Cornwall Council’s Planning Enforcement Plan sets out our procedures for dealing with alleged breaches of planning control. It explains how the Council best uses its planning enforcement resources.
What if a report is made about work on my property
The Council recognises that finding out that someone has reported an alleged development or activity on your property to the Council can cause anxiety.
It's important that we make sure that people or companies who are the subject of the planning enforcement investigation are:
- treated fairly and
- given the opportunity as part of the investigation to explain the situation from their perspective.
If you have received a visit or a letter from an enforcement officer explaining that a matter has been brought to our attention, please don’t ignore the issue.
The law provides the Council with a series of tools to enable us to do a full investigation. This means that the matter will not go away if you ignore the correspondence received about the issue which has been reported to the Council.
If you do not engage with the Council from the outset to address the matter, you run the risk of the Council taking formal enforcement action without further warning.
Please note that the information submitted to the Council as part of the initial report is personal information. This means:
- it is exempt from the provisions of the Freedom of Information Act 2000 (as amended) and
- we will not disclose it.
The only details which can be revealed are the nature of the report made, eg ‘wall built without planning permission’.
What are the possible outcomes of an investigation?
No breach found
Following a site visit or desktop study we may find there is no breach of planning control. This can be because, for example:
- development has taken place but a planning application is not required as the development is ‘Permitted Development’. This means planning permission is deemed to be granted under the Town and Country Planning (General Permitted Development) (England) Order 2015
- there is insufficient evidence to confirm the allegation
- the development already has planning permission or
- the works do not constitute development.
There is a breach of planning control but is not considered ‘expedient’ to pursue
Expediency is a test of whether the development is causing serious harm. This test has regard to the development plan policies and other material considerations. Just because a breach may exist does not automatically mean that formal action will be taken.
We will not take formal action against a breach of control that causes no real planning harm. But we do record any breach of planning control and may advise the developer and/or landowner, as appropriate. We consult the Divisional Councillor on these cases. This is in accordance with the Members Planning Enforcement Protocol.
Negotiations take place to find a solution
Where the breach of planning control is unacceptable, we try to negotiate a solution without recourse to formal enforcement action, unless the breach is continuing to cause irreparable harm to an amenity. Negotiations may involve the reduction or cessation of unauthorised development. The Council will consider the specific circumstances of the individual case during negotiations. This can often be the quickest way of resolving an issue.
A planning breach is established but is now immune from enforcement action
The investigation reveals that a planning breach has occurred. But because it has been occurring continuously for so long, it is now immune from enforcement action. For all development substantially complete after 26 April 2024, this period is 10 years.
A retrospective application is invited and submitted
We will invite a retrospective planning application where:
- there is a reasonable likelihood that we may give planning permission or
- where a development may be made acceptable by imposing suitable conditions to control how it takes place.
The development will be subject to the planning application process and assessed against planning policies. The views of local residents are taken into account. The contents of the enforcement investigation are not included in the planning application.
Formal action is taken
Generally a small percentage of cases we receive result in us taking formal action. There are a range of formal powers the Council can use to remedy breaches of planning control.
Other agencies or regulatory teams within the Council could achieve a more effective outcome. Where this is the case, we pass the matter to the relevant team or agency to progress.
