2.0 Government Advice and Legislation

2.1 The Town and Country Planning Act 1990 provides the main legislative framework for dealing with breaches of planning control. The Act provides the Council with the necessary powers to deal with breaches of planning control whilst the National Planning Policy Framework (NPPF) and National Planning Practice Guidance (NPPG), provide guidance on how the Council should deal with breaches of planning control.

2.2 The National Planning Policy Framework (NPPF) and National Planning Practice Guidance (NPPG) make it clear that the powers provided by the Act are discretionary and should only be used when it is expedient to do so. Any action taken should be commensurate with the seriousness of the breach of planning control and the harm caused or harm that may be caused. The NPPF states that: -

"Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate."

2.3 NPPG provides additional guidance to that contained in the NPPF under the title "Ensuring Effective Enforcement". For further advice please follow the link Ensuring effective enforcement - GOV.Uk