Planning Enforcement Charter

Regeneration and Planning

(Development Management)

First Adopted - 12 December 2011

Revised Edition – 1 January 2017

The Development Management Service is responsible for the enforcement of planning controls within the Lancaster District.

The aim of his Planning Enforcement Charter is to set out how the Development Management Service will address breaches of planning control and how it aims to prioritise its work.

This Charter describes the process of enforcement, the range of powers that are available, and how the Council will decide whether or not to pursue enforcement action.

The Charter was first adopted in December 2011. The National Planning Policy Framework, published in March 2012, recommending that local planning authorities should consider publishing a local ‘enforcement plan’ to manage enforcement proactively in a way that is appropriate to their area. For the avoidance of doubt, this Planning Enforcement Charter represents the City Council’s local enforcement plan.

The provisions of the Charter are enshrined within the Council’s Development Plan. Development Management DPD Policy DM50 (The Enforcement of Planning Controls) indicates that:

A review of the Planning Enforcement Charter took place during 2016, and this has resulted in a revised edition of the Charter which accords with the most recent legislative changes and updated Council priorities.

Enforcement and the Planning System

A breach of planning control is defined by Section 171A of the Town and Country Planning Act 1990 as:

  • The carrying out of development without the required planning permission; or,
  • The failure to comply with any condition or limitation subject to which planning permission has been granted.

Breaches of planning control are rarely a criminal offence. It is however an offence to fail to comply with a Notice served by the Council which requires the breach of planning control to cease, or to be remedied.

It is also a criminal offence if works are undertaken to protected trees without first obtaining the relevant permission; or where works are carried out to a Listed Building without first obtaining Listed Building Consent; or where an advertisement is displayed without first obtaining Advertisement Consent.

The planning system aims to achieve a balance between competing demands in the wider public interest, and so the Council remains impartial in all cases. Enforcement action is open to challenge either on appeal or through the courts, and so the Council must be confident that the enforcement action is commensurate to the alleged breach of planning control.

In making this judgement, the Council will consider whether it is expedient to pursue enforcement action by having regard to the Council’s Development Plan and any other material planning considerations.

Expediency

Local authorities have discretion to take enforcement action. National Planning Practice Guidance advises that enforcement action should be “proportionate to the breach of planning control to which it relates”. Therefore, it is for the local planning authority to consider, in each case, whether it is expedient to pursue enforcement action.

In considering enforcement action, the decisive issue is whether the breach of planning control would unacceptably affect public amenity or would unacceptably affect the existing use of land/buildings which merit protection in the public interest.

Where the breach of planning control is minor, or involves a technical breach of planning control that would be likely to benefit from retrospective permission, pursuing enforcement action would usually be inappropriate. That is not to condone any breach of planning control; nor does it provide the landowner with a formal permission. Serious problems can still occur when the landowner tries to sell a property (or land) where the appropriate planning permissions have not been secured and where this is revealed on any land search. Landowners are advised to either regularise the position by applying for retrospective planning permission, or by applying for an Existing Lawful Development Certificate.

The Expediency Test

In order to provide greater clarity for landowners and complainants, the Council’s Planning Enforcement Officers will be able to explain why it is considered expedient or not expedient to pursue a particular case. This decision will be based upon the following test:

Resources

The Planning Enforcement Team for the Lancaster District comprises 2 Officers. They receive approximately 300 complaints of potential breaches of planning control per year. Whilst some of these complaints will be minor, there will be complaints which inevitably involve formal enforcement action, including lengthy court proceedings.

For those reasons the amount of resources that are available to the Council will vary from time to time. As a consequence, the Council will always prioritise its resources appropriately.

When a complaint is received, the Council will assign a temporary Priority Level to the case. The Priority Level will then be confirmed once the Enforcement Officer has made further investigations.

The Priority Levels used by the Council are defined below.

Priority Level / Alleged Breach of Planning Control
A / Unauthorised development or works that appears to cause irreparable harm to designated heritage assets; the environment or to public safety.
This would include works to Listed Buildings, including demolition, alteration or disrepair; demolition of buildings in a Conservation Area; works to trees protected by a Tree Preservation Order or Conservation Area status; or advertisements that are considered to be a danger to public safety. This is not an exhaustive list.
B / Unauthorised development, works or activities (Including breaches of planning conditions) where formal enforcement action is considered to be expedient because of the adverse impact caused to public amenity, residential amenity, or because of failure to comply with Development Plan policies.
This would include unauthorised change of use of land, untidy land or unauthorised buildings whereby the breach of planning control has the potential to cause harm; breaches of planning conditions where the breach has the potential to cause harm; a failure to comply with approved plans where non-compliance has the potential to cause harm; advertisements that cause harm to visual amenity; and developments that are contrary to Development Plan policy. Note: This category is unlikely to include unauthorised householder extensions except in the most extreme of circumstances. Again this is not an exhaustive list.
C / Unauthorised householder development or any other alleged breaches of planning control that are not included in Categories A or B.
D / Anonymous Complaints

Case Management

The Enforcement Officer will determine how to proceed with the initial stage of the investigation. The initial stage comprises research of the site history and will often (but not always) involve a site visit to assess whether a breach of planning control has occurred.

Priority Level / The Initial Investigation to assess the breach will be concluded within:
A / 24 Hours of receipt of complaint
B / 10 Working Days of receipt of complaint
C / 20 Working Days of receipt of complaint
D / Will not be investigated unless resources permit

In all cases the complainant will be notified of the outcome of the initial investigation. Complainants will also receive notifications at key milestones thereafter. These milestones will include:

  • Where a retrospective planning application is invited;
  • Where a retrospective planning application is received;
  • Where the Council issues a formal Notice;
  • Where the case file is being closed.

Because of the varied nature of breaches of planning control, it is difficult to estimate how long an enforcement case will take to conclude. The Council has notionally set a target of 12 weeks (60 Working Days) from the date of receipt to try to conclude most enforcement cases. In some circumstances this will not be possible, particularly where a retrospective planning application is submitted or an appeal against a formal Notice is lodged. Similarly, in those rare cases which have not been resolved and court proceedings are necessary, the process will be lengthy whilst statutory procedures are followed.

Standards of Service and Performance Monitoring

Public confidence in the enforcement system is paramount, and will not be maintained if cases are not investigated in accordance with the standards in this Charter.

In adhering to this Charter, Officers involved in the planning enforcement process will, at all times conduct themselves impartiallyand courteously at all times and will act in the wider public interest, within the legislative boundaries of planning control.

All allegations of breaches of planning control will be investigated in accordance with the Priority List, Expediency Test and Case Management Timescales as set out in this Charter.

In order to ensure the delivery of an effective Planning Enforcement Service, the following indicators of performance will be monitored by the Council.

  • Percentage of cases where the Initial Investigation has been concluded within the target timescales.
  • Percentage of initial site visits carried out within 5 working days of the compliance date of any formal notice.
  • Percentage of cases where the breach of planning control has ceased or been remedied within 60 working days of the receipt of the complaint.

This data will be reported quarterly to the Planning and Highways Regulatory Committee.

Whilst the Council will insist on high standards of service and courtesy from its Officers, it also expects a similar level of communication from those engaged in any enforcement investigation. The Council will not tolerate threats, including verbal abuse, to any of its Officers. Any person making such threats or abusive behaviour will be reported to the Police, who will be requested to attend any future site visit.

Please Note: When a site is visited those present on site may be questioned, or, if need be, cautioned in accordance with the Police and Criminal Evidence Act 1984. At the site visit photographs will be taken of the alleged breach to enable the Planning Enforcement Officer to keep a record of the site under investigation and be used to make further assessments of the case.

How to Report a Planning Complaint

Anyone who believes that a breach of planning control has occurred, or is occurring, may make a complaint. However please be aware that the following matters lie outside the planning system and cannot be investigated:

  • Boundary disputes;
  • Land ownership queries;
  • Obstruction of a right of way.

The fastest method of reporting a complaint is via the Online Enforcement Report Form, which is available at

Alternatively a complaint can be reported via email to

If you do not have access to the internet, complaints can be made in writing to:

Development Management (Planning Enforcement), Lancaster City Council, PO Box 4, Town Hall, Lancaster, LA1 1QR.

When making a complaint you should be prepared to identify yourself and leave contact details with the Enforcement Officer. It is not usually possible to investigate anonymous complaints, due to the problems caused later in the investigation by the absence of witnesses or credible evidence.

When making your complaint you should identify;

  • The precise location where the alleged breach of planning control has occurred/or is occurring;
  • The nature of the breach of planning control; and,
  • The reason for making your complaint (you should describe the impact that the alleged breach of planning control is having upon you and/or the locality).

This information is necessary to allow the enforcement investigation to proceed.

Whilst the Development Management Enforcement Team will try to ensure that a complainant’s identity remains confidential, it cannot guarantee that this will remain the case if matters progress to legal proceedings, where a successful outcome may depend upon the willingness of complainants to appear as a witness in court. Some information can also occasionally be subject to the Freedom of Information Act 2000 and therefore may have to be disclosed.

Planning Enforcement Register

In accordancewith the requirements of Section 188 of the Town and Country Planning Act 1990, the Council maintains a Register of Enforcement Notices, Breach of Conditions Notices, Stop Notices and Enforcement Orders that we have served since 1996. The list is updated on a quarterly basis. The register is available at: Note: The Council does not accept responsibility for any errors or omissions in the information provided.

Appendix 1 - Enforcement Methods

The majority of breaches of planning control are resolved informally through discussion and negotiation. This may include:

  • Remedy of the Breach – This is where the landowner or occupier takes immediate action to remove or remedy the breach of planning control without the need for formal action by the Council.
  • No Formal Action – This is where the Council has assessed the breach of planning control using its Expediency Test, and it has determined that it is not expedient to pursue formal action. This may be because the breach involves a technical or trivial breach of control causing no harm or adverse impact upon the amenity of the site or the surrounding area; or where the development is considered acceptable on its planning merits and formal enforcement action would solely be to regularise the development; or the Council considers that a retrospective planning application is the appropriate way in which to regularise and control the development.
  • The Submission of a Retrospective Planning Application – the Council can invite a retrospective planning application as a way of regularising the situation. It cannot be assumed that permission will be granted. The Council can decline to determine a retrospective planning application if an Enforcement Notice has already been issued. If a planning application for a retrospective development or activity is refused, then under planning law the applicant still has a right to appeal against the decision of the Council. That appeal is heard by the Government’s Planning Inspectorate. If following the appeal the Planning Inspector upholds the Council’s decision, and dismisses the appeal, then enforcement action can then continue. If the appeal is allowed, then the Inspector will explain the reasons for allowing the appeal and will also list any planning conditions that should accompany the grant of permission.

There will be cases where the unauthorised development carried out is unacceptable in planning terms, and formal action will be necessary to resolve the breach.

To commence enforcement action, the Council must establish which persons have an interest in the land or buildings that are the subject of the planning breach. Even where complainants may think that they know the full names and addresses of the persons responsible, the Council has to ensure that no other person has a land or property interest. Therefore the Council has to gather information, and it can do this by one of two methods:

  • A Section 330 Requisition for Information (s330) – which requires those with a land or property interest to complete the s330 Notice and identify their names, addresses and extent of their land/property interest. Failure to respond is a prosecutable offence.
  • A Planning Contravention Notice (PCN) – a PCN can include additional questions to those posed by the s330 Notice, and may be used (for example) to establish dates when an unauthorised activity commenced, or to identify the future intentions of the owner/occupier. However a PCN can only be served if it appears that a breach of planning control may have occurred. Again, non-return of a PCN is a prosecutable offence.

Once this information has been gathered, and where negotiation has failed to remedy the breach of planning control, the Development Management Enforcement Team can consider the use of one (or more) of the following methods:

  • An Enforcement Notice (EN) – this is a Notice which imposes a legal duty on those with an interest in the land/building to ensure that the breach of planning control, which will be defined within the EN, ceases within a specific period (which will also be defined in the EN). The specific period can be no less than 28 days. Recipients of the EN may appeal to the Planning Inspectorate, effectively suspending the provisions of the EN until the appeal is determined. ENs are entered onto the Land Charges Register and so they run with the land, thus remaining effective even after compliance has been achieved.

In some circumstances the Council may decide not to require action be taken against all of the breach, but instead identifies lesser steps which will remedy matters. This is called ‘under-enforcement’.

Non-compliance with an EN within the specified period is a criminal offence for which the recipient may be prosecuted in the Magistrates’ Court. A person guilty of an offence is liable to a fine not exceeding £20,000 (or on conviction on indictment to an unlimited fine). The court will have regard to any financial benefit accrued as a consequence of the offence. If the Council is successful at prosecution, it can apply for a Confiscation Order, under the Proceeds of Crime Act 2002, to recover the financial benefit obtained through unauthorised development.

  • A Breach of Condition Notice (BCN) – this notice is used where a planning applicant has failed to comply with planning conditions attached to a planning permission. The Notice will identify the conditions that are the applicant has breached, and set a timescale for resolving – in full – those conditions. There is no right of appeal against a BCN. Failure to comply with a BCN can lead to summary prosecution in the Magistrates’ Court. BCNs are not entered onto the Land Charges Register.
  • An Untidy Land or Section 215 Notice (s215) – this is a specific Notice seeking to remedy untidy land or buildings. Often referred to as a Section 215 Notice (because it relates to Section 215 of the Town and Country Planning Act 1990), it will specify the area of land/building that is untidy, and identify the precise measures that are required to remedy the condition of the land/building. The Council has to demonstrate that the land or buildings are not just untidy, but that its condition adversely affects amenity as a consequence of its untidiness. A s215 Notice can be appealed by the recipient. Failure to comply with a s215 Notice is a prosecutable offence in the Magistrates’ Court.
  • A Stop Notice (SN) – A SN will only be used in exceptional cases where it is considered essential to safeguard public amenity or prevent serious or irreversible harm to the surrounding environment. There is no right of appeal against a SN. This Notice can prohibit any or all of the activities which comprise the alleged breach of planning control specified in an EN. It can require these activities to cease ahead of the date for compliance set out in an EN.

Failure to adhere to a SN is an offence, liable on summary conviction to a fine not exceeding £20,000, and on conviction on indictment, to an unlimited fine. When setting the fine, the Courts will have regard to any financial benefit which has accrued, or is likely to accrue, as a consequence of the offence.