Out last enforcement blog looked at types of notices and resolution for planning breaches, in this article we’ll consider what powers Local Planning Authorities have and what parties could be involved in any potential enforcement action.
Planning enforcement officers have several powers to investigate breaches of planning control and enforce compliance:
- Entry and inspection – Section 196A of the Town Planning Act gives any person, duly authorised in writing by a Local Planning Authority, the right to enter any land at any reasonable hour provided there are reasonable grounds for believing that entrance is required to “ascertain whether there is or has been any breach of planning control on the land or any other land”. However 24 hours’ notice must be given to the occupier of any building used as a dwellinghouse before admission to the premises can be obtained. A LPA can secure a warrant if access is not permitted, in these circumstances they can enter land to check if a breach exists or the terms of an enforcement notice are being met.
- Information requests – They can serve Planning Contravention Notices or use section 330 notices to require individuals to provide information about ownership/activities.
- Serving notices – Officers are authorised to serve the main enforcement notices like Enforcement, Breach of Condition and Stop Notices where a breach is identified.
- Default powers – If notice requirements are not complied with, officers can enter land to undertake required works in default.
- Prosecution – Officers can launch prosecutions for non-compliance with a notice or obstruction of their duties.
- Injunctions – Planning authorities can apply to court for injunctions to stop ongoing breaches.
- Registration – Details of formal enforcement activity are entered on planning authority enforcement registers.
Enforcement officers have wide investigative powers as well as authorisation to serve notices, undertake default works, seize items, prosecute non-compliance cases and register enforcement actions. Their role is to properly enforce planning regulations.
The typical steps planning enforcement officers will take to determine if a breach of planning control has occurred include:
- Review of planning history – Check the planning file and any approved plans/conditions for the site.
- Site visit – Inspect the site in person to view the nature and extent of the suspected breach. Take photos/measurements.
- Discuss with owner/occupier – Make contact to understand their perspective and gather any relevant information.
- Serve Planning Contravention Notice – Use this legal notice to formally require information from the owner if needed.
- Check aerial/mapping data – Compare current site conditions to historical aerial imagery to spot changes over time.
- Consult other departments – Speak to building control, environmental health etc. about any related permits/issues.
- Interview witnesses – If necessary, obtain eyewitness statements from neighbours about the alleged breach.
- Consider evidence – Assess all the collected information to determine if it appears on the balance of probabilities that a breach has occurred.
- Seek internal advice – Consult with legal/planners on the gathered facts and merits of the case.
- Make determination – Formally conclude if a breach exists based on the cumulative weight of evidence collected during the investigation process.
- Its likely that sign off will be needed from senior officers, the legal team, the Chair of Planning Committee or the Committee themselves to enable action to be take, in some instances this red tape can be a protracted process.
Thorough investigation is important to properly establish the facts before taking formal enforcement action.
When it comes to planning enforcement, there are a few different parties that can be liable:
- Landowner: As the owner of the land where the breach occurred, the landowner is ultimately responsible. Enforcement notices and other actions are served on the landowner.
- Developer: If a developer carried out works that breached planning permission, they can be liable.
- Occupier: If someone is occupying land where a breach occurs, e.g. through an unauthorised change of use, the occupier can also be pursued by enforcement action.
- Successor in title: If land is sold with an ongoing breach, the new landowner takes on responsibility and can be subject to enforcement notices or other actions.
- Builder: A builder or contractor hired by the developer/landowner to carry out works may face liability if they failed to ensure works complied with permission.
- Agent: A planning or other professional agent advising on a project could face liability for poor advice that led to a breach.
In summary – the landowner bears ultimate responsibility, but enforcement can also be taken against the developer, occupier, any successor in title, and in some cases builders or advising professionals. It depends on who is determined to be responsible for the specific breach.
Related Content
Planning enforcement can be a complex area to navigate, especially when facing potential breaches.
If you do find yourself in a situation where you’ve carried out works without consent, be mindful that enforcement issues can be complex and fast paced, take a look at our Enforcement eBook which uncovers everything you need to know about breaches of planning control, including enforcement time limits, non-compliance, the range of methods used to tackle a breach and different types of enforcement notice.
You might also find some of the following articles useful:
- How to resolve planning breaches: As guide to enforcement notices and actions
- Changes to planning enforcement timescales
- A Practical Guide to Planning Conditions
- A Practical Guide to Certificate of Lawful or Proposed use or Development (CLPUD)
- 4-Years or 10-Year Rules (CLEUD)
At Planning House, we provide expert advice to help clients manage potential planning breaches and reach satisfactory outcomes. Please don’t hesitate to get in touch if we can can offer additional advice or guidance on an enforcement issue.
