The purpose of planning enforcement
The purpose of the planning system is set out in the NPPF “is to contribute to the achievement of sustainable development, including the provision of homes, commercial development and supporting infrastructure in a sustainable manner. At a very high level, the objective of sustainable development can be summarised as meeting the needs of the present without compromising the ability of future generations to meet their own needs”. Essentially the planning system seeks to ensure that the right type of development happens in the right place at the right time without causing demonstrable harm. Through the implementation of local and neighbourhood plans, the planning system plays a key role in identifying:-
- what development is needed;
- where the development is needed;
- which areas need to be protected and/or enhanced;
- what type of development is considered suitable
The objective of effective planning enforcement is to address any harm caused by a breach of planning control rather than to punish those involved. Planning enforcement is a discretionary power and the Council will only use these powers where considered necessary.
The Council will investigate alleged breaches of planning control to determine whether a breach has occurred. Where a breach has occurred, the Council will make a considered decision on the most appropriate and proportionate course of action to take to remedy the harm.
Whilst in no way condoning breaches, the Council will not take enforcement action solely to regularise development, which is otherwise acceptable.
An important question that the Council will consider when deciding whether enforcement action is appropriate is:
“If an application for planning permission had been made, would it have been refused, or only granted subject to controlling conditions?”
The onus is on a negotiated resolution of a breach, but where this cannot be achieved, or becomes protracted, the Council has at its disposal a wide range of enforcement powers, which can be used to remedy the harmful effects of identified breaches of control.