Issue details

Undertaking building works or changing the use of land or buildings without planning permission is not a criminal offence unless it relates to a listed building, adverts or protected tree. Formal planning enforcement action is a discretionary power of the Council which must be used expediently and in the public interest.

In responding to the Covid-19 Outbreak, the Council and other public bodies might need to undertake operations which require the temporary changes of use of land and/or buildings. In many cases, this development would require planning permission which would normally be sought. However, in light of the need to respond quickly and flexibly to needs arising from the dealing with the outbreak, the Council will operate with discretion before seeking to undertake any enforcement action. It will not seek to take formal enforcement action in respect of activities directly related to dealing with the Covid-19 outbreak and will last for 3 months, after which it will be reviewed and either extended or ended. Where it is clear that an enforcement complaint relates to works or uses of building or land that are identified as being in response to the COVID-19, the Council will not investigate the matter further.

The provisions of the European Convention on Human Rights such as Article 1 of the First Protocol, Article 8 and Article 14 are relevant when considering enforcement action. There is a clear public interest in enforcing planning law and planning regulation in a proportionate way. The Council have had regard to the potential impact on the health, housing needs and welfare of residents affected by this decision and determined that such factors are in the Public Interest and outweigh the interests of those affected by a temporary breach of planning control.