Enforcement: Government guidance

Enforcement action is a discretionary power. Government published the National Planning Policy Framework (NPPF) and paragraph 60 states:

‘Effective enforcement is important to maintain public confidence in the planning
system. Enforcement action is discretionary, and local planning authorities should
act proportionately in responding to suspected breaches of planning control. They
should consider publishing a local enforcement plan to manage enforcement
proactively, in a way that is appropriate to their area. This should set out how they
will monitor the implementation of planning permissions, investigate alleged cases of
unauthorised development and take action where appropriate.’

When considering any breach of planning control, our main focus is on whether the issue has an unacceptable impact on local landscape character, or land and buildings that should be protected in the public interest.

We aim to take enforcement action that’s fair and proportionate to the problem.
While we will always try to resolve matters through discussion first, negotiations shouldn’t slow down or prevent any formal action that may be needed to make a development acceptable – or to stop it where necessary.

We won’t take enforcement action simply to “regularise” development that is otherwise acceptable in planning terms but happens to lack permission.

However, if a breach is causing significant harm to the community or the environment, we act promptly and robustly.

It’s also important to note that some formal enforcement options depend on how long a development or use has been in place, provided it hasn’t been deliberately concealed.