Planning enforcement

Government guidance on how and when to take enforcement action

8.1  Enforcement action is a discretionary power and guidance on when and how that power should be exercised is set out in the Government’s Planning Policy Guidance Note No. 18 and Circular 10/97. In summary, the advice from government is as follows:

  • the decisive issue for the Authority should be whether the breach of control would unacceptably affect amenity or the existing use of land and buildings which merit protection in the public interest;
  • enforcement action should always be commensurate with the breach of planning control to which it relates;
  • negotiations should not be allowed to hamper or delay whatever formal enforcement action may be required to make the development acceptable on planning grounds, or to compel it to stop;
  • enforcement action should not be taken solely to “regularise” development which is acceptable on its planning merits but for which permission has not been sought;
  • if a breach of control is causing serious harm to public amenity, the Authority should normally take vigorous action.

8.2 Many courses of formal action are dependent upon how long the use or development has been carried out.

8.3 In the case of breaches arising as a result of building operations, or the use of a building

8.4 Under planning legislation, all cases other than those subject to the 4 year rule set out above are subject to a time limit of 10 years beginning with the date of the breach. After that time, no enforcement action can be taken and the use may have become lawful. Indeed, in those circumstances, a Certificate of Lawfulness may be applied for, the merits of which have to be considered on the ‘balance of probabilities’.

8.5 However, there are no time limits for taking enforcement action against breaches of listed building control. Further government advice on enforcing listed building control is set out in Planning Policy Guidance Note No.15.

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Planning