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