6.0 Enforcement action is discretionary

6.1 In most cases it is not a criminal offence to undertake development without first obtaining planning permission or other formal consent.

6.2 The Government has made it clear through legislation and guidance that the response to an alleged breach of planning control is a matter for the discretion of the local planning authority. Not every breach of planning control justifies the taking of enforcement action.

6.3 The Council must make a judgement having regard to National Planning Policy (including the National Planning Policy Framework), Local Planning Policy (Currently this policy is the Local Plan 2016-2036 Part 1: Planning Strategy which includes the saved policies), Case law and any other relevant planning considerations.

6.4 Guidance from Central Government is that enforcement action should be a last resort and that councils are expected to give those responsible for a breach of planning control the opportunity to put matters right or to seek to regularise the breach before resorting to formal action such as an Enforcement Notice. Any such service of a formal notice must be proportionate and commensurate with the alleged breach of planning control.

6.5 In exercising planning functions, the Council is required to consider whether enforcement action is in the public interest. At the same time, it is also under an obligation to act consistently with the European Convention on Human Rights (in particular, Article 8 - the Right to Respect for Home, Privacy and Family Life, Article 14 - Prohibition of Discrimination, and Article 1 of the First Protocol - Right to the Enjoyment of Property). Regard must also be had to the Equality Act 2010.

6.6 Any one or a combination of these factors may mean that the Council will decide not to take formal action in any particular case where there has been a breach of planning control. It will however take action where a breach causes significant harm.