Brentwood Borough Council Planning and Building Control - Planning Enforcement - How w...

Brentwood Borough Council Planning and Building Control - Planning Enforcement - How w...

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Brentwood Borough Council

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How we make decisions

All enforcement decisions may be taken by the Assistant Director of Planning and Growth.

Sometimes matters may be referred to Planning Committee for a decision. The committee acts as a quasi-judicial body and makes its decisions based on the evidence and information submitted. When a case is referred to the committee, both the complainant and the alleged offender will be invited to submit comments for inclusion in the committee report.

What happens when a breach is confirmed

When a planning breach is confirmed, any action taken will be proportionate to the nature and seriousness of the breach. We will consider:

  • National Planning Policy Framework and relevant planning policy contained in circulars
  • the adopted Development Plan
  • the Infrastructure Requirement List (IRL), if infrastructure improvements are necessary to mitigate the impact of the breach
  • provisions of the Human Rights Act 1998
  • planning history of the site

Many planning breaches can often be resolved informally by negotiation – we will continue to do this. Formal action only takes place where other means to resolve the problem have failed.

We take enforcement action – including the service of an Enforcement Notice – only when it is in the public interest and necessary to:

  • protect the amenity of the area
  • protect the public
  • protect highway safety
  • maintain the integrity of the development management process in Thurrock

We would not normally take formal enforcement action against a trivial or technical breach of control that causes little or no harm to local area or neighbours.

Breadcrumb, my location

How we make decisions

All enforcement decisions may be taken by the Assistant Director of Planning and Growth.

Sometimes matters may be referred to Planning Committee for a decision. The committee acts as a quasi-judicial body and makes its decisions based on the evidence and information submitted. When a case is referred to the committee, both the complainant and the alleged offender will be invited to submit comments for inclusion in the committee report.

What happens when a breach is confirmed

When a planning breach is confirmed, any action taken will be proportionate to the nature and seriousness of the breach. We will consider:

  • National Planning Policy Framework and relevant planning policy contained in circulars
  • the adopted Development Plan
  • the Infrastructure Requirement List (IRL), if infrastructure improvements are necessary to mitigate the impact of the breach
  • provisions of the Human Rights Act 1998
  • planning history of the site

Many planning breaches can often be resolved informally by negotiation – we will continue to do this. Formal action only takes place where other means to resolve the problem have failed.

We take enforcement action – including the service of an Enforcement Notice – only when it is in the public interest and necessary to:

  • protect the amenity of the area
  • protect the public
  • protect highway safety
  • maintain the integrity of the development management process in Thurrock

We would not normally take formal enforcement action against a trivial or technical breach of control that causes little or no harm to local area or neighbours.