Leeds Enforcement Plan for planning

1. Introduction
2. Purpose of the plan
3. Our principles
4. Breach of planning control
5. Reporting a possible breach and how we investigate
6. Determining appropriate action
7. Service standards and expectation
8. Performance monitoring and review
9. Appendix 1
10. Appendix 2

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 we approach 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

We are 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. 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. 

You can report a suspected breach by:

• using our online form
• email planning.enforcement@leeds.gov.uk
• post to Planning Enforcement, Merrion House, Leeds, LS2 8BB
• for Minerals, Energy and Waste, planning.minswasteenforcement@leeds.gov.uk

Please include your name and address, and 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, we will aim to acknowledge it within 3 working days.

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, we use 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.

1. High priority

Description

Breaches causing serious harm to public over a wide area, or causing 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 of report

3 days

Notification of enforcement activity

10 working days

When we will provide an update

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

2. Medium priority

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 of report

3 days

Notification of enforcement activity

25 working days

When we will provide an update

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

3. Low priority

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 of report

3 days

Notification of enforcement activity

35 working days

When we will provide an update

We will update you if we request a retrospective application from the owner/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/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, 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, we 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 and also have regard to the Public Sector Equality Duty in dealing with and making decisions on cases.

Our enforcement powers are discretionary, and 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.

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 (for example 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 2 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 policies. 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 our corporate complaints process complaints@leeds.gov.uk.

The complaints 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, such as 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.

Appendix 1

Flowchart

1. Report received - report of suspected breach is submitted.
2. Acknowledgement - council acknowledges receipt of report within 3 working days.

3. Initial checks - officers check if planning permission or permitted development rights apply

   3.1 Enforcement matter - prioritisation - reports are categorised as high medium and low priority. Or
   3.2 Not an enforcement matter - reporters notified where there is no breach or directed to appropriate other service, such as police, environmental health

4. Notification - letter sent to owner/occupier, site visit carried out and reporter notified of our proposed actions.

5. Report assessment - council determines if a breach has occurred or not or if further monitoring is required.

   5.1 No breach, or not expedient to take action. Case closed.
   5.2 Breach of control identified and resolved by:

   • negotiation/alteration of scheme
   • submission of a retrospective application
   • formal action where expedient

   Enforcement action suspended pending determination of application/ serve enforcement notice

6. Reporter notified of activity/decision.

Appendix 2

Discretionary powers

Planning legislation provides a number of discretionary powers for enforcing compliance with planning controls. Although we will almost always try to negotiate or invite a planning application in the first instance, if a solution cannot be reached action may be taken.

The power to gather information

Our Planning and Enforcement Officers are authorised to exercise the power to access land to obtain information they need (they must give at least 24 hours’ notice to enter a house). If a resident refuses to let an authorised Officer in, a warrant of entry can be obtained.

Planning contravention notice

A Planning Contravention Notice (PCN) can be issued if there is a suspected breach of planning control. It describes the breach and requires information about it to be provided, including the person(s) involved and their interest in the land. It will set out a time for compliance with the notice.

Section 330 Notice (under section 330 of the Town and Country Planning Act 1990) can be served if reporting a suspected breach but do not know who owns the land.

Temporary stop notice

A Temporary Stop Notice (TSN) can be issued where we consider that a breach of planning control has occurred and deem it necessary to stop the breach immediately. This notice expires 56 days (or any shorter period set out) after it has been displayed on the land. During this period, we must decide whether to take enforcement action. There are some restrictions on a Temporary Stop Notice, such as that it cannot prohibit the use of a building as a dwelling house.

Breach of condition notice

A Breach of Condition Notice (BCN) can be issued to ensure full compliance with a condition imposed on a planning permission. The notice sets out the steps to be taken and provides a timeframe (of at least 28 days) for compliance.

Planning enforcement notice

A Planning Enforcement Notice (PEN) can be served to remedy an actual (but not an anticipated) breach of planning control. It can require an unauthorised use of land to stop, or for unauthorised building or engineering works to be removed. It will set out the reasons for issue and will state a compliance period. The compliance period starts on the day that the notice takes effect and must be a period of at least 28 days.

Listed building enforcement notice

A Listed Building Enforcement Notice (LBEN) may be issued where works affecting the character of a listed building are carried out in the absence of listed building consent. The notice can specify steps to be taken to restore the building to its former state, to alleviate the effect of the unauthorised work, or to bring the building to the state that it would have been in had any listed building consent been fully complied with.

Conservation area enforcement notice

A Conservation Area Enforcement Notice (CAEN) may be issued where unauthorised work or demolition to a building has taken place in a conservation area in the absence of appropriate consent. The notice can specify steps to be taken to restore the building to its former state, to alleviate the effect of the unauthorised work, or to bring the building to the state that it would have been in had any conservation area consent been fully complied with.

Stop notice

A Stop Notice (SN) requires any activity within the scope of a breach alleged in an Enforcement Notice to be immediately minimised, reduced or ceased. The notice must be served in conjunction with a full Enforcement Notice but can be served before an Enforcement Notice has taken effect and regardless of whether an appeal has been lodged.

Section 215 notice

A Section 215 Notice (Amenity Notice/Untidy Land) can be served if we consider that the condition of land or buildings is causing harm to the amenity of an area. The notice will specify steps that must be taken to remedy the condition of the land. The notice will state a compliance period but cannot take effect until 28 days after its issue.

Enforcement injunction

An Enforcement Injunction (EI) can be sought where we consider it necessary or expedient for any actual or anticipated breach of planning control to be restrained. If the terms of an injunction are breached the relevant party or parties are in contempt of court and an application can be made by the council for their committal to prison.

A Prosecution can be brought in cases where any of the following offences have been committed:

• the conditions of a formal notice have not been complied with to our satisfaction or within the specified timescales
• works are carried out to a listed building in the absence of necessary listed building consent
• demolition of a building in a conservation area takes place in the absence of planning consent
• works are carried out to a tree which is the subject of a tree preservation order without the necessary consent
• an advertisement is displayed in the absence of the express consent required

We will only instigate proceedings if there is a realistic prospect of conviction and it is in the public interest to do so. A person convicted could be subject to a fine and may receive a criminal record. If the breach is not remedied following conviction, we have recourse to further prosecutions which could result in more substantial fines and/or imprisonment. Where prosecution does not remedy a breach or the harm caused by it, we have the power to take Direct Action (Default Powers). This enables us to enter land and carry out works contained within a formal notice. We will then charge the landowner for these works.

Where it appears that the offender has benefited from their criminal conduct, we will consider issuing proceedings for confiscation under the Proceeds of Crime Act 2002.