Local planning authorities have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative areas when there may have been a breach of planning control. A breach of planning control is defined in section 171A of the Town and Country Planning Act 1990 as the carrying out of development without the required planning permission; or failing to comply with any condition or limitation subject to which planning permission has been granted. This includes any contravention of the limitations on, or conditions belonging to, permitted development rights.
However, there is a range of ways of tackling alleged breaches of planning control, and local planning authorities should act in a proportionate way. Local Planning Authority’s should only pursue enforcement action when they regard it as expedient to do so having regard to the development plan and any other material considerations.
Early engagement with the Local Planning Authority is therefore important in order to negotiate the merits of different options available when having regard to the development plan and any material considerations. The relationship that Bloomfields has with local Council’s makes this communication easier.
At Bloomfields we are able to represent our client’s interests with the aim of ensuring that no enforcement action is taken, or negotiating the severity of the steps that must be taken to satisfy the planning department. This may include the pursuance of a planning application, revisions to previous approval or minimising remedial works on the ground.