We only enforce planning regulations when development, building work or material changes of use of a property such as from commercial to residential, has been done without first obtaining the requisite planning permission/consent from the Planning Department.
When unauthorised work becomes a criminal offence
The carrying out of development does not initially constitute a criminal offence, except in some instances of unauthorised works to listed buildings or the display of certain advertisements.
Under current planning legislation, for all other breaches of planning control, a criminal offence only arises, in the majority of cases, when an Enforcement Notice has been issued, has taken effect and its requirements have not been complied with. Only when this stage has been reached can the council commence prosecution action in the courts for non-compliance with the requirements of the Enforcement Notice.
When we take formal enforcement action
Formal enforcement action is discretionary, and we must first consider all the relevant planning circumstances, including relevant development plan policies and all other material considerations, before determining whether it is expedient to pursue action.
Generally, we will pursue formal enforcement action when the breach of planning control is causing harm or conflicts with established development plan policies. Each investigation, though, must be looked at on its individual merits and circumstances.
Normally, we do not take formal enforcement action when:
- breaches are minor and formal enforcement action cannot be justified in the particular circumstances of the case
- in some circumstances, we may be willing to hold off enforcement action whilst the person responsible for the breach of planning control makes a retrospective application for planning permission or consent - in some instances, the retrospective application will need to make modifications to the development of the subject of investigation, in order to make it acceptable (the retrospective application for planning permission will be subject to our normal publicity and consultation procedures prior to determination)
We investigate all reported breaches of planning control. When pursuing enforcement action, we prioritise:
- preventing the loss of permanent residential accommodation (by a change to another use such as office use, short-term let)
- prevention of harm to residential amenity (such as noise disturbance, loss of daylight or privacy)
- preservation or enhancement of our heritage assets, which includes buildings listed for their historic or architectural significance and our conservation areas
