams within the council.
• Liaise with any contractors working on the site.
• Undertake up to date Land Registry search and site visit if necessary.

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.

Step 7 – Compliance

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.