Introduction

This document sets out the council’s approach to handling planning related enforcement matters.  This sets out the priorities for investigation, explains what will be and what will not be investigated and outlines the council’s general discretionary powers with regards to planning enforcement. The guide sets out how the council will prioritise responses to complaints and clarifies the timescales for responses.

A breach of planning control is defined in Section 171A of the Town and Country Planning Act 1990 as:

• the carrying out of development without the required planning permission; or
• failing to comply with any condition or limitation subject to which planning permission has been granted.

The National Planning Policy Framework (NPPF) recommends that Local Planning Authorities publish a local enforcement plan to manage enforcement proactively and in a way that is appropriate to their area. 
Paragraph 60 of the NPPF states: "Effective enforcement is important to maintain public confidence in the planning system."

This is reflected in Policy DM11: Planning Enforcement, of the adopted North Devon and Torridge Local Plan 2011- 2031 which states:
"Unauthorised development will be investigated by the Local Planning Authority, acting proportionately to the scale of the suspected breach of planning control. Enforcement action will be taken where it is appropriate to do so and in the public interest."

How to report a breach

To report a breach of planning, please telephone Customer Services on 01271 388288.  

When reporting a suspected breach of planning control, it is essential to provide as much information as possible. The following information should be supplied:

• Full postal address of the location of the breach or a what3words location (this is required before we can log the case)
• Your contact details including postal address, e-mail and telephone contact number (this is so we can assess any impact on your amenity and so we can update you on the progress of our investigation)
• Details of the person or organisation who may be responsible, if known
• The date you were aware the breach commenced
• Provide as much detail as possible about the alleged breach; be precise and explain what the harm or issue is and how it affects you
• Any relevant planning application reference number and planning condition number (this is required before we can log the case, if you allege a breach of a planning condition)
• Photograph or appropriate evidence for example, advert, e-bay, Airbnb, estate agents details etc

To avoid malicious complaints, anonymous complaints will not normally be investigated. Every effort will be made to keep your details confidential as far as legislation permits. Should you wish to be kept anonymous, you may report the issue to your local ward member or to your Parish or Town Council, who will report the complaint on your behalf. They will then be updated on the outcome of our investigations, and you will need to liaise with them to obtain updates. 

Priority and timescales of enforcement investigations

The council receives a significant number of allegations concerning planning breaches. To maximise resources, reports of suspected breaches are screened and prioritised according to the degree of seriousness. Some reported breaches do not fall under planning controls and are better dealt by other council departments, such as our Environmental Health and Housing teams, Devon County Council highways, and other community-based services. 

In managing alleged planning contraventions, a reported case will be categorised and prioritised as below: 

Generally, reported cases will start to be investigated within the time limits stipulated below. However, this commitment will be dependent on resources and priorities available at the time of receipt.

It should be noted that the following will not be investigated by the planning enforcement team:

• Neighbour boundary disputes (including party wall issues)
• Property and landownership issues
• Complaints received anonymously
• Persistent complaints about unauthorised development or uses which have been previously investigated and considered resolved
• Breaches of covenants between landowners or trespass issues
• Potential breaches that haven’t happened yet
• Vexatious or malicious complaints
• Loss of view
• Competition between businesses
• Perceived reduction in land or property values

The majority of enforcement investigations are resolved without the need for formal enforcement action being necessary, such as through regularisation of the development, or by the owner submitting a planning application. However, many cases require lengthy investigations and negotiations over several months. Serving a formal Enforcement Notice is always a last resort. 

Enforcement investigation

Once we have received your complaint and established there is a possible breach of planning control, we will log the case and allocate it a unique reference number. You will receive an acknowledgement letter and will need to quote this unique reference on any further communication with the council about your complaint.  Following receipt and acknowledgement, the following will take place:

• Desktop evaluation to establish the relevant planning/enforcement history
• Where appropriate, undertake a site visit
• Establish whether there is a breach of planning control

Where a breach is confirmed, we will:

• Evaluate the issues and establish the degree of harm being caused
• Determine the most appropriate action, which may be to take no action even if a technical breach is established

Remedial action can range from informal negotiations, the submission and approval of a planning application or formal enforcement action, including the service of formal Enforcement Notices.

We will aim to keep complainants updated at key milestones in our investigations:

• After we have visited the site, identified a breach and the owner has been asked to cease the use or submit a planning application
• After we have received confirmation that the owner intends to submit a planning application
• After the application has been received and is open for comment
• Following refusal of any application and after the owner has been given a final period to comply or appeal the refused application decision
• After an appeal has been lodged, (note: enforcement action is suspended pending the Planning Inspector’s decision, which is outside the council’s control)
• After an application appeal decision information about our next steps
• After we have authority to issue an Enforcement Notice
• After we have issued the formal Notice giving timescales for compliance or appeal
• After we have received the Enforcement Notice appeal decision and information about next steps and compliance visit dates
• After we have authority to prosecute or take other legal action following evidence of non-compliance with a formal notice
• Following court action including prosecution proceedings

Guiding principles of planning enforcement

Expediency

Planning Enforcement is a discretionary power.  It is therefore a matter for the Local Planning Authority to decide whether it is expedient and in the public interest to consider enforcement action to regularise or rectify a breach of planning control.  In all cases there is a need to investigate and evaluate the potential harm of the unauthorised development taking account of the relevant Local Plan policies and National Planning Guidance.

Proportionality

Enforcement action should always be commensurate with the breach of planning control to which it relates and should not be taken to solely regularise development which is otherwise acceptable on its planning merits. 

Investigation times constraints

It is acknowledged that it can be frustrating that despite reporting an enforcement breach, the issue can persist for some time after initial contact.

Some investigations are straightforward and are quick to resolve. Many cases we deal with are time consuming and it is important to allow the owner a reasonable opportunity to cease the activity or take steps to regularise the situation. This is so the council can demonstrate during the investigations, that it has acted reasonably. This is especially important should the case end up at an Enforcement Notice appeal or in court for prosecution action. 

A site owner/occupier has the right to submit a retrospective planning application which must be dealt with under the normal planning application process and is subject to the notifications, consultations and statutory time periods associated with the determination process of a planning application. 

The process of applying for permission can often take months as the owner usually relies on third parties to produce scaled plans, ecology reports etc which are required as part of the application submission. Determining a planning application will take a minimum of 8 weeks. 

If an application submitted to regularise a planning breach is refused, the applicant has the right to appeal the planning decision. In some instances, we will issue an Enforcement Notice following refusal of planning permission and after the owner has been given a final opportunity to comply and not done so. 

Sometimes more formal action such as serving a formal notice will be delayed until the planning appeal decision has been received. Planning and Enforcement Notice appeals can take a year or more to be determined, this time frame is not determined by North Devon Council but by the Planning Inspectorate.