New research from the Local Government and Social Care Ombudsman warns that under-resourced councils are running out of time to act on unlawful developments — leaving breaches of planning rules standing indefinitely.
The report, ‘Losing control: complaints about planning enforcement’, says growing delays mean statutory time limits can pass before councils act. Planning enforcement investigations now make up nearly half (47 per cent) of all upheld planning and development cases, up from 26 per cent in 2021-22.
West Berkshire Council is consulting on a draft Planning Enforcement Plan that explains how it handles reports and focuses on the most serious planning harm locally. “On average, around 60 new enforcement cases are reported to the council each month, so it is important that our approach is clear, fair and transparent,” it says. The consultation runs until 5pm on Monday, March 2.
West Berkshire adds: “We concentrate our efforts on targeting the most harmful breaches of planning control to ensure that early and effective enforcement action is taken to resolve them,” says West Berkshire Council.
“When a breach of planning control happens, we have to decide whether it’s beneficial to take action to remedy it.
“We have a legal power as the local planning authority to make this decision.
“Before doing so, we take into account the circumstances of each case.
“Sometimes we may decide not to take action at all.”
The Ombudsman flags causes including poor communication between planning and legal teams, weak processes around staff turnover, lost evidence and councils losing the power to protect National Landscape areas or enforce conditions. A Royal Town Planning Institute survey found 80 per cent of enforcement officers said there were not enough staff and 73 per cent said their authority had struggled to recruit.
Local Government and Social Care Ombudsman Amerdeep Clarke said: “If people lose faith that planning rules will be enforced, they stop raising concerns.
“We risk a two-tier system: those who follow the law play by the rules, while those who flout them face no real consequences.
“We recognise and welcome Government plans to improve the planning system and boost the nation’s economy through increased development.
“But development without enforcement is a recipe for planning chaos.
“Without proper resourcing, public trust in the entire system will collapse.
“We also appreciate the immense pressure planning teams are under, and it’s encouraging to see so many welcome our findings as evidence to support investment in their services.
“The case studies we’ve highlighted show that, with the right resources, teams can make significant improvements that benefit both staff and the communities they serve.”
Simon Creer, director of communications and external relations at the Royal Town Planning Institute, said: “Enforcement officers are the backbone of the planning system.
“But as this report shows, years of under-resourcing and challenges in recruitment have led to staff shortages and overwhelming workloads.
“RTPI research from 2022 into planning enforcement resourcing raised the alarm – unfortunately, this report suggests that there has been little improvement and that, as a result, in some places services are ‘struggling or already broken’.
“If we want to build at scale and meet the Government’s ambitious housing targets, we’ll need to make sure there are sufficient enforcement officers in place to ensure the planning system can effectively support delivery and uphold policy standards.”
The Ombudsman report includes questions for councillors and heads of service and highlights councils that have committed to recruiting staff and improving procedures. There are rights of appeal against enforcement notices, which can considerably prolong the process.
Failing to comply with an enforcement notice is an offence that can be tried in the magistrates’ or the crown court. The maximum penalty in the magistrates’ court is a fine not exceeding £20,000, while there is no limit on the fine the crown court may impose.
Niki Hinman, Local Democracy Reporter
