Planning Enforcement Charter 2024

Where a breach of planning control is identified and we provide an undertaking to resolve it, to address significant planning harm, through informal or formal means, we will do this as quickly as possible. It is advised, however, that progress on the case can be delayed for several reasons; such as the collection and verification of information which could be over a period of time, so negotiations could take place or where formal procedures are organised. 

The resolution to a breach may be through a planning application or other consents (such as Listed Building Consent) being submitted to regularise the breach. Where the development is likely to be acceptable, the Council may seek the submission of an application in retrospect as a valid means of assessing the development and possibly addressing the breach. A formal decision will be made through the planning application process. You will, however, have the right to make representation on the application, which is separate to any breach reported. The application process will increase the timescales for the enforcement case. 

Service Standard - 4
Where works or development has been carried out without planning permission, but we consider that the development is likely to be acceptable in terms of Development Plan policy, we may invite an application or we may serve a notice under Section 33A of the Planning Act that requires the developer to submit a planning application retrospectively.

Where we previously advised that a conclusion to a case has not been reached, we will keep you informed of the progress with the case or notify you its conclusion. If at any point we decide that further action is not justified, we will inform you of this and the reasons for that decision. In some cases, it may be inappropriate to regularly provide an update on the progress of enforcement action, particularly when the matter proves difficult to resolve quickly. You will be advised accordingly in such circumstances.

Service Standard - 5
We will either conclude the case within, or provide an update to you, within 40 working days from receipt of your observation. When an enforcement case is being closed, a Closing Report will be prepared which will explain why we have come to a decision. This report will be made publicly available.