Leeds Enforcement Plan for planning

1 Introduction

Planning enforcement plays a vital role in maintaining confidence in the planning system. In a city as diverse as Leeds home to vibrant urban centres, suburban communities, rural villages, and extensive green belt land the challenge is to balance growth and regeneration with the protection of public amenity, heritage assets, and the environment. This plan sets out how Leeds City Council approaches planning enforcement, ensuring that action is proportionate, transparent, and consistent with national policy and local priorities.

2 Purpose of the Plan

This Local Enforcement Plan provides clarity for residents, developers, and stakeholders on how breaches of planning control are addressed. It explains the principles guiding our decisions, the process for investigating reports and the circumstances in which formal action may be taken. By setting out these procedures, we aim to direct resources to cases that cause the greatest harm and uphold the integrity of the planning system.

This Plan will provide information on the following:

• our enforcement principles
• what a breach of planning control includes
• how you can make a report and how we will investigate an alleged breach
• how we will determine what action to take
• how we assess harm
• what happens if someone raises an enforcement report against you
• the service standards and expectations
• how we monitor performance and review the plan

3 Our Principles

Leeds City Council is committed to acting fairly and proportionately. Enforcement action is not intended to punish, but to remedy harm caused by unauthorised development. We will always seek to resolve issues through negotiation where possible, reserving formal action for cases where it is necessary and in the public interest. Our decisions will be consistent, transparent and focused on protecting the wider community rather than resolving private disputes.

4 What is a Breach of Planning Control

A breach of planning control occurs when development or a change of use takes place without the required permission, or when conditions attached to a planning consent are not complied with. It can also include works to Listed Buildings or protected trees without consent, the display of unauthorised advertisements, or land that has become so untidy as to harm local amenity. Each case is assessed on its individual merits, with priority given to those causing the most significant harm.

The most common breaches of planning control in Leeds are:

• building works being carried out without (or not in compliance with) planning permission
• the failure to comply with a condition attached to planning permission
• unauthorised change of use of land and buildings

The Enforcement Team are also responsible for dealing with the following matters, which also fall within the term “planning control”:

• unauthorised works carried out to listed buildings
• the demolition of buildings in conservation areas
• unauthorised works to protected trees (the subject of Tree Preservation Orders) and some trees in conservation areas
• the unauthorised display of outdoor advertisements which require consent under the Town and Country Planning (Control of Advertisements) Regulations 2007

There are time limits within which we can take planning enforcement action against breaches of planning control:

• within 10 years of substantial completion for a breach of planning control consisting of operational development where substantial completion took place on or after 25 April 2024
• within 10 years for an unauthorised change of use to a single dwelling house where the change of use took place on or after 25 April 2024
• within 4 years of substantial completion for a breach of planning control consisting of operational development, where substantial completion took place before 25 April 2024;
• within 4 years for an unauthorised change of use to a single dwelling house where the change of use took place before 25 April 2024
• within 10 years for any other breach of planning control (essentially other changes of use)

Planning enforcement cannot control all aspects of the building process and there are several common issues we are unable to deal with. These include:

• boundary/ownership disputes
• Party Wall Act issues
• covenant issues

5 Reporting a possible breach and how we will investigate

The service relies on the public to report suspected breaches of planning control. Anyone wishing to report a suspected breach can do so via our online form, Report a breach of planning regulations | Leeds.gov.uk, by email at planning.enforcement@leeds.gov.uk , or for Minerals, Energy and Waste planning.minswasteenforcement@leeds.gov.uk by post to Planning Enforcement, Merrion House, Leeds LS2 8BB. Please include your name and address, full details, including the location and nature of the alleged breach. The council will not normally investigate anonymous reports of alleged breaches of planning control but retains the discretion to do so.

When you submit a report of a suspected breach of planning control, Leeds City Council will aim to acknowledge it within three working day. Once received, we carry out initial checks to establish whether planning permission exists or if the works fall under permitted development rights. Cases are then prioritised according to the level of harm; the level of harm dictates the timeframe for dealing with them.

To ensure resources are directed to cases causing the greatest harm, Leeds City Council uses a prioritisation system based on the nature and impact of the breach, ensuring that enforcement activity is proportionate and focused on cases where intervention is most needed; 

High-priority cases include those affecting heritage assets, causing serious environmental damage, or posing risks to public safety.

Medium-priority cases involve significant impacts on local amenity, while minor breaches with limited harm are treated as low priority.

We aim to respond quickly, with urgent cases.

Priority Level 1

Description

Breaches causing serious harm to public over a wide area, or cause irreversible harm to historic buildings, areas or trees.

Examples

Works to Listed Buildings without consent; demolition in Conservation Areas; unauthorised development posing serious risks; significant environmental damage unauthorised works to protected trees or trees in a conservation area.

Acknowledgement

1 day

Notification of taking enforcement action

10 working days

When we will provide an update

We will update you on significant key developments. Such as a breach confirmed, formal action taken, request to submit a retrospective app and the outcome of the case.

Priority Level 2

Description

Breaches that have a wide impact on the surrounding area and residents but do not require immediate action.

Examples

• Breach that causes harm through loss of amenity to residents within the locality of the breach
• Unauthorised work which has already been completed to a listed building or a building in a conservation area
• A building that is erected either a) without planning permission or b) that fails to comply with the terms of a planning permission
• Unauthorised advertisements displayed in a conservation area breaches of planning conditions

Acknowledgement

1 day

Notification of taking enforcement action

Within 25 working days

When we will provide an update

We will update you on significant key developments. Such as a breach confirmed, formal action taken, request to submit a retrospective app etc and the outcome of the case.

Priority Level 3

Description

Minor breaches with limited or no significant harm.

Examples

• All other breaches
• Small-scale alterations; minor deviations from approved plans; untidy land reports
• Extensions, outbuildings, fences, erected without planning permission unauthorised advertisements displayed with limited adverse visual impact
• Any other breach not falling within priority levels 1 and 2 

Acknowledgement

1 day

Notification of taking enforcement action

Within 35 working days

When we will provide an update

We will update you if we request a retrospective application from the owner or occupier and tell you the outcome of the case once decided. But we will not usually make contact unless we require further information from you.

A letter is sent to the owner or occupier of the site in question and Officers may carry out an initial site visit, usually unannounced, to establish the facts. During this visit, the officer may speak with those involved in the alleged breach and, where appropriate, with the person who submitted the report, but this is not always the case and will depend on the specifics of the case. If further information is required, we may issue a Planning Contravention Notice to the owner/ occupier or request additional details from the reporter, such as photographs or monitoring records.

We will also notify you of the priority level given to the case, why we have assigned this priority and what steps, if any, we propose to take, in accordance with the timescales outlined above.

Appendix 1 is a flowchart of the enforcement reporting process

6 Determining Appropriate Action

When a breach of planning control is confirmed, Leeds City Council will consider whether it is expedient to take formal enforcement action. This decision is guided by national policy, which makes clear that enforcement powers are discretionary and should only be used when it is proportionate and in the public interest, which is a judgement of whether the costs and risks of taking formal enforcement action are justified by the seriousness of the alleged planning breach, and will reflect:

• the seriousness of the breach
• consideration of harm
• the risks involved
• the costs involved
• the benefits involved

We will also consider the implications of the Human Rights Act 1998, specifically the impact of the proposed action (or inaction) on the human rights of all relevant parties. We will act in a way that is proportionate to the seriousness of the alleged breach and its impact on the person(s) affected.

Our approach is always proportionate. We do not take action simply because development has occurred without permission; the key test is whether the breach results in unacceptable harm that cannot be resolved through other means.

Appendix 2 is a is an enforcement formal action flowchart.(existing flowchart in the LEP)
Because our enforcement powers are discretionary, the emphasis will be on attempting to negotiate a resolution in the first instance.

This may include considering whether the development could be regularised through the submission of a retrospective planning application. Where this is possible, we will invite the owner or developer to submit an application rather than proceed immediately to formal action.

If an application is submitted, enforcement action will then be held in abeyance until the application has been decided, in some circumstances and you will be updated at this stage. If the application cannot be validated, progressed or is refused, the Council will consider continuing enforcement action. The usual rights of appeal will apply.

We aim to resolve breaches as quickly as the law allows and will keep you informed of progress where appropriate. Please note that not all reports will result in formal action; enforcement powers are discretionary and will only be used when it is expedient and in the public interest.

It is important to note that more complex cases can sometimes take a considerable amount of time to resolve. This is often due to the need for detailed investigations, the involvement of multiple parties or agencies, and the necessity to gather substantial evidence to support any potential enforcement action.

In addition, some cases may require legal advice, specialist input, or lengthy negotiations to try to reach an acceptable solution for all involved. If formal action is taken, there are appeal processes that can be used by the owner/ developers, or court proceedings to undertake.  As a result, any or all of these factors can contribute to longer timescales before a final outcome is reached.
Our emphasis is on negotiation and finding solutions wherever possible, but where serious harm is identified, formal action may follow.#

Assessing Harm

In assessing the effects of a breach and the harm caused, Officers will first consider what harm is being caused, which may include whether the breach is causing harm by way of adverse impact on:

• the character and appearance of a conservation area or listed building
• the character of the area or existing property
• the residential amenity of neighbouring properties
• potential impact on protected species or habitat
• trees in a conservation area or protected by a Tree Preservation Order

Also, whether the breach is:

• contrary to local planning policies
• causing a statutory nuisance or a safety issue

Officers would then look at the scale and impact of that harm, which may include:

• whether the harm caused by the breach is widespread or localised
• whether the harm by the breach is irreversible
• the significance and scale of the harm
• the urgency to address the breach (such as whether the breach is within 6 months of statutory immunity)
• whether the breach is stable or worsening
• whether a planning application for the development would be viewed favourably

The main issue should be whether, if left unaddressed, the breach of planning control would unacceptably affect amenity or the existing use of land and buildings to the extent that it merits action in the public interest.

No further action

Following our initial investigation, we may decide that there has been no breach of planning control. In such cases we cannot take any further action. Even if there is a breach of planning control, we may decide not to pursue an enforcement investigation if it is not expedient to take action. This might be because the harm (if any) it causes is not significant, and in our opinion formal action would not be in the public interest. In reaching a decision we must always balance any harm being caused against the likely success of any formal action and the availability of resources.

Formal enforcement action

Measures such as enforcement notices, stop notices, or injunctions will only be pursued where negotiation has failed or where the harm is so significant that immediate action is necessary. Prosecution may follow in cases of persistent non-compliance or serious breaches, particularly those involving listed buildings or protected trees.

Planning legislation provides a number of discretionary powers for enforcing compliance with planning controls; these are listed at appendix 3 of this Plan.

Right of appeal

An appeal can be made to the Secretary of State against the serving of an enforcement notice and a listed building enforcement notice. An appeal must be lodged before the date on which the notice is to take effect. The appeal has the effect of suspending the notice until the appeal is determined.

An appeal against a Section 215 notice can be made to the Magistrates Court but must be done before the notice takes effect.

What if someone reports you

If we contact you about an alleged breach of planning control, you are entitled to know the nature of the allegation (but not the identity of the person who made it) and will have the opportunity to explain your side of the case. If you are not involved, no action will be taken against you. If you are involved, the enforcement service will inform you of the details of the breach and advise you on how to resolve it.

Your co-operation will be sought to correct the breach, either by removing or modifying the unauthorised development or by stopping the unauthorised work. You will be given a reasonable period of time to do this.

In some instances, you may be invited to submit a retrospective planning application if it is considered that there is a reasonable prospect that permission could be granted.

If you are running a business affected by enforcement action, you can look for alternative premises to minimise any potential impact on your business. Information about alternative premises can be found on the council's website. However, this does not mean that the enforcement action will be delayed or stopped.

If you receive an Enforcement Notice, you will be provided with precise details of the breach, the reasons for the action, the steps required to address the issue, and the time allowed for compliance.

You may be served with a ‘Planning Contravention Notice’ which requires information about the development carried out. This notice is used to establish what has happened so the council can determine if a breach of control has occurred and whether formal enforcement action is necessary. The consequences of not completing and returning the notice will be explained to you.

Planning warning letter: The council may invite a retrospective application. When it is considered the best way to regularise the situation, the owner or occupier of the land might be asked to submit an application (under section 73A of the Town and Country Planning Act 1990) without delay.

It is important to note that although the local planning authority may invite an application, there is no guarantee that permission will be granted. The authority must not predetermine the outcome and will consider each application in the usual way.

An enforcement notice may also be issued in relation to other aspects of the development.

7 Service standards and expectations

Everyone (including those reporting an alleged breach and persons suspected of a breach) will receive the same standard of courteous and impartial professional service at all times. The Council adopts a zero-tolerance approach and expects the same courtesy and will not tolerate abusive, foul, discriminatory or slanderous language or threatening behaviour. In the event of such, the service will not communicate further with the reporter on the issue.

To uphold the highest standards of integrity, impartiality and transparency throughout the enforcement process, officers strictly follow the Council’s Employees’ Code of Conduct and abide by the Employee Outside Interests, Anti-Bribery and the Employee Gifts and Hospitality polices. The service regularly reviews and reports its arrangements to the Corporate Governance and Audit Committee, assuring accountability in the decision-making process.

Once a report has been made, the service will send an acknowledgement letter within one day. The service will confirm the priority given and describe the action to be taken by the service in accordance with the timescales in this Local Enforcement Plan. Once an investigation is ongoing, the service will provide updates depending on the priority of the case but will be unable to respond to individual requests for information or updates.

Repetitive, unreasonable, persistent or vexatious reports will not be investigated (unless there is clear evidence of irreversible harm). Reports not related to or involving "development" or other matters covered by the Town and Country Planning Acts cannot be investigated. Reports received on a previously closed case will only be opened if new admissible evidence is provided. The Council is unable to commit to monitoring a site indefinitely.

Reports may also be made to your local ward Councillor or Member of Parliament; however please note, these reports will be investigated in the same way, in accordance with this Leeds Enforcement Plan.

The council will not normally investigate anonymous reports of alleged breaches of planning control but retains the discretion to do so.

There is no third-party right of appeal against planning enforcement decisions. However, if you believe that your report has not been handled in accordance with the principles set out in this Local Enforcement Plan, you have the right to make a formal complaint through Leeds City Council’s corporate complaints process using the complaints and complements form. This process will only look to ensure that the correct processes and polices have been followed. Complaints will not be accepted about the decision itself or the outcome of the investigation, only about the way in which the case was managed. The complaints procedure does not apply to matters where there is a legal remedy or appeals process, i.e., appeal against being served with a formal notice.

8 Performance Monitoring and Review

The effectiveness of this Local Enforcement Plan will be monitored through key indicators such as case resolution times and compliance rates. Data will be reviewed quarterly to ensure enforcement actions remain proportionate and consistent.

An annual review will assess overall performance and identify improvements, with findings reported to senior management, elected Members and incorporated into future updates of the plan.

The Local Enforcement Plan will be reviewed every two years to ensure the contents are in accordance with prevailing Council standards and national planning law.

• 1. Purpose of the plan
• 2.0 Introduction
• 3.0 Enforcement
• 4.0 Expediency
• 5.0 Harm
• 6.0 New requests for investigation
• 7.0 Expectations – What happens to your report?
• 8.0 Priorities and timescales
• 9.0 What factors will we take into account?
• 10.0 Monitoring and performance
• 11.0 What if someone reports you?
• 12.0 What to do if something goes wrong

1. Purpose of the plan

1.1 This document aims to help you get the best out of the development management enforcement service. It sets out the main principles and procedures the council will adopt to regulate and monitor development and how it will communicate with service users, prioritise cases (coming into the service) and the range of options and actions available to us to remedy any given situation.

1.2 The purpose of the planning Enforcement Plan is to assist the residents of Leeds and to ensure that appropriate development is undertaken which helps preserve the environment and maintains confidence in the planning system.

The enforcement service investigates breaches of planning control and seeks to deal with them in a positive way, that maintains the environment and special character and amenity of areas.

To give the best possible service, it is vital that we give clear guidance on what we can do and how we balance demands on our services against the resources available to us.

2.0 Introduction

2.1 Leeds is a vibrant city with a strong economy that aims to protect and enhance its environment. The city and district is a rich and varied place with a distinctive settlement hierarchy. The main urban area covers nearly a third of the district and includes the city centre, inner city and outer suburbs. The rural parts of Leeds have a variety of individual characters and identities and include larger settlements such as Wetherby and Otley as well as several smaller towns and villages.

The heritage of the historic buildings and public spaces across the Leeds district linked with its noticeable green environment helps give the city its unique character.

2.2 Planning laws, Guidance and National and Local Policies are designed to control the development and use of land and buildings in the public’s interest. They are not meant to protect the private interests of one person against the activities of another.

The relevant background legislation to these powers is contained primarily within the Town and Country Planning Act 1990 (as amended) the Planning (Listed Buildings and Conservation Area) Act 1990 (as amended). This legislation is supported by Government advice, which includes the National Planning Policy Framework (NPPF) and the National Planning Practice Guidance (NPPG).

2.3 It is important to note that the local planning authority will not always take action when there is a breach of planning control. Government advice requires us to consider the expediency of doing so and the harm being caused by the breach. The advice is clear that action should not be taken solely to regularise a matter that is acceptable and would gain planning permission (see paragraph 4.4).

3.0 Enforcement

3.1 Development is sometimes carried out without planning permission or does not properly follow the detailed plans which have been approved by the council. Cases such as these can cause serious harm to the way in which people live and their local amenity. Residents and businesses have a right to expect that harmful activities are dealt with effectively.

3.2 Certain types of building works or changes of use however are defined as ‘permitted development’, meaning that an application for planning permission is not required.

Whether or not planning permission is required depends on several factors and these are detailed in the Town and Country Planning (General Permitted Development) (England) Order 2015 (As Amended). Help in understanding 'permitted development' can be found in booklets published by the Department for Communities & Local Government and on the Planning Portal.

3.3 Planning enforcement can only be considered where the building work or material change of use being undertaken requires planning permission. An initial investigation by the enforcement officer will seek to determine this.

There are a number of other situations that can be considered for planning enforcement which includes:

• unauthorised display of advertisements
• unauthorised works to protected trees
• unauthorised work to buildings listed as being of special architectural or historic interest
• works that are contrary to condition(s) imposed on a planning permission
• unauthorised demolition of certain buildings within a Conservation Area
• unauthorised storage of certain quantities of hazardous materials
• land that is in such a poor state that it adversely affects the amenity of the area

3.4 The term used to describe such cases is, ‘breach of planning control’. There can be many reasons why a breach of control has occurred, ranging from a simple oversight or lack of knowledge, to a deliberate attempt to secure development that is unacceptable. These factors are all considered in deciding how to prioritise cases coming into the service.

4.0 Expediency

4.1 The National Planning Policy Framework stipulates that, "effective enforcement is important as a means of maintaining public confidence in the planning system. Enforcement action is discretionary and local planning authorities should act proportionately in responding to suspected breaches of planning control."

It is important that the public have confidence in the planning system. The enforcement service investigates possible breaches of planning control and seeks to deal with them in a positive way either through negotiation or direct action.

4.2 Planning laws are designed to control the development and use of land and buildings in the public interest. They are not meant to protect the private interests of one person against the activities of another.

4.3 Carrying out work or changing the use of land or buildings without planning permission is not a criminal offence.

In most cases the council will give the owner an opportunity to apply for retrospective planning permission. However, where serious harm is being caused, the council will take firm action quickly.

4.4 The council must operate its enforcement activities within government guidelines and in accordance with council policy. This means that:

• the council must decide whether the breach of control unacceptably affects the quality of life or amenity of an area
• action should not be taken just because development has started without planning permission
• the council does not always have to take action but the particular circumstances of the case should always be considered
• the council will not normally take formal action against a minor breach of control that causes no real harm simply to ensure the submission of the necessary applications

5.0 Harm

5.1 Harm resulting from a breach of planning control could concern amenity or highway safety issues and include noise nuisance, loss of daylight or privacy, or danger from increased traffic flows.

Harm to the visual amenity of an area could occur for example through unauthorised work to a listed building, demolition within a Conservation Area or work to a protected tree, as well as on going building works and operations.

5.2 Once the alleged breach has been investigated and it has been established that harm is being caused, action may then be taken.

5.3 In dealing with planning enforcement matters and decisions to take action we will always have regard to:

• objectives of the development plan comprising the Core Strategy and Site Allocations Plan by ensuring that unauthorised development does not undermine the purpose and credibility of its policies and proposals
• planning permissions and consents by ensuring that developments are largely in accordance with approved plans, conditions and obligations
• protection of listed buildings, conservation areas, protected trees and other scheduled sites in the built and natural environment
• protection of residential amenity from undue disturbance resulting from commercial activities and from inappropriate domestic and commercial buildings, for example, noise, dust, overshadowing, loss of outlook

Harm would not, for example, include:

• loss of value to a neighbouring property
• competition to another business
• loss of an individual’s view over or ability to trespass onto someone else’s land
• boundary disputes or Party Wall issues
• private civil issues relating to for example covenants or maintenance of private roads

5.4 It may be possible to address issues such as these by way of civil action although this is a matter for the individual to pursue and is not an area where the Council would be involved.

6.0 New requests for investigation

6.2 Anyone who believes that a breach of planning control has occurred can request an investigation. Except for urgent cases, all requests should be made preferably by email to planning.enforcement@leeds.gov.uk or in writing on the 'Report a breach of planning regulations' page, enclosing photographs and measurements where possible.

Anyone who has difficulty writing down their concerns can contact the Corporate Contact Centre for assistance (see useful contacts). Please be prepared to identify yourself so that your request may be investigated and give as much detail as possible including the address and the nature of your concerns. It is often not possible to investigate anonymous requests due to lack of witnesses or evidence. Where a retrospective application for permission is made to regularise unauthorised development, publicity and consultation will be carried out, and people given the opportunity to comment before a decision is taken.

In urgent cases please contact the Development Enquiry Centre call centre (phone 0113 222 4409) and give as much detail as possible of your concerns. If you also raise your concerns with a councillor, please advise them of any contact you may have had with the enforcement service and give them the name of the officer you have spoken to or who is dealing with your request where possible. We will not deal with anonymous complaints.

6.3 Where the compliance request is relating to mining, waste and commercial energy developments please send your email to planning.minswasteenforcement@Leeds.gov.uk.

7.0 What happens to your report

7.1 Written requests will normally be acknowledged within 3 working days of receipt and each case will be individually assessed on its merits. You will be informed of the name of the Enforcement Officer who will be dealing with your request. The officer will then check the council’s records, write to the owner and inspect the site and interview witnesses if needed in order to establish whether a breach of planning control has occurred.

You will receive an update once these initial checks have been undertaken which will advise how the case is likely to progress and what the next steps might be.

The government describes in its guidance circumstances when formal action might not be appropriate[1] the service will have regard to this guidance. If a breach has occurred the service will not normally take formal action where, in the view of Enforcement Officers:

• there is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area
• development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development
• in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where planning conditions may need to be imposed

7.2 Where the council decides not to take formal enforcement action or no breach of planning control has taken place, the reporter of the potential breach will be notified by email or in writing of the reason for the council’s decision. These matters would mainly relate to development that would be granted planning permission without conditions.

7.3 Where it is decided to take enforcement action in response to a breach of planning control, the council has a range of statutory powers available to it to seek information about, and to remedy the activities being undertaken and the persons involved.

Wherever possible, except in the most serious circumstances we will seek to engage with landowners to address matters without the need for a formal notice. This is often more successful, economical and quicker than formal enforcement options.

When this has failed, an on examination of the full facts and available admissible evidence the council can serve statutory notices setting out what actions are required to remedy the breach of planning control and when necessary take prosecution action, seek court injunctions and undertake works in default.

The council will actively engage its legal team to review and inspect the weight of evidence it receives as part of the enforcement case. The legal team will review witness accounts, physical and other evidence as part of this role in ensuring evidential threshold are met to prove the breach as well as complying with its public sector statutory duties in relation to GDPR and Data Protection laws.

7.4 There are statutory time limits within which enforcement action must be taken or the breach becomes immune and the unauthorised development is then lawful. For example, enforcement action cannot be taken against building works or the change of use of a building to a single dwelling, including the subdivision of a house into self-contained flats, if the development took place more than 4 years ago. Although this has changed on 2 April 2024 and there is a transition period where it still applies. See Government guidance on enforcement and post-permission matters.

The time limit in respect of other changes of use or the failure to comply with planning condition is 10 years. There is no statutory time limitation on taking action against works to listed buildings.

7.5 If we have to put the enforcement case on hold for any reason we will explain the circumstances, and detail the amended timescales for any action to be taken.

8.0 Priorities and timescales

8.1 Within the service there are 3 categories of report depending on the alleged breach of planning control.

• Priority 1 - Where there is a likelihood of irreparable harm occurring, the site will be visited within 1 working day of the report. This includes works to protected trees, listed buildings and demolitions within a conservation area as well as other works that are considered to be causing immediate and irreparable harm to the amenity of an area
• Priority 2 - Where there is a significant nuisance or impact on amenity, we will aim to visit within 5 working days
• Priority 3 - This relates to less urgent cases and we will aim to visit within 20 working days

8.2 The table below identifies the order of enforcement priorities that will generally be applied to cases coming into the service:

1 A High	Unauthorised works (including alteration, partial demolition or demolition) to a Listed Building or a building within a Conservation Area
1 B High	Unauthorised works to trees that are protected, either by a Tree Preservation Order or by virtue of the tree being situated within a Conservation Area, or involving works to a hedgerow that is protected by law
1 C High	Any other unauthorised development which in the opinion of the local planning authority causes irreversible and serious demonstrable harm or presents an immediate and serious danger to the public
2 D Medium	Unauthorised development or activities within the green belt, a Site of Special Scientific Interest, within a Conservation Area, within an Area of Article 4 Direction or within any other national or locally-designated site of nature conservation
2 E Medium	Any unauthorised development or activity or breach of a planning condition which in the opinion of the local planning authority causes demonstrable, continuous harm to the locality, or the living conditions of local residents
2 F Medium	Unauthorised advertisements which have a detrimental impact upon public or highway safety or visual amenity
2 G Medium	Unauthorised development where the time limit for pursuing enforcement action might expire within 6 months (excluding categories above)
3 H Low	Technical breaches of planning control that marginally exceed permitted development rights
3 I Low	Minor variations from approved plans that do not, in the opinion of the local planning authority, appear to cause demonstrable harm to the locality or the living conditions of local residents
3 J Low	Unauthorised advertisements that in the opinion of the local planning authority, lie outside any of the categories listed above
3 K Lowest	Minor unauthorised development that would be likely, in the opinion of the local planning authority, to receive retrospective planning permission or would result in formal enforcement action not being instigated

8.3 These priorities can change should further information be received or the initial site visit raise further issues. In a number of cases it will sometimes be necessary to undertake further monitoring to build up a picture of the nature and scale of the problem.

We will on occasion ask reporters of the potential breach to assist us in this process by keeping log sheets over a period of time.

9.0 What factors we will take into account

9.1 Following an initial visit, we will assess what has taken place and if there is a planning breach decide the following:

• What is the planning harm – how serious is it?
• Would it be likely to be granted planning permission (with or without conditions)?
• Is it a minor breach (technical) or more serious?
• Can we resolve it simply by negotiation or modification?
• Is action needed quickly because the development or activity is harmful and not acceptable?

9.2 The decided actions will need to be proportional to the breach and balanced with the available resource. Dealing with enforcement cases can be a lengthy and complex process. The different types of enforcement cases vary considerably in complexity as does the time taken for their resolution.

9.3 If the investigations indicate that a breach of control has occurred that justifies enforcement action an Enforcement Notice will be served. The Notice takes a minimum period of one month to come into effect during which time the person(s) served with the notice can appeal against it to the Secretary of State for Communities and Local Government via the Planning Inspectorate.

An Enforcement Notice may be quashed or revised by the Planning Inspector appointed by the Secretary of State.

9.4 Where an appeal is lodged the council can take no further action until the appeal has been It is not unusual for the appeal process to take several months. If a person decides to appeal against an enforcement notice, this will add to the time taken to resolve the case. In consequence it is not possible to give a standard time for dealing with enforcement cases.

9.5 An Enforcement Notice specifies the time period needed for compliance. This period will take account of the steps required to comply with the notice and will set a practical and reasonable period for their completion. However, if someone does not comply with a notice in the stated time period they may be prosecuted with the possibility of being fined by the courts.

9.6 Where a breach of control is causing serious harm to public amenity in the neighbourhood of a site the council can seek immediate remedial action. This action may involve the serving of a Stop Notice when an Enforcement Notice has already been issued.

Temporary Stop Notices may be served when an immediate cessation of the harmful activity is required, usually before an enforcement notice comes into effect. They can only last a maximum of 56 days and may only be served once.

9.7 It is helpful to contact the enforcement service whenever you have any new information that the council needs to consider in handling the case.

10.0 Monitoring and performance

10.1 We will undertake case reviews of all live cases at both 7 weeks and 13 weeks and continue to do so every 13 weeks until the matter has been concluded.

We will aim to write to, or first time visit 80% of all new cases within the timescales stated. For 50% of cases where there is an actionable breach to reach a key milestone in case progression by 13 weeks.

Monitoring against targets will be undertaken on a quarterly basis against the above performance standards. We will also measure our success rates at enforcement appeals and prosecutions across the service.

11.0 What if someone reports you?

11.1 If you are contacted about an alleged breach of planning control you are entitled to know what the allegation is (but not who made it) and have the opportunity to explain your side of the case. If you are not involved, no action will be taken against you. If you are involved, the enforcement service will advise you of the details of the breach and how it can be put right.

11.2 Your co-operation will be sought to correct the breach, either by removing or modifying the unauthorised development or by ceasing the unauthorised work. A reasonable period of time will be allowed for you to do this.

11.3 In some circumstances you may be invited to submit a retrospective planning application if it is considered that permission may be granted.

11.4 If you are running a business which is threatened by enforcement action, you can identify possible alternative premises so as to minimise the possible impact on the business. You can also find alternative premises on the council's website here. This does not mean that the enforcement action will be delayed or stopped.

11.5 If you are issued with an Enforcement Notice you will be given the precise details of the breach, the reasons for the action, the steps required to overcome the problem and the time period for compliance.

11.6 You may be served with a ‘Planning Contravention Notice’ that requires information concerning the development carried out. This notice is used to establish the facts of what has occurred so that the council can determine whether a breach of control has taken place, and whether formal enforcement action is appropriate. The implications of not completing and returning the notice will be explained to you.

11.7 Planning warning letter

We can invite a retrospective application. In circumstances where we consider that an application is the appropriate way forward to regularise the situation, the owner or occupier of the land might be invited to submit their application (section 73A of the Town and Country Planning Act 1990) without delay.

It is important to note that:

• although a local planning authority may invite an application, it cannot be assumed that permission will be granted, and the local planning authority should take care not to fetter its discretion prior to the determination of any application for planning permission – such an application must be considered in the normal way
• an enforcement notice may also be issued in relation to other elements of the development

12.0 Service expectations and standards

12.1 Everyone (including those reporting an alleged breach and persons suspected of a breach) will receive the same standard of courteous and impartial professional service at all times. The Council adopts a zero-tolerance approach and expects the same courtesy and will not tolerate abusive, foul, discriminatory or slanderous language or threatening behaviour. In the event of such, the service will not communicate further with the reporter on the issue.

12.2 Once a report has been made and an investigation is ongoing the service will not respond to individual requests for information or updates. The service will inform you when there are significant updates to make if further information is required.

12.3 Repetitive, unreasonable, persistent or vexatious reports will not be investigated (unless there is clear evidence of irreversible harm). Reports not related to or involving "development" or other matters covered by the Town and Country Planning Acts cannot be investigated. Reports received on a previously closed case will only be opened if admissible evidence is provided, the Council is unable to commit to monitoring a site indefinitely.

12.4 Reports may also be made to your local ward Councillor or Member of Parliament, however please note, these reports will be investigated in the same way, in accordance with this Leeds Enforcement Plan.

12.5 The council will not normally investigate anonymous reports of alleged breaches of planning control but retains the discretion to do so.

12.6 Following the outcome of the investigation, if you are dissatisfied with the outcome, there is no third party right of appeal. You may however make a complaint through the council's complaints procedure; the complaints process will only look to ensure that the correct processes and polices have been followed and it cannot overturn an outcome. The complaints procedure does not apply to matters where there is a legal remedy or appeals process, i.e., appeal against being served with a formal notice.

Appendix 1 - Planning enforcement process flow chart

Appendix 2 - Planning enforcement formal action flow chart