Enforcement Analysis

Here are the steps we take in analysing the results of an investigation:

Did the matter alleged actually occur? If not, the Council can take no action. For example the Authority cannot act on allegations of intent, only on evidence.
If it did occur, is it a breach of planning control? There are many operations on and uses of land that can take place without the need for planning permission. No action can be taken in such cases.
Is it lawful anyway? It is possible that the operation on or use of the land has planning permission or has been in place over a long period of time (generally 10 years in the case of uses of land, 4 years in the case of building operations).

The analysis can take some considerable time; especially if there has been a complex planning history in the past or if specialist legal advice is required. The Council will not take action until it is satisfied that there is sufficient information available to do so fairly.

Please note that it is not a criminal offence to breach planning controls. It only becomes so if a valid enforcement notice has not been complied with

Go to the decision stage

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