To seek the Planning Committee’s approval to adopt the revised Planning Service Enforcement Policy and the associated Harm Assessment.

Members were told that the National Planning Policy Framework (NPPF) required planning authorities to consider publishing a local planning enforcement policy or plan which described how the Council would manage planning enforcement in a way which was appropriate to their specific area. The NPPF also made clear that planning enforcement was discretionary and local authorities should act proportionately in responding to breaches of planning control.

The Committee heard that the purpose of the policy was to provide elected Members and the wider public with a clear understanding of how planning enforcement would be delivered and the criteria used in making assessments of potential breaches of planning law.

It was reported that the Planning Service Enforcement Policy document had been updated from the version last adopted with the approval of the Planning Committee in September 2022 to address areas requiring updating and taking the opportunity to make improvements.

Members were made aware that some notable areas of the new Enforcement Policy where changes from the 2022 version were proposed included:

1.    Integration with Building Control Enforcement

The current 2022 policy only covered planning enforcement and did not include any reference to how the Council might deal with breaches of building control regulations, which could have significant safety and compliance implications.

Members also heard that the revised document took the opportunity to incorporate Building Control Enforcement, ensuring that non-compliance with building regulations (which could be a criminal offence) was addressed alongside planning breaches. Building Control was now required to have an Enforcement Policy under Building Safety Regulator requirements introduced recently, and if not included in the document, must form a separate policy for the Council or otherwise it represented a risk to the Council and potential penalties.

2.    Prioritisation and Response Times

Officers made Members aware that the 2022 policy referred to four priority levels (Levels 1 to 4) for the consideration of enforcement complaints, which in practice had proven to be unnecessary and, for some cases, ineffective. The current policy required urgent breaches to be investigated within 2 working days, while the least urgent could take up to 15 days. However, in practice, Officers had been able to carry out most visits quicker than 15 days.

The revised policy simplified priorities into a single standard response time (5 working days) but allowed for immediate action in urgent cases (e.g. demolitions, protected trees). A traffic light system approach (Red, Amber, Green) was now proposed to help determine urgency.

3.    Improved Transparency & Public Accountability

Members were also informed that the Council had, in recent years, improved public accessibility to information on enforcement cases and their progress. In the past, information had not always been readily available online, and complainants had had to wait for 21-day updates with limited details.

The new policy reflected current practice which ensured that all live enforcement cases (except confidential ones) were published online. Updates were more structured, with specific reporting stages as detailed in the policy.

4.    Clearer Enforcement Decision-Making Framework

The current 2022 version of the Planning Enforcement Policy, whilst setting out the Council’s approach to enforcement matters, was not presented as a set of clear policies on different subjects relating to enforcement. To improve the clarity and usability of the document, including a clearer definition of what constituted “harm” the structure of the new revised policy set out specifically defined policies that would help ensure that enforcement decisions were consistent, justified, and based on clear public interest and proportionate action. In addition, the policy background had been updated and added to reflect all current considerations and changes in legislation, policy and approach.

5.    Clearer commentary around Legal Position & Unclear Consequences

The proposed revised policy sought to improve the commentary around the distinction between unlawful and criminal offences as well as specifying clear consequences for breaches. The current 2022 version of the policy covered those matters in general terms, but the update had offered an opportunity to strengthen the text and offer more clarity.

The revised policy therefore explicitly stated which breaches were criminal (e.g. demolishing a listed building), the legal consequences for non-compliance with notices (e.g. fines, prosecutions, injunctions) and specific procedures for withdrawing enforcement notices.

6.    Improvements to Compliance Monitoring & Follow-Up

To strengthen arrangements around monitoring compliance with planning obligations and planning conditions, the revised policy included a structured case review process, including six-monthly updates on all cases and regular updates to the Planning Committee.

7.    Biodiversity & Environmental Protections

The revised policy had been updated and strengthened to refer to environmental legislation including the introduction of new requirements (e.g. biodiversity protection). The provisions of the Natural Environment and Rural Communities Act 2006, for example, were now having to be factored into enforcement decisions. The Council must ensure that enforcement actions conserved and enhanced biodiversity.

8.    Withdrawing Enforcement Notices

The revised policy had been improved to include explanation of when and why an enforcement notice might be withdrawn. It set out the need for a formal justification for withdrawing notices.

9.    Case Investigation & Evidence Collection

The revisions to the policy sought to strengthen consistency in the approach taken to site investigations. It set out clear guidance on when Officers could record evidence such as photographs, drone footage and body cam footage. The ability to use such evidence, when appropriate, would help to improve the effectiveness of enforcement investigations.

After discussion by the Committee, it was moved by Councillor Alexander, seconded by Councillor Smith and:-

RESOLVED that the revised version of the Planning Service Enforcement Policy 2025 (Appendix A) along with the associated Harm Assessment 2025 (Appendix B) along with the LABC Enforcement Policy (Appendix C) be adopted.