Local Enforcement Plan 2024

5.1. In order to make an effective use of resources, all incoming enforcement cases will be categorised and given an appropriate priority based on the information provided. See the enforcement priority categories for more information.

5.2. This will determine the broad timetable for processing any enforcement matter. The priority rating may be changed by the planning department following an assessment of any relevant planning history and any site visits, in a case where it is deemed necessary.

5.3. The associated timeframes and key waypoints for dealing with enforcement action under planning enforcement waypoints are indicative and give a broad timeline for the majority of cases. In some circumstances there may be unforseen delays such as complexity of a case, protracted negotiations or at times of high workloads within the department. Where such matters arise, the council will try to notify any complainant at an appropriate time.

Enforcement prioritisation categories

There are three enforcement priorities.

Emergency

These cases will involve circumstances where there is a high likelihood that irreversible harm will occur if the council do not act immediately. For example, unauthorised felling or pruning of protected trees, or unauthorised works to listed buildings.

High priority

These cases will include matters where there is a high likelihood that there will be, or the potential for, significant harm to be caused within the surrounding area. For example, unauthorised uses or activities which are causing significant noise or disturbance, breaches in conditions which affect residential amenity, or circumstances which affect highway safety.

Low priority

These cases will typically be matters which do not pose a significant threat to an area or are unlikely to result in immediate or irreversible harm. For example, building of walls or fences, or unauthorised advertisements.

The investigation

5.4. Initially we will carry out some desk-based checks. Should there be no breach in planning control then the investigation will cease at this point. Where there is a potential breach, the case priority level will be established, and the case officer will investigate further. This may include a site visit to help establish whether there is a breach of planning control. The majority of site visits are made without prior arrangement, and it is generally unnecessary to visit a complainant's property or to meet with them. At the end of an investigation, we will decide what the next steps may be (case action determined) which could include deciding not to pursue enforcement action, to seek a retrospective application, or whether the use of more formal powers may be necessary if any appropriate resolution cannot otherwise be reached.

5.5. Officers are authorised under Section 196A of the Town and Country Planning Act 1990 to enter (at any reasonable hour and when it is reasonably necessary), land to ascertain whether there is any breach of planning control. However, officers do not have powers to force entry into any house and we will leave a card to try and arrange a convenient time to visit. In rare cases, officers may apply for a warrant.

5.6. As part of the site investigation, officers will ask questions, take photographs and measurements. This information will be used to ascertain whether a breach of planning control has taken place.

Planning enforcement waypoints