Types of enforcement
Informal enforcement
Even when it's technically possible to take enforcement action, by law the council is required to decide whether such formal action would be 'expedient'. This means formal enforcement action is discretionary and we must consider the relevant planning circumstances of each case first.
Central Government advises that, generally, formal enforcement action should be taken as a last resort. Many breaches of planning control are minor and formal action cannot always be justified. In other cases, the changes may be acceptable in planning terms and a retrospective application for permission could be submitted, possibly involving modifications or alterations.
Formal enforcement
When a breach of planning control is causing unacceptable harm or nuisance, the council considers that essential enforcement action should not be delayed by protracted negotiations. If a breach is unacceptable and causing serious harm to public amenity, immediate enforcement action should be taken to prevent further harm. The final decision to take further action is decided on a case-by-case basis by the relevant Planning Committee.
Planning Enforcement Notices
A Planning Enforcement Notice specifies what action is required to remedy the problem and gives a period for compliance. However, any recipient of an Enforcement Notice can appeal against it to the Secretary of State. Any appeal suspends a notice from taking effect until the appeal is decided.
If the requirements of an Enforcement Notice have not been complied with, the planning enforcement team will pursue prosecution proceedings in the courts.