Action taken when a breach of planning is identified

Following an initial investigation, a breach of planning may be identified by an enforcement officer through a desk study, site visit or evidence provided by a third party.

Once a breach of planning has been identified, the Planning Enforcement Team will write to the owner/occupier of the site where the breach has occurred. This will normally consist of a ‘challenge letter’, which will explain the breach of planning, offer options to resolve the matter and give a deadline for compliance.

Where possible, the council will initially attempt to negotiate a solution to regularise or remedy unauthorised works. In carrying out negotiations officers will have regard to the specific circumstances in each case. If negotiations fail within a reasonable timescale or it is clear from the outset that the breach is not capable of remedy through negotiation, then formal enforcement action will be considered where it is deemed expedient.

One option unusually presented to those who have breached planning control is to submit a retrospective planning application according to S73A of the Town and Country Planning Act 1990. Retrospective applications are dealt with in the same way as any other planning application, with full planning considerations being taken into account, and the proposal being assessed on its own merits. The failure to seek planning permission prior to the development being carried out will not influence the council’s decision or penalise the applicant. The invitation to submit a retrospective application does not imply that the council will grant consent.

In some cases, retrospective planning applications submitted seeking to regularise a breach of planning control may be referred to planning committee for determination. In these instances, the application will still be assessed on its own merits, taking into account relevant planning policies and principles.

If retrospective planning permission is approved, this may resolve the breach of planning. In some cases, an application submitted may propose remedial works or have conditions on the development. In these cases, the enforcement team will continue to investigate the breach until the matter is resolved.

If a retrospective or further planning application is refused by the Council, the applicant will have the right of appeal through the Planning Inspectorate. Whilst appeals for planning application decisions are under consideration, the Local Planning Authority can proceed with formal action, if it is deemed expedient to do so.