How are Planning Enforcement cases decided?
Officers investigating a case are looking for the facts and will only state that a breach has occurred when this is proven on site.
It is important to note that it is not appropriate to take enforcement action just because a planning application was not submitted prior to the development.
Officers of the Council have a legal right to enter land to investigate reported breaches.
The Council will, in most cases, write to the landowner when a breach of control is substantiated and ask that he / she remedies the breach voluntarily, in an agreed time-scale.
If co-operation with the Council is not obtained, then enforcement action is likely to be taken.
At each stage of formal enforcement action the Council may, if appropriate, seek to offer various options, which will avoid time consuming and often-costly appeals or prosecution proceedings.
If the investigating officer deems that the breach is minor, taking further action may not be justified.