Local Enforcement Plan 2024

6.1. In certain or straightforward cases where the council has sufficient information either as part of the complaint or from our own records and information then the investigation may simply be a 'desk-based exercise'. In other cases, site visits may be required to gain a full understanding of the alleged breach of control.

6.2. Where officers can find no evidence of a breach of planning control, the investigation will be closed, the relevant parties informed, and no further action taken.

6.3. Such cases will not be reinvestigated unless more substantive evidence of the alleged breach of planning control is provided.

6.4. The general test applied is "would planning permission be likely to be granted for the development". Only material planning considerations will be part of this process. Issues such as loss of value to property, Party Wall Act matters, competition with other businesses, land ownership disputes, loss of a view or breaches of a covenant will not be considered.

6.5. Where a breach has occurred and if the council consider matters can be rectified then we will initially attempt to resolve breaches of planning control through negotiation. Negotiation will not be allowed to unjustifiably delay any necessary planning enforcement action, but they can take time to resolve.

6.6. In other cases where further information is required, then the council may serve a Planning Contravention Notice (PCN). The main purpose of a PCN is to gather necessary information to help establish whether there is a breach of control or whether there is a case for taking enforcement action. It is an offence if the recipient of the notice fails to provide the required information or knowingly makes a false or misleading statement on the PCN. If convicted of such an offence, the offender would be liable on conviction, to a fine currently not exceeding £5,000.

Exceptions

6.7. There are exceptions where breaches of planning control become lawful through the passage of time and in such cases no action can be taken. These include:

• 4 years (10 years after 25 April 2024) of substantial completion for operational development, for example structural alterations or construction
• 4 years (10 years after 25 April 2024) for an unauthorised change of use of a building or structure to a single dwelling house
• 10 years for any other breach of planning control, such as changes of use or breaches of condition