Planning Enforcement and Monitoring Plan

7.1 Once the investigation is concluded it could result in a number of different outcomes. These are outlined below:

No breach established

The reported matter has not occurred, has ceased, or is outside of planning control or lawful by other means.

The development is immune from enforcement action

Breaches of planning control become immune from enforcement action if they have existed for a certain period of time. More information in relation to the time periods for immunity can be found at https://www.gov.uk/guidance/ensuring-effective-enforcement (Note: There is no period of immunity for unlawful works to a Listed Building).

No further action

The fact that a breach of planning control has occurred does not automatically mean that formal action will be taken. Some breaches of planning control are minor or technical in nature and therefore cause limited or no planning harm (i.e. if an application were to be submitted it would be unconditionally approved). In these instances, in accordance with National Planning Guidance, the Council will use its discretion not to take further action as it would not serve a useful purpose or be a good use of resources to do so.

Formal Enforcement Action

As a last resort, it will be necessary for the Council to take formal enforcement action against a breach of planning control.

Formal enforcement action is based on planning merits and can therefore only be taken where the development fails to meet the aims of National and Local Plan Policies. Formal action will only be taken where there is a breach that results in planning harm, this could include harm to:

· Public amenity (e.g. noise, visual impact, overdevelopment).

· The character of the area or environment.

· Highway safety or other material planning interests.

Formal enforcement action will be taken where it is reasonable and justified to do so. Action must be proportionate and in the public interest.

All enforcement action follows an investigation and will be taken in accordance with the scheme of delegation.

Most formal notices have a right of appeal either to the Planning Inspectorate or through the courts.

Legal action

There are some occasions where a criminal offence is committed. For example, illegal works to protected trees, or buildings, or the failure to comply with the requirements of a formal notice.

Where an offence is committed, the Council will gather information about the offence and decide the best course of action based on the Public Interest. This may be by seeking prosecution proceedings, applying for a high court injunction, undertaking works in default (aka direct action) or continue to work with the offender to seek a suitable resolution. Where a crime has been committed and a successful prosecution has been secured, the Council will consider whether to make an application under the Proceeds of Crime Act.

When deciding on the best course of action, the Council will assess whether there is sufficient evidence to pursue the matter, whether such action is in the public interest and the expediency of pursuing the action.