Local planning enforcement plan
After receipt of an enforcement complaint, the investigating case officer will research the planning history of the site and permitted development rights and assess whether or not the enforcement enquiry constitutes a breach of planning control.
If there has been no breach of planning control then the case will be closed and the enquirer advised of this decision.
Where it is apparent that development has taken place without the relevant valid consent in place, it is normal practice to inform the person responsible that they are in breach and to invite an application to regularise the development. This will only happen, if such an application could be looked upon favourably and follows government guidance on ensuring effective enforcement.
Where unauthorised development is identified and is not acceptable, the case officer will prepare a report to the Planning Committee outlining the planning issues arising from the breach. The report may recommend serving a statutory notice. Where necessary, liaison will take place with our solicitors to agree the most appropriate course of action. Those in breach of planning control will be informed of the decision to take the matter to the Planning Committee and advised of the date of that committee (as will the enquirers). The requirements of any formal notice will always be the minimum required to resolve the breach of planning control.
Summary of actions we will take according to the status of an investigation.
No breach of planning control has been identified
We will write to the complainant to advise them of our findings and the investigation will be closed.
A breach of planning control has been identified where it is not expedient to take action
We will write to the complainant to advise them of its findings and provide an explanation as to why no action will be taken in this instance. The investigation will be closed.
A breach of planning control has been identified and retrospective planning application may regularise the breach
We will write to the person responsible for the breach of planning control and explain why the works/use require planning permission and provide advice on how that permission can be obtained.
We expect a planning application to be submitted within 28 days. If an application is not submitted, we will decide whether it would be expedient to pursue enforcement action.
We will write to the complainant to confirm a retrospective planning application is being sort to regularise the planning breach
A breach of planning control has been identified and the matter needs to be addressed
We will write to the complainant advising of the need for action by the owner.
The case will be given a priority level.
We will write to the person(s) responsible for the breach to advise them what steps they need to take to address the breach of planning control and the timescales within which those steps must be taken. We will also advise of the consequences of not complying with its request.
Further investigation is required
We will write to the complainant to advise them of its initial findings.
The case will be given a priority level and further investigations will be undertaken by the case officer.
We will write to the person(s) responsible for the breach to advise them of the information that it needs. This may involve issuing a planning contravention notice (PCN) which must be completed and returned to us within 21 days. A PCN may also be issued in the above circumstances.