Cornwall Council is one of the top 5 authorities in England for planning enforcement.
The latest information released by the Government shows that the Council’s planning enforcement team served 90 enforcement notices in 2024 / 2025 -ranking it 5th out of 309 councils nationally for the most notices served, up one place from 6th in 2023 / 2024. Just 18 of the notices went to appeal, with 17 then upheld - a 94% success rate which is above the national average.
Over the same period the Council successfully negotiated solutions in a further 335 cases, resulting in planning breaches being addressed without the need for formal enforcement action.
This is the first time the Council has been in the top 5 local planning authorities for serving enforcement notices and demonstrates the authority’s commitment to protecting the environment and conservation areas, and making sure that people who breach planning laws are being held to account.
“We know that Cornwall is a precious, precious place for the people who live here and the people who visit“ said Cornwall Councillor Sarah Preece, portfolio holder for planning. “We take our responsibility to protect our environment very seriously and will always work with developers to make sure we get the right building in the right place.
“However ,in cases where there has been inappropriate development that would not get planning permission or buildings which have not been constructed in accordance with planning permission and which create significant planning harm, we will not hesitate to take enforcement action”.
The Council’s planning service normally receives around 10,000 applications a year. The vast majority of these applications progress through the planning system without any issues. In a small number of cases, however, the authority will receive a complaint about something being done without the proper permissions in place or which breaches existing conditions.
The team investigates around 1,300 planning and enforcement cases a year. While some of these will relate to large developments, many will involve smaller issues relating to unauthorised development in conservation areas or inappropriate work carried out to listed buildings. Others will involve development in the countryside, with the erection of single residential caravans in agricultural fields representing up to 50% of enforcement notices.
Every complaint will be initially investigated by a member of the enforcement team to see if the matter is a breach of planning control where significant harm is being caused. Around 30% of cases are normally found not to have breached planning control and require no further action.
Of the remaining cases, the team will begin by negotiating with a developer or landowner. “Government policy encourages us to try and negotiate a solution before taking formal enforcement action” explained Jon Drew, Group Leader (Enforcement & Minerals and Waste).
“Last year a breach of planning control was ceased through negotiation without the need to take formal action in 164 cases. A further 171 retrospective planning applications were received to regularise breaches of planning control following the initial investigation.
Where negotiation is not successful, the team will serve a formal notice requiring the breach to stop and, in some cases, will order the removal of a building from the site.
“There are often comments made that Cornwall Council does not take enforcement or that any action is too slow," said Cllr Sarah Preece. “Our record shows that we take enforcement action where the planning merits support it. This is evidenced by our performance compared with other Councils nationally. Where we don’t take action, it is because the planning harm is not at a level to justify action.
“As explained above there is also a lot of work going on behind the scenes to negotiate better outcomes in a more cost-effective way, balancing impacts and benefits of development and helping to deliver against our local plan. “
Local communities have a vital role to play in identifying potential planning breaches.
Brian Clemens, Cornwall Councillor for Land's End, was contacted by the enforcement team after a constituent raised concerns about a caravan and shed which had been erected in an agricultural field at Treen, St Levan for use as holiday accommodation. After visiting the site, Cllr Clemens shared the concerns about the visual impact of an unsustainable development in the open countryside and backed the call for enforcement action.
The enforcement team served a notice requiring the residential use and storage of the caravan to cease and the items removed from the land. The notice was not appealed, and the landowner removed the buildings within the six months deadline set out in the notice.
ENDS