Local Enforcement Plan 2026

1. Planning Enforcement at Horsham District Council

1.1 Horsham District Council (‘the Council’) takes a proactive approach in the consideration of planning enforcement matters and breaches of planning control, and the Council has its own dedicated Planning Compliance Team (‘the Team’), which sits within the Development Management Department. The Team investigates alleged breaches of planning control and works to remedy unacceptable unauthorised development in the Horsham District.

1.2 This document sets out the Council’s approach to planning enforcement and provides guidance on the range of options available to achieve compliance with planning control enforced by the Council.

1.3 Relevant government guidance is found in the National Planning Policy Framework (NPPF) last updated in February 2025. Paragraph 60 of that document states with regards to enforcement:

Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate.

2. What is considered a Breach of Planning Control?

2.1 A breach of planning control is defined in the Section 171A of the Town and Country Planning Act 1990 as “the carrying out of a development without the required planning permission, or failing to comply with any condition or limitation subject to which planning permission has been granted”.

2.2 The following list sets out the main scenarios in which a breach of planning may be considered to have occurred:-

• Building work, engineering operations and material changes of use that are carried out without first obtaining planning permission or outside the scope of Permitted Development under the Town and Country Planning (General Permitted Development) (England) Order 2015;
• Development that has been granted planning permission but is not carried out in accordance with the approved plans;
• Failure to comply with conditions or the terms of a legal agreement attached to a permission or consent;
• The unauthorised demolition of a building within a conservation area without planning permission, or which has not had prior approval, if required;
• Works carried out to a listed building (both internal as well as external), which affect its historic character or setting, without listed building consent being granted;
• The unauthorised felling or carrying out of works to a tree which is protected by a Tree Preservation Order; or which is within a Conservation Area; and rural agricultural hedgerows;
• The display of a sign or advertisement without first obtaining advertisement consent;
• Failure to properly maintain land so that it affects the visual amenity of the area;
• Failure to comply with the requirements of enforcement notices, breach of conditions notices and stop notices.

3. What is not a breach of planning control

3.1

• Internal works to a non-listed building;
• Matters controlled by other legislation such as Building Regulations/ public nuisance/ Highways/ or the Environment Agency;
• Competition from another business;
• On street parking of commercial vehicles in residential areas;
• Obstruction of a highway or public right of way (the Police or Highways Authority may be able to get involved);
• Parking a caravan within the residential boundary of a property provided that it is stored or used as an extra bedroom, and is not used as a separate, self-contained residential unit (unless there is a specific planning condition restricting this type of use on the original planning permission for the estate);
• Clearing land of overgrowth, bushes and trees (provided they are not subject to a Tree Preservation Order, within a Conservation Area, or subject to a planning condition, or owned by the Council);
• Operating a business from home where the residential use remains the primary use and there is no adverse impact on residential amenity;
• Neighbour nuisance;
• Boundary disputes – disputes about ownership are a private matter and cannot be controlled under planning legislation;
• Deeds and covenants are a private matter between the signatories to the documents;
• Loss of value to a neighbouring property;
• Disputes that relate to damage to or, reduction in value of land or property
• Where development is Permitted Development

4. Key considerations in the investigation of alleged breaches of planning control

4.1   In the circumstances where an enforcement investigation identifies that unauthorised development has taken place, the decisive issue for the Council in considering whether it is expedient to continue with the investigation, is whether the development in question is unacceptable in planning terms such that planning permission would not be granted, and whether or not it is in the public interest to do so. It is important to note that the fact that a development does not benefit from the required planning permission is not in itself sufficient justification for pursuing the matter.

4.2 The basic principle of planning law is that it is not an offence to carry out most works without planning permission. Whilst such development is unauthorised, Councils must consider the expediency of taking formal action. This is important to remember as members of the public often refer to illegal development or works. This is incorrect - development may well be unauthorised but it will not be illegal unless a statutory notice has first been issued and the owner or occupier has failed to comply. This is explained in more detail in the sections below.

4.3 Where enforcement action is taken, it must be proportionate to and commensurate with the breach of planning control to which it relates. For example, whilst clearly harmful breaches of planning control should be addressed by appropriate means, it is not expedient to pursue minor or technical breaches which cause no planning harm or where unauthorised development is acceptable in planning terms. This is explained in more detail in the sections below.

4.4 Section 73A of the Town and Country Planning Act 1990 allows for a planning application to be made to the Local Planning Authority where development has already been carried out. This is known as a retrospective planning application.

5. The Investigation Process

5.1 If you are concerned that a development or activity is taking place without planning permission or does not comply with a planning permission already granted, we would first encourage you to speak to your neighbour or the owner of the land where appropriate. If you do not wish to do so, or this is not possible for any other reason, you can report this to the Planning Compliance Team in one of the following ways:

• by completing and submitting our online complaint form
• or by sending an email to: planning.compliance@horsham.gov.uk

5.2 When reporting an alleged breach of planning control, it would be helpful if complainants could provide:

• The exact address of the site complained about, as well as the location of the activity/building works within the site (a sketch plan and/or photographs are often useful);
• The date that the activity started;
• Precise details of the nature of the activity, including the number of vehicular movements/vehicle registration numbers, opening hours, number and times of deliveries, or what time work commenced (as appropriate);
• Details of the alleged contravener (if known);
• Details of the effect that the alleged breach is having upon you in terms of noise, traffic, smells, overshadowing etc.
• Photographs of the alleged breach can help to speed up and assist investigations.

5.3 Before the Council begins an investigation, we will also ask complainants to provide their name and contact details in confidence so that we can update them on progress (subject to ongoing matters within the investigation).  All complainants’ details are treated confidentially, and the Council will always seek to protect the identity of those making complaints, however in rare circumstances, the Council may be required to divulge details where an investigation results in enforcement action being taken which is the subject of an appeal or prosecution. However, we will advise anyone of this before it happens and it is extremely rare. If you are concerned about providing your details, then you could contact a local residents group, your Parish Council or your District Councillor, to request that they make the complaint on your behalf.

Please note: Whilst we appreciate that for many reasons you may prefer not to give us your details and remain anonymous, the Council reserves the right not to investigate anonymous complaints, especially if they are considered to be vexatious or when workloads are high, as we need to ensure that we use our resources as effectively as possible. Repetitive or vexatious reports are not investigated.

5.4 In many instances the assistance of the general public can be crucial to the success of enforcement action. Enforcement and monitoring of sites is labour intensive and in practice often involves a large proportion of officers’ time, especially in complex cases where there might be a significant impact on amenity or when frequent monitoring is required. Accordingly, the Council is highly dependent upon the general public, residents associations, Parish Councils and amenity societies to both report and monitor alleged breaches of planning control.

5.5 Upon receipt of an alleged breach, we will check that the issue in question is a planning matter. If it isn’t, we will tell you, and where appropriate, forward the concern onto another relevant Council team or external organisation. At this stage, we may also request further information from you to help with the investigation, for example keeping a record of activity in respect of the use of land or buildings over an appropriate period.

5.6 In the event of an issue being reported to multiple services, for e.g. Environmental Health and Planning Enforcement, the other service is then consulted to determine the most efficient and expedient action to take to resolve the issue. Usually this will mean after initial investigation, one service takes the lead and carries out enforcement action as and when it is expedient to do so. For example, it may mean that one service has more effective powers in legislation than the other and so takes the enforcement lead. In certain instances, it is recommended to carry out a joint investigation. However, resourcing will be taken into consideration to ensure it is essential and effective.

5.7 It is not possible to investigate every complaint with equal priority and intensity, therefore our resources are directed to breaches that cause the greater planning harm. The speed with which an investigation can be undertaken varies between straightforward cases which can often be concluded quickly, and more complex investigations which can take considerably longer. Investigating alleged breaches of planning control is often complex and time consuming. In order to make the most effective use of staff resources, it is necessary to give priority to those breaches of planning control which are causing or are likely to cause the greatest level of harm, as it would be inappropriate to investigate and pursue all allegations with equal priority and intensity.

5.8 All investigations are prioritised when by officers when they are first received, in accordance with the Council’s scheme of prioritisation, which is detailed below.

Priority 1- Immediate investigation (within 24 hours - working days only)

• Unauthorised works (demolition) with respect to listed buildings;
• Unauthorised works to protected trees (TPO’s) or trees in conservation areas;
• Removal of landscape features protected by condition;
• Certain types of demolition in a Conservation Area;
• Unauthorised tipping operations, provided it is connection with operational development.

Priority 2- Investigation within 15 working days

• Any encroachment on to Council-owned land;
• Stationing new residential caravans in the countryside;
• Certain breaches of conditions attached to a planning permission e.g. wheel washing and materials (where a building is under construction);
• Accesses onto classified roads;
• Buildings not constructed in accordance with approved plans;
• Certain breaches of conditions of a planning permission e.g. hours of work, parking provision and access requirements;
• Unauthorised erection of buildings or works to land;
• Unauthorised changes of use which are considered to be materially harmful to local residents and/or local amenity;
• Unauthorised residential use of mobile homes/caravans;
• Other changes of use including businesses being operated from residential properties;
• Advertisements;
• New fences;
• Floodlighting and the erection of satellite dishes;
• Any other breaches of conditions of a planning permission

5.9 If we are unable to investigate an issue that a complainant has raised, we will tell the complainant the reason for this. Once an investigation has commenced, and an initial site inspection and assessment have been made, we will tell the complainant what will happen next. We will confirm whether the complaint is best dealt with by a different department of the Council or an external organisation. In some cases, we may ask the person reporting the suspected breach for further details. If the person reporting the suspected breach of planning control is unwilling to assist, this may result in the Council not being able to pursue the investigation due to insufficient evidence.

5.10 Initially a member of the Planning Compliance Team will visit the site. Due to time constraints, this is usually without any prior warning to the owner or any tenants / employees at the site. By virtue of Section 196A and Section 324 of The Town and Country Planning Act 1990 and section 88 of The Planning (Listed Buildings and Conservation Areas) Act 1990, Planning Compliance Officers have the right of entry at any reasonable hour to enter any land to ascertain whether there has been a breach of planning control upon 24 hours’ notice to insist on entry to a residential property. If occupants or owners are happy to allow us access, then we will usually take up that offer. Where access is refused or refusal is anticipated, Planning Compliance Officers also have powers to obtain a warrant of entry from the Magistrates’ Court. In both instances, Planning Compliance Officers may take with them such other persons as may be necessary. It is a criminal offence to wilfully obstruct a person exercising a right of entry regardless of whether they are exercising a power of entry with or without a warrant so you should always seek to work with the Planning Compliance Officer.

5.11 While on site, officers may ask questions of any occupiers and may take photographs or measurements. Any information gathered will be used to ascertain whether a breach of planning control has taken place. If a breach has occurred, this information will be used to assess the most appropriate course of action to resolve the matter.

5.12 There are cases where the initial site visit does not provide sufficient evidence to prove whether a breach of planning control has taken place. Examples of these can include:

• businesses operated from home and whether this constitutes a material change of use. This will often depend on the level of intensity and this may not be immediately apparent from the initial site visit;
• alleged breaches of working hours conditions. If the operator denies the activity, further investigation will be required;
• building works are taking place but the owner claims it is to repair a previously existing structure. The officer will need to establish what, if anything, previously existed

5.13 Where a complaint is made about any land or buildings, the owner may be contacted about the alleged breach of planning control by a member of the Planning Compliance Team. Anyone who is the subject of an investigation is entitled to know what the allegation is (but not who made it) and you will be given the opportunity to discuss the alleged breach. A reasonable period of time will be allowed for you to do this. We are aware that sometimes people make complaints due to neighbour disputes, as such we will always seek to work with the parties to understand the true facts of the case.

5.14 The Council will usually give the person responsible for the breach a chance to put matters right before taking formal action but, if the breach is causing serious harm or nuisance to public amenity, formal action will not be delayed by protracted negotiation.

5.15 Enforcement tools available to the Council for gathering evidence:

Planning Contravention Notice - The Council has the power to issue a planning contravention notice (PCN), under Section 171C of the Town and Country Planning Act 1990. A PCN may be served where it appears to the Council that there may have been a breach of planning control. It is an information gathering tool to establish whether there has been a breach, and how long it has been taking place.

Failure to comply with a PCN is a criminal offence, and a fine can be applied via the Magistrates’ Court for failing to reply or, for making a false or misleading statement. It is a defence that the person on whom a PCN is served is only required to supply information “so far as he is able” or, “known to him” or, which he “holds”. Issuing a PCN does not constitute the Council taking enforcement action, therefore a PCN is not registered as a land charge, and is not included on the Council’s enforcement register.

Section 330 Town and Country Planning Act 1990 enables the Council to require the recipient to state in writing the nature of their interest in a property and to state in writing the name and address of any other person known to them as having an interest in the property, as a freeholder, mortgagee, lessee or otherwise. Failure to respond to this notice is a criminal offence.

Section 16 Local Government (Miscellaneous Provisions) Act 1976 can be used by the Council to require the recipient of a requisition for information notice to supply in writing details of their interest in a property and provide details of anyone else having an interest in the property. Failure to respond to this notice is a criminal offence.

5.16 Whilst planning enforcement can be a protracted process for reasons that are often outside of the control of the Local Planning Authority, in order to manage the expectations of the users of the service, we therefore have the following standards/targets with regard the timescales to be taken in the investigation of the complaint. It should however be noted the following timescales are guides, as there may well be occasions where this is not possible (for instance in cases where a Planning Contravention Notice is issued in order to seek additional information, there is a statutory period of 21 days for the Notice to be completed and returned; or in cases where we have requested monitoring of the site to be undertaken).

• Acknowledge complaint within 3 working days of receipt of complaint;
• Undertake all site visits within 15 working days;
• Close file within 15 working days of initial site visit where there is no breach of planning control identified, and inform the complainant;
• Close file within 15 working days of initial visit where there is a breach of planning control identified, but it is not expedient to take action, and inform the complainant;
• Where a breach of planning control is identified, and formal enforcement action is proposed, the relevant papers will be provided to the Council’s Head of Legal & Democratic Services, Monitoring Officer, Data Protection Officer and Solicitor within 20 working days of the decision to take formal action.

5.17 There are a number of potential outcomes of an enforcement investigation, which are principally:

• No further action will be taken in cases where no breach of planning control is identified (i.e. the reported matter has not occurred, has ceased, or is outside of planning control) - a significant number of investigations are closed as there is no breach of planning control established. Such cases will not be reinvestigated unless the person reporting is able to provide more substantive evidence of the alleged breach of planning control. Examples of ‘no breach’ will include cases where:
• There is no evidence to substantiate the allegation.
• Development has taken place but planning permission is not required (usually because it is permitted development).
• Planning permission has been granted or an application is in progress.
• A request that a retrospective planning application is submitted will be made in cases where a breach of planning control is identified, however Planning Compliance Officers consider that the unauthorised development could be made acceptable by the imposition of conditions to address any harm caused (landowners are legally able to apply retrospectively for planning permission by virtue of section 73A of the Town and Country Planning Act 1990) - by taking this approach, the planning merits of the development can be fully and openly considered. For example, a change of use to a restaurant may be acceptable in principle, but gives rise to concerns about late opening hours. Rather than take formal action against the use, it would be appropriate to request a retrospective application which if, having assessed the detail and taken into account the views of consultees, was found to be acceptable, could be granted permission subject to a condition restricting hours of use.

Applications for retrospective planning permission are a legitimate part of the planning process, and are considered in the same way as those for proposed development. This allows third parties to be formally consulted and make their views known. In addition to those adjoining the site, the Council will endeavour to notify anyone who originally complained about the unauthorised work. The fact that the development has already been carried out in part or full can have no bearing on the Council’s decision on the application. The Council may, where it is appropriate and reasonable to do so, suspend any formal enforcement action whilst a retrospective planning application is being considered. However, where appropriate, the Council will not allow the application process to cause an unreasonable delay to enforcement proceedings, and there will be an expectation that such applications will be submitted in a timely manner. Officers will also engage with other departments where appropriate, for example Environmental Health.

If the development is unlikely to receive permission the Council will not encourage the submission of a retrospective application, although there remains a right to make such an application. Unless the Council has served an enforcement notice prior to the submission of the retrospective application (which relates to those matters sought permission in the application) the Council is duty bound to consider it. The Council will, generally, refuse to process retrospective applications which are submitted after serving of an enforcement notice unless entertaining the application is likely to result in an amended proposal which overcomes the reason for serving the notice.

• No further action will be taken in cases where a technical breach of planning control is identified, but it is minor and there is no identified planning harm or where it is determined that an unauthorised development is acceptable on its planning merits. The Council will use its discretion in these cases not to take further action, as it would not serve a useful purpose or be a good use of our resources to do so - in such cases the Council does not consider that it would be expedient to pursue the matter any further.

Expediency is a test of whether the unauthorised activities are causing serious harm, and the officer investigating the case will consider this. The outcome of this consideration will generally inform the course of the investigation. Where officers conclude that it is not expedient to take action the case will be closed (with a reasoned justification).

Examples of where it may not be expedient to take action are as follows:

• A technical breach of planning control that is so minor that it has no, or very little, impact on amenity.
• The work carried out is only marginally in excess of that allowed under permitted development and the increase causes no harm ie. a fence has been erected and is only a few centimetres above the normal allowance of 2m (where it does not front a road).
• Where building work or a change of use has taken place, but it is clear that retrospective planning permission is likely to be granted.
• No further action will be taken in cases where the development is immune from enforcement action by virtue of time - section 171B of the Town and Country Planning Act 1990 sets out the time limits for taking enforcement action.

On 25 April 2024, the Levelling Up and Regeneration Act 2023 amended section 171B of the Town and Country Planning Act 1990 so that the time limit for taking most forms of enforcement action is now 10 years. This applies to (i) breaches of planning control consisting in the carrying out of building, engineering, mining or other operations in, on, over or under land without planning permission; (ii) breaches of planning control consisting in the change of use of any building to use as a single dwelling house; and (iii) other breaches of planning control, except a breach of planning control in respect of a relevant demolition. Transitional provisions apply but there is a need to show, in the case of (i), that the operations were substantially completed or, in the case of (ii), that the breach occurred, before 25 April 2024.

In such cases the owner of the land or property will be encouraged to apply for a Lawful Development Certificate in order to confirm that an existing use of land, some operational development, or some activity being carried out in breach of a planning condition, is lawful by virtue of time for planning purposes, however there is no requirement for them to do so.

Note: There is no period of immunity for unlawful works to a Listed Building.

• A breach of planning control may be identified which is unacceptable in planning terms: when this occurs, we may offer the party responsible for the breach theopportunity to resolve the matter voluntarily through negotiation, as opposed to moving straight to formal action - the Government advice is that enforcement action should not be used to penalise someone for carrying out development without first having obtained planning permission. The amount of time it takes to resolve a breach of planning control very much depends on the severity of the breach combined with the actions and/or reactions of the land owner(s)/occupier(s). Negotiations can often lead to a quicker resolution and to a better overall outcome than taking formal action. Where appropriate we will seek to negotiate with the owner/occupier and will consider options to address the planning harm resulting from the breach. The negotiation process may involve works being undertaken to remedy breaches of planning control to bring a development in line with permitted development rights or involve the submission of a retrospective planning application.
• Formal enforcement action will be taken in cases which cannot be satisfactorily resolved by negotiation, or the breach of planning control is considered to be so serious or continuing that it merits immediate action - in such cases the Council will take formal action without offering the offender an opportunity for the matter to be resolved voluntarily.

6. Formal Action

6.1 In considering enforcement action, the Council will have regard to:

• Whether the breach of planning control unacceptably harms public amenity, or the existing use of the land and buildings merits protection in the public interest;
• Ensuring any enforcement action is commensurate with the breach of planning control to which it relates;
• Enforcement action will not normally be taken to remedy trivial or technical breaches of planning control which are considered to cause no harm to amenity;
• Statutory time limits for taking enforcement action;
• The matter has not been satisfactorily resolved on a voluntary basis;
• Relevant planning policies within the Local Plan, Neighbourhood Plan, and the National Planning Policy Framework, and other material considerations, including where appropriate, the individual circumstances of the person, business, or other organisation in breach of planning control.

6.2 Enforcement action is discretionary, which means that the Council has discretion as to whether to take enforcement action, and it is not a mandatory duty for them to do so i.e. just because something constitutes a breach of planning control this is not, in itself, a reason to take enforcement action. Even when it is technically possible to take action the Council is required to decide if such formal action would be “expedient” in the public interest.

6.3 There needs to be harm actually being caused that is of sufficient detriment to warrant action being taken. In other words, the Council must consider whether the breach of planning control unacceptably affects public amenity or safety, or whether the existing use of land or buildings merit protection in the public interest. As such a judgement has to be made in each case on its own planning merits, as to the seriousness of the breach and the level of any harm that it causes.

6.4 The Council has given delegated authority to its officers to exercise the legislative powers available to it    for breaches of planning control. The Council has a wide variety of tools that can be used if the decision     is made to take formal action. These can be viewed at www.gov.uk/guidance/ensuring-effective-enforcement.

6.5 The following are the course of actions that may be taken in relation to formal notices:

6.6 Enforcement Notice The power to issue an Enforcement Notice is granted by Section 172 of the Town and Country Planning Act 1990. An Enforcement Notice is the most widely used power available to remedy a breach of planning control that relates to unauthorised building works, a change of use or, possibly a breach of condition.

There is a right of appeal against an Enforcement Notice, which only takes effect when the time limit available for lodging an appeal (at least 28 days) has expired. Once an appeal is lodged, this suspends the requirements of the Enforcement Notice pending the outcome of the appeal.

6.7 Listed Building Enforcement Notice- The listed building enforcement provisions are in sections 38 to 46 of the Planning (Listed Buildings and Conservation Areas) Act 1990. This Notice is similar to an Enforcement Notice, and there is a right of appeal.

6.8 Breach of Condition Notice- The power to serve a Breach of Condition Notice (BCN) is contained within Section 187A of the Town and Country Planning Act 1990. A notice can be issued either:

• Where a condition on a planning permission has not been compiled with during the development stage (for example, failure to provide fencing to protect trees while a development is underway); or
• Following completion, failing to comply with restrictions or limitations of a planning permission (for example, a breach of opening hours).

28 days are given to the recipient to either respond or remedy the breach, before the notice takes effect. There is no right of appeal against a BCN, and failing to comply with the requirement is an offence that can be prosecuted at Magistrates’ Court (with an unlimited fine).

6.9 Stop and Temporary Stop Notices- Where a breach of planning control is causing significant harm, the Council has powers to take emergency action to compel it to stop. Emergency action is only taken in exceptional circumstances where the risk of irretrievable harm is real or considered imminent. Compensation is payable in some cases if the Enforcement Notice to which either Stop Notices relate are quashed on appeal, and accordingly, they are only to be used in exceptional circumstances. The Levelling-up and Regeneration Act 2023 strengthened the process by allowing temporary stop notices to remain in force in England for a longer period (56 days rather than the previous 28 days) from 25 April 2024.

6.10 In the case of unauthorised works to listed buildings, under sections 44AA-44AC of the Planning (Listed Buildings and Conservation Areas) Act 1990 local planning authorities can issue temporary stop notices in relation to suspected breaches of listed building control. The powers are broadly similar to those for temporary stop notices under the Town and Country Planning Act 1990.

6.11 Section 215 Untidy Land Notice- The Council can serve a notice on the owner / occupier of any land or buildings that are in a condition which are considered to adversely affect the amenity of the locality. The notice may require the relevant party to remedy the matter by undertaking steps specified in the notice. Such notices are suitable to remedy the appearance of a site (such as clearing of land of derelict cars or, remedying untidy gardens of domestic properties or, to improve the visual appearance of a property). Failure to comply with the notice can result in legal proceedings at Magistrates’ Court.

6.12 Planning Enforcement Orders- This type of order can be applied for when enforcing against concealed breaches of planning control (for example, a house within a barn) and it appears there may have been a breach of planning control in respect of any land. The Council may apply to the court for an order within 6 months of the apparent breach being discovered, and then has a further year in which to take formal action. The enforcement year starts after 22 days from the court's decision to issue the order, the final dismissal of any appeal against the order, or withdrawal of the appeal.

6.13 Enforcement Warning Notice- From 25 April 2024 local authorities in England have had the power to serve an “enforcement warning notice” where there has been a breach of planning and there is a reasonable prospect that, if a planning application were made, planning permission would be granted. This effectively allows an authority to invite a person to make a planning application to regularise a breach and warning them that, if such an application is not made, further enforcement action will be taken. This is considered to be a sensible way to encourage local authorities to engage with developers and use the planning system to rectify breaches, rather than jumping straight into more formal enforcement proceedings. An enforcement warning notice constitutes ‘taking enforcement action’ for the purposes of the Town and Country Planning Act 1990.

6.14 Apart from some listed building and advertisement cases, it is not a criminal offence to undertake works  without the relevant consents. Whilst the Council will not condone wilful breaches of planning control, even if it is aware that someone is going to carry out works that require planning permission, it does not automatically follow that the unauthorised works will be stopped. There would have to be considerable harm for the Council to seek to stop an unauthorised development taking place. It is recognised that this can be very frustrating for complainants but the Council must operate proportionately and within the legislative framework.

6.15 Several factors must be taken into consideration prior to taking any enforcement action:

6.16 Human Rights Act 1998 When deciding whether or not to take enforcement action, the Council will pay due regard to the Human Rights Act 1998 and, in particular, to the requirement to not act in a way which is incompatible with any relevant Convention rights which are the right to a fair trial, right to respect for private and family life, prohibition of discrimination and protection of property. These rights are qualified rights which means that, when considering enforcement action, the Council will balance the rights of those who may be in breach of the planning legislation against those affected by the breach, including the community at large.

6.17 Public Sector Equality Duty (Equality Act 2010)

6.18  The Council’s obligation is to have due regard to the need to achieve these goals in making its decisions. Due regard means to have such regard as is appropriate in all the circumstances. Further detail as to the factors to which due regard must be had is contained in section 149 of the Equality Act 2010.

6.19  The Council must consider if formal enforcement action to remedy harm is wholly appropriate and proportionate. If a breach of planning control has occurred and requires further investigation, then the subsequent investigation must be proportionate. In any event, if human rights or public sector equality rights are potentially affected, the Council must consider whether the public interest factors outweigh any potential interference.

The appeal process

6.20  There is a right of appeal to the Secretary of State against an enforcement notice, a listed building enforcement notice and an advertisement discontinuance notice within a specified time frame. The notice itself will inform the recipient whether there is a right of appeal and the time limits. If an appeal is lodged in time with the Secretary of State, further enforcement action by the Council regarding this notice is usually suspended until the appeal decision is issued.

6.21  The Levelling-up and Regeneration Act 2023 gives the Secretary of State a new power allowing them to dismiss an appeal in relation to an enforcement notice or an application for a lawful development certificate in England, should it appear to them that the appellant is causing undue delay in the appeals process. The Secretary of State may give the appellant notice that the appeal will be dismissed unless the appellant takes specified steps to expedite the appeal within a prescribed period, and the appeal may be dismissed if these steps are not taken. This provision seeks to reduce delays caused by appellants during the appeals process and should be borne in mind by developers or landowners seeking to “buy time” through the appeals process.

6.22 When reporting an alleged breach of planning control, it would be helpful if complainants could provide:

• The exact address of the site complained about, as well as the location of the activity/building works within the site (a sketch plan and/or photographs are often useful);
• Precise details of the nature of the activity, including the number of vehicular movements/vehicle registration numbers, opening hours, number and times of deliveries, or what time work commenced (as appropriate);
• Details of the alleged contravener (if known);
• Details of the effect that the alleged breach is having upon you in terms of noise, traffic, smells, overshadowing etc.
• Photographs of the alleged breach can help to speed up and assist investigations.

6.23 For information on how to make an appeal against a planning enforcement notice or how to submit comments on an appeal of an enforcement notice please visit: www.gov.uk/appealenforcement-notice.

6.24  There is a right of appeal to the Magistrates’ Court for Section 215 (untidy land) notices issued under the Town and Country Planning Act 1990. Further enforcement action will be suspended if an appeal is lodged to the Magistrates’ Court, pending a decision.

6.25  There is no right of appeal for a temporary stop notice, a stop notice or a breach of condition notice.

7. Prosecution

7.1        It is a criminal offence to carry out the following works, and the Council can pursue a prosecution against

any person who carries them out:

• Unauthorised works to trees that are protected by a Tree Preservation Order or are within a Conservation Area.
• Unauthorised works to Listed Buildings, and certain unauthorised works or demolition works within Conservation Areas.

7.2  Failure to comply with the requirements of certain types of notice (e.g. a temporary stop notice, a stop notice, an enforcement notice, a breach of condition notice or an ‘untidy land’ notice served under the relevant provision of the Town and Country Planning Act 1990) is a criminal offence and can be tried in the Magistrates’ Court or, in some cases, the Crown Court. The offender will be liable on conviction to a fine.

7.3  The unauthorised display of advertisements in contravention of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 is a criminal offence and can be tried in the Magistrates’ Court. The offender will be liable on conviction to a fine of up to £2,500 and, in the case of a continuing offence, £250 for each day during which the offence continues after conviction.

7.4  Decisions to proceed with legal action will take account of the Code for Crown Prosecutors and in

particular reference will be made to:-

• The availability of sufficient evidence to provide a realistic prospect of conviction; and
• Whether it is in the public interest to proceed with a prosecution- public interest factors that can affect the decision to prosecute usually depend on the seriousness of the offence or the circumstances of the offender.

7.5  The Council’s officers will always give evidence where possible. However, there will be some cases where it will be necessary to rely on evidence provided by witnesses from outside the Council. In such cases the case officer will advise the witness of the possible need to attend Court and to provide a written witness statement. At this point the name of the witness will unavoidably become public.

7.6  The Council will seek to recover the prosecution costs from the offender through a costs order on successful conviction.

8. Injunctions

8.1 In exceptional cases, the Council may seek an injunction through the Courts. This can happen at any stage of the enforcement process. The Council may use an injunction as its preferred action or besides other formal action. Unlike an enforcement notice or a stop notice, injunctive proceedings are "personal". This means that an order from the Court will restrain a person, or persons, from carrying on the breach.

To refuse or neglect to do something required by a Court Order is a criminal offence. It can also result in a prison sentence.

8.2 In considering this course of action, the Council must consider the financial implications in doing so. The Council must first determine that there is a specific breach of planning control and that the harm caused far outweighs the cost of rectifying the breach.

9. Direct action

9.1 Where an offender fails to comply with the requirements of an Enforcement Notice, the Council may exercise powers available to it to enter land and carry out such works that are required by the Notice. All costs incurred by the Council in carrying out such works can be recovered from the landowner, where costs are not recovered, they can be registered as a charge on the land.

10. Enforcement Register

10.1 The Council has a statutory duty to hold and maintain an enforcement register. This records basic information and details in respect to what notices have been served. The notices contained in the statutory enforcement register are:

• Enforcement Notices
• Listed Building Enforcement Notices
• Breach of Condition Notices
• Stop & Temporary Stop Notices
• Planning Enforcement Orders

10.2 The enforcement register is a public record and will show notices served by the Council. This can be viewed on the Council’s website.

11. Biodiversity Net Gain

11.1  The Environment Act 2021 made it mandatory that after planning permission is granted, habitats for wildlife are left in a measurably better state than they were before the development commences on a site. This requirement came into effect for major planning applications submitted on or after 12th February 2024, and 2nd April 2024 for certain other planning application types.

11.2   Affected applicants are required to deliver 10% biodiversity net gain (BNG) when building new housing, industrial or commercial developments. Documents need to be submitted as part of a planning application, including a metric detailing how a 10% net gain will be achieved. Developers are required to achieve all of their BNG on site. If this cannot be achieved on-site, they can deliver through a mixture of on-site and off-site. Developers can either make gains on their own land outside the development site or buy off-site biodiversity units on the market. If developers cannot achieve on-site or off-site BNG, they must buy statutory biodiversity credits from the government. This should be a last resort. There will be a pre-commencement condition on any granted planning permission. This means that before any development begins, applicants need to provide a biodiversity gain plan to show the existing and proposed biodiversity values of their sites. A strategy of monitoring compliance of BNG is currently being formulated within the Council, in addition to checking that a pre-commencement condition has been discharged before development is implemented.

11.3  Failure to comply with the biodiversity net gain condition by commencing development without approval of the biodiversity gain plan will be a breach of planning control, and will be at risk of the Council taking enforcement action, where this is in the public interest.

11.4   This could cover both the initial delivery and ongoing management and maintenance mechanisms to assist monitoring of gains in the longer term.

12. Publicity and the role of District Councillors and Parish and Neighbourhood Councils in the Planning Compliance Team process

12.1 In order to raise public awareness of the risks associated with undertaking unauthorised development and thereby reduce incidences of such development, where appropriate the Council will publicise the outcome of cases in the local press or other media sources, and will seek to better inform the public of what constitutes a breach of planning control, together what works can be undertaken as Permitted Development without planning permission, in the Council’s Our District magazine, and also by speaking to the Parish Councils.

12.2 We recognise that Parish and Neighbourhood Councils, and District Councillors can play an important role in the provision of the Planning Compliance service, as they have a great deal of local knowledge and awareness of activities in their area, and as such their assistance in liaising with local residents, reporting and monitoring enforcement matters is invaluable. As such, lists of new enforcement cases received will be sent to all Horsham District Councillors and Parish Councils within the District on a weekly basis. We will seek their views on the delivery of the service and will engage, where appropriate, on enforcement matters.

12.3 We will notify Parish and Neighbourhood Councils, and the Local District Councillors of formal action taken in the areas they represent, and where appropriate we will seek their views on the delivery of the service and will engage, where circumstances permit, on enforcement matters. Again, where appropriate, we will encourage them to aid in the detection of breaches of planning control as well as contributing to monitoring developments and the compliance process.

13. Other services provided by the Planning Compliance Team

13.1 As well as investigating possible breaches of planning control, the planning compliance service is proactive in

• Ensuring compliance when formal action has been taken;
• Whilst it is not practical or proportionate to monitor all planning permissions granted by the Council, and all development carried out as permitted development, certain conditions are monitored (as resources allow), in particular compliance with pre-commencement conditions and sensitive development at key stages of construction and on completion of the development, as well as key planning conditions on larger development sites to ensure that they are being carried out as required. Further information in relation to the Council’s approach to such monitoring can be found on the Council’s website;
• Monitoring of financial and non-financial Legal Agreements attached to planning permissions to ensure that they are being carried out as required;
• Ensuring that works subject to Building Regulations that require planning permission benefit from the necessary application.

13.2 The Planning Compliance Team also has dedicated officers who are responsible for the collection and spending of the Community Infrastructure Levy (CIL) charges that are imposed upon new developments in the Horsham District. Further details in relation to CIL and the Council’s CIL Enforcement Policy can be found on the Council’s website.

14. Commonly used terms explained

14.1 When dealing with the Planning Compliance Team, we may use words such as those that follow, which can be explained as follows:

• Discretionary- there is no statutory requirement for the Council to take enforcement action against alleged breaches of planning control. Enforcement action is based on planning merit which requires a planning judgement as to whether or not formal action is appropriate. In some cases, the Council may decide that enforcement action will not be taken and that an alternative approach is more appropriate (e.g. a retrospective application, further negotiation, no further action etc).
• Expedient/Expediency- the term expedient or expediency relates to the ‘planning balance’ for instigating formal enforcement action. When assessing whether formal action should be taken, the Council will ensure that the action is reasonable, proportionate and is in the public interest in order to achieve a satisfactory result, so as to achieve a meaningful outcome. It will not necessarily follow that in cases where a breach of planning control is identified, formal action will take place.
• Harm- when considering the expediency and subsequent proportionality of formal enforcement action, the Council has significant regard to the planning harm associated with a breach of planning control. Planning harm is the collective term used to describe the negative impacts of a development, and identified harm will need to be proven before formal action is taken.
• Negotiation- in nearly all circumstances, apart from the most serious complaints, negotiations will be sought rather than pursuing formal enforcement action. This is subject to a reasonable time frame. Negotiations will not be allowed to hamper or delay whatever formal enforcement action may be required to make the development acceptable (in planning terms), or compel it to stop.

15. Complaints about the Council’s Planning Enforcement Service

16.1 We aim to deliver our planning enforcement service with fairness and respect. For those who are unhappy about the level of service received from the Planning Compliance Team, they should in the first instance discuss those concerns with the Planning Compliance Team Leader. If this does not resolve the matter, the concerns can be taken further through the Council’s Comments and complaints procedure.

16.2 If the Council’s response is still unsatisfactory, the Local Government Ombudsman can be contacted in writing, who will determine if the concerns will be investigated. Please note that the Local Government Ombudsman will only investigate if the Council’s internal complaints process has been completed, and will only be concerned that the correct procedures have been followed. The Ombudsman has no power to reverse the Council’s decision.

16. Other useful links

16.1 The Town and Country Planning Act 1990 (as amended) and Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) are the basis of the planning process, and provide nearly all of the enforcement powers available. Further guidance is published by the Department for Communities and Local Government, which provides information and standards to consider, when dealing with issues and alleged breach of planning control.

Town and Country Planning Act 1990 (as amended)

Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended)

The Planning and Compensation Act 1991

The Town and Country Planning (General Permitted Development) (England) Order 2015

Planning guidance: Advertisements

The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

South Downs National Park Authority (SDNPA)

GOV.UK: Effective Enforcement

GOV.UK: Lawful Development Certificate

Levelling Up and Regeneration

National Policy Framework