This Policy aims to provide an efficient planning enforcement service in support of the Council's statutory planning service in a clear, consistent, proportionate and open manner. It sets out the standards individuals and organisations can expect from Bath & North East Somerset Council in carrying out its planning enforcement functions.
The objectives of the enforcement process is to:
- Investigate, resolve and monitor unauthorised development and works to listed buildings
- Investigate, resolve and monitor unauthorised works to protected trees and hedgerows;
- Monitor compliance with planning permissions, conditions and Planning agreements.
- Respond to complaints in an efficient and timely way.
The integrity of the Local Planning Authority (LPA) and Development Management function depends on the Council's ability to take appropriate enforcement action. Without this function the Council would be unable to monitor unauthorised or non complying development within the District.
This enforcement policy incorporates and is consistent with the Enforcement Concordat produced by the Government’s Better Regulation Task Force and embraces the principles of:-
- Consistency - Each individual matter will be considered on its merits; will be a consistent approach to enforcement action in similar circumstances. It does not mean uniformity.
- 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 appropriate action
- Openness - The Planning Service will:
* Provide information and advice to individuals and organisations;
* Keep complainants, owners/developers and Ward Councillors informed about any significant progress events with any investigation;
* Make it clear as to why the Local Planning Authority has decided to take or not to take formal enforcement action or why the case has been closed.
* Review performance regularly and publish results.
Within the terms of the Planning Acts the Local Planning Authority may issue an enforcement notice only where it appears to them that there is a breach of planning control and that it is expedient to issue the notice, having regard to the provisions of the Development Plan and to any other material considerations.
The Council's planning enforcement team will therefore only investigate those matters that constitute a breach of planning control within the terms of the the Town Country Planning Act, 1990 (as amended) and the High Hedges Regulations.
This will consist of
- Unauthorised buildings, uses, works to listed buildings, advertisements;
- non compliance with permissions, conditions and Planning Agreements; and
- unauthorised works to protected trees and hedgerows.
The emphasis will be firmly on negotiating compliance or regularising breaches of planning control before considering formal enforcement action. The Council will take formal enforcement action only where it considers it expedient to do so, the tests for which are set out below.
In exercising its enforcement function, all complaints about alleged breaches of planning control must be received in writing. The complaints will be prioritised in accordance with the following criteria and timescales
The Planning Enforcement Service will ensure that :
| General Action | No. of working days |
| complaints received are recorded within | 1 |
| complaints are acknowledged giving the contact name and telephone number of the case officer | 5 |
| cases are subject to regular review, that complainants, subjects and Ward Members, are kept informed | When there is significant progress. This will fall to be determined by the case officer in conjunction with the relevant team leader/Development Manager |
Cases will be prioritised in accordance with the following:
| Priority | Action | Working days |
| High - Works that cause irreversible damage for example alternations to listed buildings, works to trees or works that significantly affect community health and safety | Site visit Progress report Action | 2 20 |
| Medium - Works within a conservation area or World heritage site, non compliance with planning permissions, consents, conditions and Planning Agreements | Site visit Progress report Action | 5 30 |
| Low - All other complaints | Site visit Progress report Action | 15 40 |
Planning Services will monitor the number of investigations carried out, record and publish action taken, whether formal or informal.
The Planning Enforcement Service will ensure that:
- Advice from an officer will be put clearly, simply and in writing.
- Where no action can, or is to be taken, the complainant and the subject will be notified in writing of the reasons for that decision.
- Unless immediate action is required, officers will endeavour to negotiate compliance or resolution and to provide the opportunity to discuss the circumstances of the case before formal action is taken.
- 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 consider taking direct action, where necessary, having regard to degree of harm and public safety.
- Where no formal action is considered appropriate, the reasons will be given to the subject and the complainant.
- Enforcement investigation cases will be closed in accordance with the planning enforcement criteria set out below.
No breach was found
Breach has been removed/use ceased/compliance
Submission of planning application/listed building application
Submission of appeal
Not expedient to take enforcement action i.e.
Permission is likely to be granted
Breach is not causing significant harm (de minimus)
Cases can be reopened depending on the outcome of the above
- The Council’s Scheme of Delegation will be applicable in all cases.
A complaint about an alleged breach of planning regulations can be submitted by anyone, including private individuals, public bodies, elected members and council officers.
All complaints should be received in writing giving -
- the address of the property where the alleged breach has taken place
- the nature of the alleged breach
- the name and address of the complainant
- a contact telephone number
- any evidence available
In order to ensure there is no misunderstanding in the detail or the validity of the complaint, all telephone complaints must be followed up in writing with the information identified above. Complainants details will be taken in confidence, subject to the Freedom of Information Act, but are necessary to establish the validity of the complaint and to enable complainants to be kept informed. Complainants should however be aware that in some cases it may be a relatively simple deduction for a subject to identify the source of the complaint.
Anonymous complaints will not be investigated.
Other advice
Planning Services have produced advice notes and information on enforcement matters in relation to:
- Trees
- Hedgerows
- High Hedges
The Planning Service will seek to provide further advice notes to provide guidance to the public and other interested parties.
Complaints about the Service
If you are unhappy about the level of service you have received from Planning Services or how the process and procedures used in carrying out its enforcement functions, you may discuss the matter with the Senior Enforcement Officer or take it further through the Council’s Corporate Complaints Procedure.
If you do not agree with the LPA’s decision to either take or not to take formal action Officers will provide one written response to written submissions querying the decision.