Planning Enforcement

In order for the Planning Enforcement Team to effectively tackle breaches of planning control, it is essential that Enfield Council is aware of all powers provided within the Town and Country Planning Act 1990 and is able to use them when necessary.

Powers available to deal with breaches of planning control are set out in the Planning and Compensation Act 1991, which amended Part VII of the Town and Country Planning Act 1990.

An in depth review of the powers that can be used by the Council to deal with breaches of planning control and the limitations imposed by the legislation can be found in Enforcement Powers. 

Investigating alleged breaches of planning control

Upon investigating alleged breaches of planning control the Enforcement Officer must make an assessment of the impact of the development or change of use in order to recommend the appropriate course of action to be taken to either regularise the breach or to update the customer with the reasoning behind the Council not taking any further action.

Reasons why no enforcement action may be taken

In cases where the Council has reviewed a breach of planning control and has concluded that no further action will be taken, the customer is advised of the discretionary nature of the enforcement powers and the reasoning for the decision to take no further action.  

Enforcement officers can only investigate breaches of planning legislation. If the work which has been carried out does not need planning permission, or if the works have been carried out in accordance with a planning permission, enforcement action cannot be taken. Also, some matters do not fall within the scope of either development control/planning services and therefore cannot be investigated by enforcement officers, for example a boundary dispute or a covenant issue.

For more information on this visit the General Points on Planning Enforcement Principals ,  Frequently Asked Questions and What is NOT breach of planning control pages below.

Taking enforcement action

If a breach of planning control is found to have occurred, the Council can take enforcement action. However before such action is taken we will give people the opportunity to put things right. If it is considered that the development may receive planning permission, the person responsible for the work may be invited to apply for permission retrospectively.

However, if no application is made, or the breach is a significant one, then formal action would be considered. This could include serving an enforcement notice. This would only be a last resort and formal action will normally only be taken if other means of resolving the breach have not been successful.

Enforcement procedure Pre-Notice

Enforcement procedure After-Notice

Local indicator targets