Planning Enforcement Action

The enforcement officer must consider the unauthorised development in the same way as if a planning application had been received for its proposal. Therefore the development will be regarded in relation to the policies and standards of the council’s Unitary Development Plan. The officer will consider if the unauthorised development is causing harm. ‘Harm’ normally means either harm to visual amenity (appearance) or harm to the amenities of neighbours (such as noise disturbance, vibration, overlooking, and loss of light).

A report is written by the enforcement officer that must specify: the background of the case, the reason for taking action, the council policies being breached, and the harm caused.

Most enforcement matters in the borough are dealt with under delegated powers. This means that the Planning Enforcement Team Leader can decide whether or not to take enforcement action based on the recommendations of a Planning Enforcement Officer.

In some cases, the decision to take enforcement action needs to be authorised by the elected members of the Planning Committee, which meets once a month. The committee members also consider planning applications and transport matters at these meetings. Click here to view Planning Committee meeting agendas.


If enforcement action is authorised, the council is empowered to serve an enforcement notice. Click here to find out more about enforcement notices.


The council might not take enforcement action for the following reasons:

• The development or activity may not need planning permission (this is often the case).
• Planning permission is likely to be given.
• The development has been there or the activity has been going on for so long that it is immune from enforcement action (ten years for most uses, four years for building works).
• Although in breach of planning control, the development or activity is not causing harm to the extent that it would justify taking action.  
• There is insufficient evidence of a breach of planning control.
• The government says that councils must only use enforcement powers where the unauthorised development is causing significant harm. Therefore the council will not take action if it considers the breach to be insignificant or that the harm caused does not justify formal action.        

Outcome of the Investigation

We will tell you about the outcome of the investigation if you tell us your contact details (address, telephone number or email address).