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How we make decisions

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 Brentwood.

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.