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TABLE OF CONTENTS
Local Enforcement Plan
1. The Council's approach to Planning Enforcement
2. What is, and what is not, a breach of planning control?
3. How do I report a breach?
4. The Council's commitment to you
5. Case prioritisation, the use of formal powers and our approach to retrospective applications
6. Planning enforcement team investigations: our process
7. Forms of formal enforcement action
8. Compliance and final resolution
Chart 1 - Process for new enforcement cases
Chart 2 - Formal Action Taken

8. Compliance and final resolution

8.1      The council is obliged to follow the planning enforcement process as set out in legislation, and, despite our best efforts, it can sometimes take a long time for a case to be resolved. This is especially the case where there are continuing and active negotiations, planning appeals are made to the Planning Inspectorate, or where enforcement notices are not voluntarily complied with and court action then becomes necessary.

8.2      The council has the legal power to extend the period for compliance that is given in an enforcement notice. We will normally only do this where a request is made in good time, and where the responsible party has genuinely been unable to comply within the set time period for reasons that are outside of their control.

8.3      The council can decline to determine retrospective planning applications where an enforcement notice has already been issued against any part of the development that is being applied for. When such an application is made, the council will consider in each case whether:

  • The application appears to be part of a sincere effort to engage with the council to amend a proposal and remedy the breach of planning control;
  • The application addresses unacceptable elements of the development (as identified in the reasons for issuing the enforcement notice), and is generally in accordance with planning policy;
  • The application would not have the effect of delaying compliance with the enforcement notice by frustrating a council prosecution or planned direct action proceedings, whether these have already begun or not;
  • The application has been submitted only just before the compliance period in the enforcement notice expires or after it has expired.

8.4   Preparing court prosecution for non-compliance with the requirements of an enforcement notice that is in force is resource intensive. The council will prioritise the most egregious and/or persistent cases. The council will not normally withdraw summonses once they have been issued, even if the enforcement notice is subsequently complied with. Where a prosecution is undertaken, the council will seek to recover its costs in the courts. It will also pursue confiscation orders under the Proceeds of Crime Act where it is appropriate to retrieve monies gained unlawfully, both to help cover the costs of enforcement action and to ensure an effective disincentive to non-compliance.

8.5   Direct action may be undertaken at the council’s discretion and will take into account the complexity of the works required and the likely upfront costs to the council. The costs of direct action can be recovered from the landowner in accordance with planning legislation.