Initial investigation

We carry out an initial investigation to collect all the relevant facts so that we can establish whether a breach of planning control has occurred and, if so, the nature and degree of harm caused.

In most cases this involves

• an officer visiting the site and possibly viewing it from neighbouring properties
• speaking to the person responsible for the suspected breach
• researching the planning history
• search of other council records e.g. aerial and archive photographs
• liaising with other council services
• checking against planning policies
• checking against current planning laws and regulations

Our officers have legal rights of entry onto private land in connection with their investigations.

Sometimes we can resolve an investigation without needing to contact the owner/occupier of the land.

We investigate around 700 cases a year.  In around half of these we find there has been no breach of planning control.

After our initial investigation we may need to carry out further enquiries, e.g. take legal advice, before we can reach a conclusion.

What happens if a breach has occurred?

Where a breach has occurred, we initially try to resolve the matter through negotiation.  This may involve:

• asking the owner to remove or cease the breach and advising them of the implications of continuing.  If the breach is serious we may decide to serve a notice to legally stop any further work
• discussing with the owner how the harmful effects of the development might be addressed
• the owner submitting an application for permission.  This allows us to fully and openly consider the planning merits in the same way as an application for proposed development.  We will invite an application to regularise the work unless we feel there is no prospect of permission being granted.

If negotiation proves unsuccessful, we consider using formal powers. 

We use discretion and only take formal action when we consider that serious harm has occurred and that it would serve a useful planning purpose to require remedial action.  The test is essentially, "if an application had been made would it have been refused, or only granted subject to conditions?".  Any action we take will be proportionate to the harm caused.

In cases where we feel it would not serve a useful purpose to take formal action, the breach of planning control will remain unaddressed but may cause problems for any future sale of the property.

How long does it take?

The time taken to resolve breaches varies depending on the nature of the development and the action required. In order to control the time taken, we set and monitor targets for action in our dealings with developers and other parties.

In most cases we should be able to determine within 4 weeks whether there is a breach. However, where a breach has occurred it may take many months to resolve if an application is submitted or if enforcement action is taken, particularly if an appeal is lodged.

Date Updated: 20/03/08