Avoiding enforcement problems
MartinGaineexplains how to avoid running into trouble with your planners and what action to take if you do
Above: It is important to note that, while you may encounter them in an emotive situation, planning enforcement officers are here to help you. They will respond to constructive communication
SAI THAW KYAR /
SHUTTERSTOCK.COM
Most people carrying out a home build will never hear from their local planning enforcement team. They will have obtained planning permission before starting work, made sure that they have discharged any planning conditions and built out their extension or new property exactly as shown on the approved plans. If they tweak the design, they run it past the planners first. They imagine that it is mostly dodgy developers who get into trouble.
But it is a mistake to be complacent, as it is surprisingly easy to run into enforcement problems without intending to break the rules – and the consequences can be very serious. As a planning consultant, I represent dozens of clients every year who face the prospect of demolishing part or all of their home. It can be a very costly experience.
This is my guide to planning enforcement: how it works, why you can sometimes encounter difficulties despite your best intentions and what to do if facing investigation.
What is planning enforcement?
Since we require people to seek planning permission before developing land or property, it makes sense that there is some kind of system in place to ensure the regulations are followed. Local planning authorities have planning enforcement officers who investigate alleged breaches of planning control – situations where a development has been carried out without planning permission or conditions have not been complied with.