02/06/2026
The Local Government & Social Care Ombudsman recently reported in February on the increased number of complaints about the lack of planning enforcement within councils. Noting that for decades planning professionals have ‘raised concerns about planning enforcement departments in local authorities being under resourced’. The report highlights the scale of the problem and comments on a ‘Cinderella Service’ that ‘does not receive adequate attention or resources within many local authorities’.
The Government’s National Planning Policy Framework reiterates that ‘effective enforcement is important to maintain public confidence in the planning system’. It therefore goes to the integrity of the planning system. The Ombudsman is right to point out that ‘If people don’t have faith that planning controls will be enforced, they are less likely to raise concerns. This also makes it more likely that only law-abiding individuals will comply with planning rules, while those that ignore or avoid them are allowed to act with impunity’.
It is tricky to condense what effective enforcement looks like into a ‘bite size’ chunk. Where should councils start? Initially, with their Local Enforcement Plan. This document will outline a council’s local policies, procedures and considerations. It should be tailored to the council’s area, and it will help to inform decision making when considering whether or not to take enforcement action.
Council enforcement powers are wide ranging and cover breaches ranging from unlawful extensions to fly-posting. The appropriate course of action will depend on the circumstances of the potential breach, but councils have a whole variety of powers at their disposal. Planning Officers will need to consider what action may be necessary. It is of course a discretionary function, and further considerations will apply such as proportionality and expediency. Public interest will also come into play.
Sometimes, an investigation can result in no action being taken at all. Councils should avoid taking action where the breach is a trivial or technical one. Perhaps an invitation for a retrospective planning application is an appropriate way forward. Or further planning conditions can be attached to the permission. Consideration will need to be given to what the breach is, along with its impact and harm.
Although negotiating is not obligatory, it can often help. If negotiations have failed and action is considered appropriate there are a host of notices available to officers including enforcement notices, stop notices (if you need to act quickly), injunctions and breach of condition notices. There are model notices on the government website to assist with drafting and getting the technicalities right.
Councils may also need to lean on other regulators or agencies or even the police to support their action. Officers may find that in some scenarios they have no powers available at all. For example, matters in dispute may be civil in nature i.e. a neighbour/party wall disagreement.
Navigating planning enforcement action can feel daunting. It can also take time and cases can drift. Appeals and Court backlogs can add to delays. Action deadlines may pass without result. The ombudsman reports a lack of enforcement officers, with teams understaffed citing recruitment and retention issues.
If you need support in taking enforcement action, we are available to support you. Please contact Emma Hall.
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