Local planning enforcement plan

Planning enforcement officers receive a high number of enquiries regarding allegations of breaches of planning control every year. To ensure the most serious cases causing the greatest amount of harm are investigated with minimal delay, each case is prioritised according to the seriousness of the alleged breach and the degree of harm being caused. The aim is that our response is fair and proportionate to both the context and the nature of the breach.

Many cases may require repeat site visits, negotiation, serving of notices on owners/interested parties and more formal action before the breach is resolved. When these occur, we will endeavour to keep original complainants informed at key stages during the process and indicate arrangements for this in the initial response letter.

Complainants will also be provided with an acknowledgement within 5 workings days except for high priority cases where the acknowledgement will be within 2 days, this will include the details of the lead officer assigned to deal with the enforcement enquiries should they require further updates or have new information pertinent to the investigation.

Considerations and example cases

High priority

For example, irreversible harm to the environment:

• unauthorised works to a listed building

• irreversible harm to amenity of a conservation area

• unauthorised works to trees covered by a tree preservation order or in a conservation area

• works affecting a protected landscape included but not limited to a SAC, SSSI or SLINC

• any case where the time limit for taking enforcement action expires in the near future

• any unauthorised development, advert or breach of condition which is causing irreparable public harm or danger; including pollution or environmental harm

Medium priority

For example, significant reversible harm to an amenity or the environment:

• development prior to compliance with the discharging of conditions on a planning approval

• breach which results in serious demonstrable harm to amenity of neighbourhood

• unauthorised development which is in breach of planning policy

• source of significant public complaint

• unauthorised advertisements that have a detrimental impact on highway safety in the view of the Staffordshire County Council's Highways service

Low priority

For example, minor reversible harm to an amenity or the environment

• unauthorised development which is not the source of significant public complaint

• erection of unauthorised advertisements

Target times for initial response to complaint

High priority

• Acknowledgement of complaint - 95% of cases acknowledged within 2 working days

• Target time for visiting - 65% within 1 working day, 95% within 2 working days

• Detailed response targets to complainant - 95% within 5 working days

Medium priority

• Acknowledgement of complaint - 95% of cases acknowledged within 2 working days

• Target time for visiting - 65% within 5 working days, 95% within 10 working days

• Detailed response targets to complainant - 65% of within 10 working days, 95% within 20 working days

Low priority

• Acknowledgement of complaint - 95% of cases acknowledged within 2 working days

• Target time for visiting - 65% of within 10 working days, 95% within 20 working days

• Detailed response targets to complainant - 65% within 15 working days, 95% within 30 working days

Enforcement complaints will be assessed and prioritised by the planning enforcement officer or development control manager, with supporting advice given by other departments in the council or statutory consultees where deemed necessary.