Cornwall Council’s Planning Enforcement Plan sets out our procedures for dealing with alleged breaches of planning control. It explains how the Council best uses its planning enforcement resources.
The principles of good planning enforcement
Planning enforcement is a discretionary power. We consider each case on its own merits to decide what action is necessary. We look carefully at the degree of planning harm the unauthorised development is causing, or may cause.
Enforcement action must always be proportionate to the severity of the planning harm. The LPA should not take action just to ‘regularise’ development which:
- is acceptable on its planning merits but
- for which planning permission has not been obtained.
The Council will consider the full range of options when deciding what action to take. This can include negotiation, retrospective planning applications, or where appropriate, formal enforcement action. Or, it could decide that no action is required because no harm is being caused.
Planning Enforcement Officers will carry out their duties equitably and consistently:
- considering each individual matter on its merits
- using a consistent approach against breaches of a similar nature and circumstance.
This does not mean officers treat all cases the same. It does mean officers consider all circumstances of a case. They take into account:
- the Council’s adopted Development Plan (including where relevant Neighbourhood Development Plans) and
- the material planning considerations
- whether other legislation would be better to achieve the desired outcome.
In all but the most serious cases, we aim to negotiate compliance rather than pursue formal enforcement action. This is providing we can reach an appropriate resolution in good time.
Minor breaches of planning control that do no harm will not have action taken against them. This applies even if the developer refuses to apply for planning permission to regularise the development.
We aim to provide a consistently high-quality service about our planning enforcement duties. This is in accordance with the Government’s Enforcement Concordat principles of:
- standards
- openness
- helpfulness
- proportionality
- consistency and
- how to complain about the service.
Compliance with these standards runs through the plan.
How can a planning enforcement issue be reported?
We strongly advise to check whether the development or activity already has planning permission before submitting any enquiry. You can check this using our online planning register.
Search for a planning permissionIf you believe there is a breach of planning control which is causing planning harm, you can report the matter using our complaint form. You can include photographs. Please do not put yourself at risk when taking photos.
Report an alleged breach of planning controlYou must complete the correct form for us to consider your reported matter.
You must include the information requested under the section ‘What is the harm arising from the development’. This ensures that we can take your concerns into account when assessing the matter.
We will not investigate anonymous reports. This ensures that public resources are not spent unnecessarily investigating hoaxes or malicious complaints. Should legal action be appropriate, the Council need to state in Court that a local resident reported the matter.
All details provided by a complainant will remain confidential unless it's needed as evidence in court. In this case we will make all reasonable efforts to inform you before disclosing any information.
How will the Council deal with a report of an alleged breach of planning control?
When we receive a completed form a member of the team will triage the report. We prioritise our resources for matters which are a breach of planning control where harm is being caused.
Historically, 40% of reports made were not found to be a breach of planning control. This meant we spent a lot of resource on matters that we cannot control.
So, if it appears at the outset the reported matter is not a breach of planning:
- we will not set up a case for it and
- we will notify the individual who made the report
- if a different team within the Council or a different agency could deal with it, we will re-direct the enquiry as appropriate.
We will also not investigate reported matters relating to householder development that could be a breach of planning control unless the complainant can demonstrate the development causes significant planning harm.
This is because the planning system is permissive. Planning harm is rarely caused by minor household developments. These include things like fences, outbuildings, and small extensions.
This means we can focus on the serious breaches of planning control where our intervention is necessary.
You can find out more about the stages of an enforcement investigation using this link to our Planning Enforcement Investigation Process webpage.
Planning enforcement is a lengthy process. Government guidance sets out that formal enforcement action is usually a last resort. If there is a breach of planning control, we usually give the responsible person the chance to put the matter right first. This opportunity is normally given before taking formal enforcement action.
Please note that the specific information relating to the enforcement case would contain personal data. This is as defined under the General Data Protection Regulations (GDPR). We are unable to share this information. This means that we cannot provide regular updates on what is happening in individual cases during our investigation.
If an update on an enforcement investigation is requested, we can only provide information as to what stage the investigation has reached. Once we finish the investigation, we will provide a summary of our findings to the individual(s) who reported the matter to us.
Under Section 196 of the Town and Country Planning Act 1990, Planning Enforcement Officers have the right to access without notice to investigate a suspected breach of planning control on that land or adjoining land. Officers must give at least 24 hours notice to enter a dwellinghouse.
Failure to permit officers access to land is an offence. The Council reserves the right to prosecute anyone who wilfully obstructs entry. We will seek a warrant from the Courts to gain entry.