Residents Demand Better Planning Enforcement Action

More than two-thirds of people in West Berkshire who replied to a survey about planning enforcement said the council is not doing a good job. Around 45 per cent said they had reported a breach.

Respondents want stronger enforcement, less discretion, clearer follow-through and more transparency, including visibility of cumulative breaches.

The council has updated its enforcement plan. The main changes reprioritise investigations, adding an urgent category 1 (investigated within two working days) and a new category 4 for low‑priority cases unlikely to cause planning harm.

There are worries category 4 cases will never be looked at because of resource limits. Some consultees asked for periodic reviews and set timescales for long‑running cases.

Consultation responses flagged concerns about transparency, subjectivity and a lack of confidence in decisions. The council says it recognises the planning system is complex and it can only take action within the confines of the legislation, which can be 'frustrating'.

There was a six‑week public consultation even though there is no statutory requirement to hold one.

The council legal team warned that formal enforcement action, like injunctions, takes extensive officer time and carries risks if resources are inadequate.

The enforcement team comprises two enforcement officers, a newly recruited compliance and monitoring officer, and a team manager who has other duties.

On average 60 enforcement complaints arrive each month, producing a heavy workload and the need to prioritise cases that could cause the most serious harm.

About 50 per cent of complaints are found not to be a breach or not to need action because there is no 'unacceptable harm'. In many cases the council encourages a planning application or a negotiated fix.

A breach of planning control is not a criminal offence. Only if a notice is served and ignored can the council consider prosecution through the courts.

Enforcement processes are lengthy. There is a right of appeal to the planning inspectorate and decisions can take a long time; enforcement appeals generally take much longer than planning application appeals. As of December 2025 written representation enforcement appeals took on average 72 weeks in West Berkshire.

For severe cases, stop notices or injunctions can be used, but the legal bar is high and such actions can be challenged in the High Court.

Enforcement action can create significant financial pressure for the council and landowners, especially when cases go to court and need legal representation.

In the year to March 2026 the council served seven enforcement notices and one breach of condition notice; four temporary stop notices; two 'Untidy Site' notices; and 27 planning contravention notices.

There are existing pressures on the council's revenue from complex appeals, legal challenges, policy requirements and planning reforms.

The council executive will vote on the updated policy at next week's (Thursday) meeting.

Niki Hinman, Local Democracy Reporter