This enforcement policy incorporates and is consistent with the Enforcement Concordat produced by the Government’s Better Regulation Task Force as principles of good regulation.

This Policy sets out what individuals and organisations can expect from Bath & North East Somerset Council in carrying out its planning enforcement functions. 

The objective of the enforcement process is to remedy the undesirable effects of:  

• Unauthorised development;

• Unauthorised works to protected trees;

• Unauthorised works to hedgerows.

Service Standards

In exercising its enforcement function, officers will carry out site visits, give advice on compliance and where appropriate, will consider formal enforcement action.

Planning Services will monitor the number of investigations carried out and record and publish action taken, whether formal or informal.

The Planning Service will:  

• Ensure all enforcement complaints received are recorded within 24 hours;

• Ensure all written enforcement complaints are acknowledged within 5 working days of receipt, giving the contact name and telephone number of the officer dealing with the investigation;

• Ensure sites, the subject of enforcement, which require inspection are visited within the time scales identified in the Priority List;

• Ensure that on-going cases are subject to regular review, that all interested parties, including Ward Members, are kept informed of progress and responses to correspondence are dealt with within the corporate time scales.

Openness

The Planning Service will:  

• Review performance regularly and publish results;

• Provide information and advice to individuals and organisations;

• Keep all interested parties informed as to the progress with any investigation;

• Where formal action is necessary, make it clear as to why the Local Planning Authority intends to take, or has taken, enforcement action.

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Helpfulness

Planning Services have produced advice notes and information on enforcement matters in relation to:  

• Trees

• Hedgerows

The Planning Service will seek to provide further advice notes to provide guidance to the public and other interested parties.

Proportionality

As far as the law allows, the Planning Service will take account of the circumstances of the case and the degree of harm or potential harm when considering action.

Consistency

Consistency of approach does not mean uniformity. Each individual matter will be considered on its merits.  There will be a consistent approach to enforcement action in similar circumstances. 

Principles of Good Enforcement Procedures

The Planning Service will ensure that:

Advice from an officer will be put clearly and simply and will be confirmed in writing on request.  This will explain why any remedial work is necessary and over what time scale.

Where no action can, or is to be taken, the complainant will be notified in writing of the reasons for that decision.

Unless immediate action is required, officers will provide the opportunity to discuss the circumstances of the case before formal action is taken.  For example, this might be in the interests of health and safety, environmental protection or to prevent evidence being destroyed. 

Where immediate action is considered necessary, an explanation of the reasons will be given at the time and confirmed in writing together with a time scale for implementation.

Where formal action is taken by the Local Planning Authority issuing a statutory enforcement notice, all parties served with a copy of the notice will be informed of the appeal procedure and advised in writing of the consequences of non-compliance with such a notice.

The Planning Service will consider prosecuting individuals or organisations who do not comply with any formal notice served on them, and will take direct action, where necessary, having regard to degree of harm and public safety.

Complaints about the Service

If you are unhappy about the advice given, action taken or the level of service you have received from Planning Services in relation to how it carries out its enforcement functions, you will be given the opportunity to discuss the matter with the relevant Team Leader. 

Officers receiving such a request will refer the matter to their Team Leader who will:  

• Listen to the details of the complaint;

• Consider whether the enforcement policy has been breached in this particular case;

• Provide a written response to the person making a complaint about the matters mentioned above.

This undertaking is made without prejudice to any formal appeal procedure.

If the problem cannot be resolved between the parties, the person making the complaint about the service will be informed of the Council’s Corporate Complaints Procedure. 

Priority List

The following Priority List is for guidance only and is not an exhaustive list.