What are the possible outcomes of the investigation?
When a breach of planning control has been established it does not always follow that enforcement action will occur. This does not however condone a wilful breach of planning control.
Government guidance sets out that formal enforcement action is usually a last resort. If there is a breach of planning control, the responsible person will usually be given the chance to put the matter right first. This opportunity is normally given before taking formal enforcement action. However, these negotiations will not be allowed to hamper or delay the consideration of enforcement action where the breach of control causes serious planning harm to amenity.
There are various options to deal with suspected breaches of planning control and their use will be proportionate to the breach and have regard to the planning policies and guidance and other material planning considerations.
More guidance can be found on the GOV.UK website.
The options include:
- No formal action: either a technical breach with no serious harm or no breach has occurred
- Negotiations to find solution or remedial action
- Retrospective planning application invited
- Establish breach is immune from action
- Formal Action:
· Planning Contravention Notice
· Enforcement Notice
· Temporary Stop Notice or Stop Notice
· Breach of Condition Notice
· Listed Building Enforcement
· Discontinuance Notice (advertisements)
· Section 215 (amenity) notices
· Injunction
· Prosecution