Local Enforcement Plan 2024

7.1. In considering whether to take planning enforcement action or not, it will be necessary to take account of national planning policies including the NPPF, the Governments planning practice guidance, the relevant policies of the Local Plan and all other relevant material planning considerations.

7.2. Ultimately In deciding whether or not to take planning enforcement action the council must consider whether it is expedient to do so, in line with the expediency test.

7.3. Should planning enforcement action be required then the council has a number of different options available to consider. In some cases, there may be several which apply, and the most appropriate one will be chosen. The various options which are available are identified in Appendix 1. 

7.4. If a matter is to be pursued in the courts, the council will need to consider whether the evidence held is sufficient enough to ensure that there is a realistic prospect of a conviction. Any evidence must clearly prove that the offence has occurred and identify who is legally responsible for that breach.

7.5. There may also be circumstances where it is not in the public interest to pursue action, and these will be discussed with the council's Legal Services Team. The council will not initiate prosecution proceedings where it is disproportionate, likely to be ineffective in resolving the breach or where there is no realistic prospect of conviction.

7.6. Where it is necessary to use witnesses, the witness will be advised of the possible need to attend court and will be asked to provide a written witness statement. In such circumstances, if witnesses cannot or do not provide the necessary evidence, those prosecution proceedings may not be pursued.

Expediency test

This involves the Planning department assessing whether:

• the breach is in accordance with the policies of the Local Plan
• whether there are any other material planning considerations
• whether planning permission would have been likely to be granted
• whether the breach unacceptably affects public amenity
• whether the breach unacceptably affects any existing land, use or buildings which merit protection in the public interest
• whether action would be proportionate with the breach to which it relates
• whether it is necessary or in the public interest