Planning enforcement policy

The integrity of the planning service depends on the Council taking effective enforcement action if required. We are committed to providing an effective planning enforcement service. Public perception of the planning system can be undermined when unauthorised/ unacceptable development is allowed to go ahead or remain without any attempt by us to intervene.

Planning enforcement is limited to managing development under the terms set out in the Town and Country Planning Act 1990 (as amended). The service can only deal with breaches of planning control as defined in section 171A of the Act that states:

“the carrying out of a development without the required planning permission, or failing to comply with a condition or limitation subject the which planning permission has been granted.”

Local Planning Authorities have discretionary power to take enforcement action where unauthorised development has taken place. Unauthorised development includes:

• Building works
• Changes in the use of buildings or land
• The appearance of buildings or land
• Advertisements
• Works to Listed Buildings
• Demolition within a designated Conservation Area
• Works to trees subject to Tree Preservation Orders (TPO)

A decision whether to take enforcement action is based upon the following criteria:

• The merits of each case
• The aims and objections of the Plymouth and South West Devon Joint Local Plan (JLP)
• Whether it is expedient or in the public interest to take enforcement action in respect of the above factors.

This policy will set out our approach to investigating unauthorised development. Also, the decision-making process when deciding whether to take enforcement action.

This policy has been introduced by us to provide the basis of its Planning Enforcement Services. This has also been recommended in Paragraph 58 of the National Planning Policy Framework (NPPF) (February 2019). It has been introduced taking into account:

• The National Planning Policy Framework
• The Government’s Planning Policy in respect of Intentional Unauthorised Development, issued in August 2015. This requires weight to be given to the intentional nature of unauthorised development in all planning decisions taken by the Council and Planning Inspectors
• Policies contained within the Plymouth and South West Devon Joint Local Plan (JLP) (March 2019).
• The need to protect, maintain and enhance sites of special control. For example, Sites of Special Scientific Interest and Plymouth’s fifteen valuable Conservation Areas
• The need to protect Plymouth’s valuable listed buildings and other heritage assets
• The need to ensure compliance with the Council’s Article 4 Direction – ‘Managing Houses in Multiple Occupation’
• The need to protect the urban and semi-rural environment from unauthorised advertisements
• The need to provide a balance between protecting amenity and enabling good quality acceptable development to take place

Objectives of the enforcement process 

• To ensure the aims and objectives of the Local Plan are followed and implemented
• Investigate, resolve and track unauthorised development. Especially with regard to conservation areas, protected trees and listed buildings
• Track compliance with planning permissions, conditions and planning agreements
• Investigate and respond to complaints in an efficient and timely manner
• Maintain public confidence in the planning system

Our principles of enforcement

• We will fairly apply our Planning Enforcement Policy. There will be a consistent approach to investigation and consideration of enforcement action. This does not mean uniformity.
• We will conduct all investigations with discretion.
• We will work to advise and assist with compliance, seeking solutions with all parties.
• We will take into account the circumstances of the case and the degree of harm (or potential harm). We will also take into account the impact on the wider public interest when considering appropriate action.
• We will provide clear reasons why we have decided to take or not take enforcement action on a specific case

Expediency

The use of enforcement powers is discretionary and we will take into account many factors. We will make a judgement about whether to take enforcement action based upon the following criteria:

• Whether the breach of control would affect public amenity, including Tree Preservation Orders
• Whether it would give rise to a serious risk to public safety
• Whether the existing use of the land/buildings merit protection in the public interest

Whilst the development may have commenced, we will not consider this when deciding if enforcement action is required. It is not a criminal offence to carry out development without planning permission. It is an offence if it involves a Listed Building or a tree protected under a Tree Preservation Order.

When considering whether to take enforcement action, we will take action comparable to the harm or potential harm caused by the development.

Although pursuing the strongest action wherever necessary, planning enforcement action is discretionary. In some instances where it is considered not to be worthwhile or in the public interest, enforcement may not be pursued.

How we will deliver the service:

• Prioritising cases under the Planning Enforcement Protocol and Priority Schedule.
• Investigate all alleged breaches of planning control brought to our attention in writing.
• Action will be taken on complaints received by telephone. We encourage telephone complaints to be followed up in writing.
• Anonymous complaints are only registered and investigated where the breach is felt to be serious and/or noticeable.
• Register and record all written complaints received, with an acknowledge receipt within 5 working days. Update complainants of the progress of the investigation.
• Retaining confidentially of complainants
• Pursuing a breach of planning control to a suitable conclusion were considered appropriate to do so

Planning Enforcement Protocol

We receive on average, 400 planning enforcement enquiries per year. Some of these complaints do not need further investigation. This is because we identify if planning permission already exists for the work, or that it was not required.

Complaints logged on our system are allocated to an investigating case officer. The officers will identify whether there is existing planning permission for the development. The officer uses our in-house planning database.

We will identify whether the potential breach is subject to a time limit for taking enforcement action. The time limits are as follows:

• Four years of an operational development (building or groundworks) or the change of use of a building to a single dwelling. An investigation and action may be taken if there is evidence the development has been knowingly concealed.
• Within 10 years for any other breach of planning control (other changes of use)
• No time limit for breaches related to Listed Buildings

We will acknowledge planning enforcement enquiries within 5 working days

If the investigating case officer establishes that there is a potential breach of planning control, the officer will categorise the enquiry into one of the priority levels. Due to the volume of enquiries, cases are prioritised so higher-risk cases are dealt with first. All enquiries will be investigated.

Planning enforcement can be a lengthy and complex legal process. We are unable to give an average time for dealing with a complaint. The time taken for satisfactory resolution can vary from one complaint to another. The basic process followed remains the same in each case.

Level one: High priority 

Immediate action initiated to address the breach of planning control.

Site visit carried out within five working days. 

• Development that could cause a serious and immediate danger to the public health and/or safety 
• Unauthorised works to a listed building 
• Unauthorised works to a tree protected by a Tree Preservation Order (TPO) or situated within a Conservation Area 
• Any case where the time limit for taking enforcement action expires in the near future 
• Any unauthorised development, advert or breach of condition which is causing irreparable public harm or danger; including pollution or environmental harm 

Level two: Medium priority

Action required promptly, but no immediate harm being caused.

Site visit carried out within 15 working days 

• Unauthorised development which would adversely affect the character/appearance of a Conservation Area or setting of a Listed Building 
• Unauthorised change of use to the detriment of neighbouring amenities 
• Ongoing development unlikely to be granted planning permission without substantial modification 

Level three: Low priority 

Breaches of plannng that cause limited or no harm to the environment or residential amenity. 

Site visit undertaken within 25 working days if a site visit is deemed necessary by the Planning Enforcement Officer after the Officer's initial review of the evidence provided by the complainant.

• Unauthorised development which would be likely to receive planning permission if a planning application were to be submitted 
• Minor breaches, for example, unauthorised satellite dishes/telecommunication equipment on residential premises 
• Unauthorised advertisements, for example, fly-posting or banners where the harm to neighbouring amenity is not significant 
• Unauthorised signage/advertisements (unless the sign/advertisement seriously affects public safety)
• Technical permitted development breaches 
• Neighbour based disputes for example, other neighbour based disputes that do not meet criteria of high or medium cases 
• Minor variations from approved plans 

Site visits

The first stage of our investigation is conducted by researching evidence provided by the complainant. We will also use all the records held on the site by the Council. If we suspect that a breach of planning control has taken place, we may decide to conduct a site visit to investigate further. If we undertake a formal site visit, we will:

• Act with discretion at all times, especially in cases where we need to view the site from the complainant’s address.
• Take a written record of the site visit.
• Take photographs of the site – to be uploaded onto our database.

Keeping complainants advised

• We will inform you by writing where we find no breach of planning control. We may refer you to alternative services to address the issue in certain instances.
• Where legal action becomes necessary you will be informed of this in writing. We will endeavour to keep you updated of steps being taken in the case.
• We will inform you by writing if a decision has been taken to close an investigation without action.

Keeping the contravener advised

When there is found to be a breach of planning control, the person(s) concerned will be informed in writing of the action to be taken.

• When necessary, warnings will be issued in writing. There may also be a verbal warning if necessary.
• The contravener will be informed in writing if:
  • No further action is required
  • If the matter is for another Council department
  • If the matter is for an external body/agency
• We will maintain an ongoing register of alleged breaches of planning control. As well as a summary of what our investigations have revealed.

Planning Enforcement – Our commitment

Openness

• We will follow the standards contained in our Enforcement Policy
• We will publish these standards and our annual performance against them
• Information and advice on the rules and regulations applied will be provided in plain, jargon-free language.
• We will be open and transparent about how we work
• We will discuss general issues, compliance failures or problems with anyone experiencing difficulties.

Helpfulness

• We will provide a point of contact and telephone number for each complaint
• We will ensure the coordination of our enforcement services to minimise unnecessary overlaps and time delays

Complaints about service

If you are not happy with the service you have received and wish to complain please complete our feedback form.

Procedures

• We provide advice clearly and simply. This will be confirmed in writing with an explanation about why action is necessary
• Before formal action is taken, we try to provide an opportunity to discuss the circumstances of the case and resolve points of difference. If immediate action is required this is not the case.
• Where immediate action is necessary, this will be followed up in writing
• Where there are rights to appeal against formal action, these will be set out in any correspondence.
• Occasionally an investigation can involve more than one Council department. In these cases, officers will share information and intelligence where necessary.

Type of enforcement action	Purpose
Planning Contravention Notice (PCN)	Requires persons to divulge information in respect of land and activities. This is often to determine if there is a breach of control and to inform the appropriate course of action.
Breach of Condition Notice (BCN)	To secure compliance with conditions specified within a planning permission.
Enforcement Notice	To require steps to be taken to remedy the breach of planning control.
Stop Notice/Temporary Stop Notice	To require the unauthorised activities to cease.
Section 215 Notice	To secure the proper maintenance of land and buildings.
Injunctions	To prevent unauthorised development. These are only used in a very limited number of specific circumstances.
Prosecutions	It is an offence not to comply with an enforcement notice. Once the period for compliance has elapsed and there is no outstanding appeal. A successful prosecution in the Magistrates Court or Crown Court can result in a fine.

Useful Information

Permitted Development (PD)	Householders and developers have a degree of entitlement for a limited amount of development, without the need for planning permission. This is termed ‘permitted development and is defined in the Town and Country Planning (General Permitted Development) Order 2015 (GPDO) as amended.
Boundary Disputes	Disputes regarding land ownership are a private matter and cannot be controlled under planning legislation.
Obstructions to the highway or public right of way	These matters are either controlled by the Police, the Council’s Street Services team - https://www.plymouth.gov.uk/streetcareandcleaning
Trespass on land	This is a private matter and cannot be controlled under planning legislation
Operating a business from home where the residential use of the dwelling remains the primary use	You do not always need planning permission to operate a business from a home address. The key test is whether the overall character of the dwelling will change as a result of the business. Is the property still mainly a home or has it become a business property?
Internal works to a non-listed building	Internal work to a non-listed building does not normally require planning permission. The exception to this rule is internal work that is being carried out to facilitate a change of use i.e. converting a single dwelling into separate residential units.
Issues relating to deeds and covenants	Compliance with covenants and other issues relating to deeds are a private matter between the signatories of the documents.
Clearing land of hedges, bushes or undergrowth	The clearing of land of hedges, bushes or undergrowth do not normally require planning permission unless the hedgerow is subject to the Ancient Hedgerows Regulations 1997.   This covers hedgerows which are more than 20 metres long and are on, or adjacent to  land used for agriculture, or forestry, the breeding or keeping of horses, ponies or donkeys; common land, village greens, Sites of Special Scientific Interest or Local Nature Reserves.   Garden hedges are not affected.
The insertion of windows in houses or bungalows	Once a dwelling has been occupied windows may be inserted into existing walls. The windows can be inserted provided: there is not a  planning condition to prevent the insertion or additional windows or a restriction set by permitted development rights.  Restrictions do not normally relate to ground floor windows.
Parking a caravan within the residential boundary of a property provided that it is ancillary to the dwelling house	In most cases, caravans are not classified as development. It is only their use that is subject to planning control. Provided the use of a caravan is ancillary to the dwelling house (i.e. no occupied as an independent unit of accommodation) it is lawful.
Noise arising from construction work	Noise arising from construction work would normally be dealt with by the Council’s Public Protection Service
The Party Wall Act	The Party Wall Act provides a framework for preventing and resolving disputes concerning: party walls boundary walls excavations nearing neighbouring buildings. The Act is separate from obtaining planning permission or building regulations approval. It is therefore is beyond the scope of planning control.