Enforcement Decisions
If the result of the analysis is that there is a breach of planning control, this will not automatically result in enforcement action being taken. The law requires that no enforcement action is taken in the following circumstances:
- Would the breach of planning control be granted planning permission anyway? If so, the Council must invite and proceed to determine a planning application in the normal way.
- Is it expedient to take enforcement action? The final discretion to take action lies solely with the authorised officers acting for the Council. This discretion is wide but the Authority must always act reasonably to deal with harmful developments.
There may be occasions when the matter can, notwithstanding the fact that enforcement action is appropriate, be dealt with in an informal way. For example, landowners may be willing to remedy the problem immediately once it was brought to their attention. The Council will make every effort to co-operate with bona-fide offers by landowners.
Go to the enforcement action stage
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