Enforcement powers available to local planning authorities
Before taking action of any kind, local authorities are advised to take enforcement action only if they are satisfied that it is expedient to do so. 'Expedient' means only when it is appropriate, having regard to the nature and extent of the breach of control involved. Enforcement should be informed by the following:
- public interest
- our development plan and other material planning considerations
- making sure any action taken is proportionate to the breach of control involved
Essential steps
The essential steps to be taken in the consideration of enforcement action mean that:
- we must decide whether the breach of control results in significant harm to public amenity
- action should not be taken just because development has started without planning permission
- we do not always have to take action but the particular circumstances of the case must always be considered
In the majority of cases, unless the breach of control is particularly serious, we will always tryr to resolve a breach of planning control through negotiation, rather than resorting to formal enforcement action. Many breaches of planning control can be remedied in this way.