Introduction

Legislative context

Under the Town and Country Planning Act 1990 (as amended), we, in our role as the local planning authority, have the discretion to exercise our powers in managing and addressing unauthorised development.

Importance of enforcement

Planning enforcement is a core function of the local planning authority. A strong and effective enforcement service is essential to maintaining public confidence in the integrity and fairness of the planning system.

Purpose of the Local Enforcement Plan (LEP)

This Local Enforcement Plan (LEP) sets out how we undertake our planning enforcement responsibilities. It ensures that enforcement is carried out in a consistent, transparent, and proportionate manner across the borough. The plan has been prepared in accordance with the National Planning Policy Framework (NPPF, December 2024).

Paragraph 60 of the NPPF states that: “Effective enforcement is important to maintain 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. They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development, and take action where appropriate.”

Approach to enforcement

This LEP outlines all planning enforcement-related activities undertaken by us. It reflects our commitment to a firm but fair approach in investigating and addressing breaches of planning control.

Development management

National policy

• National Planning Policy Framework (PPF)
• National Planning Practice Guidance

Maidstone Development Plan

• Maidstone Borough Local Plan 2021-2038 (2024)
• local neighbourhood plans

What is and what is not a breach of planning control

A breach of planning control occurs when development, as defined under Section 55(1) of the Town and Country Planning Act 1990 (as amended), is carried out without the necessary planning permission. This includes:

• the unauthorised construction of buildings, extensions, fences, or walls;
• material change of use of land or buildings without planning consent;
• engineering operations such as raising ground levels without approval;
• failure to comply with approved plans or conditions attached to a planning permission

In addition, other breaches may fall under separate provisions of the Town and Country Planning Act or related legislation, including:

• untidy land that significantly harms the amenity of the area (Section 215)
• unauthorised works to Listed Buildings;
• works to protected trees, including those under a Tree Preservation Order (TPO) or within a conservation area;
• removal of protected hedgerows, governed by the Hedgerow Regulations 1997
• display of advertisements without the necessary consent;
• non-compliance with planning conditions, such as time limits, usage restrictions, or design requirements

The following examples are NOT normally breaches of planning control and are typically outside the scope of planning enforcement:

• bonfires or fly tipping (maybe addressed under environmental legislation);
• internal alterations to buildings that are not listed;
• road safety issues, such as mud on the highway (usually a highways matter);
• land ownership disputes, boundary issues, or trespass (civil matters);
• parking of commercial vehicles on public highways or grass verges;
• running a business from home, where the primary use remains residential;
• covenant infringements in property deeds (private legal matters);
• permitted development works, such as certain extensions or outbuildings within government-defined limits;
• unsafe construction practices (covered by building control regulations);
• building standards issues, including drainage and water supply connections;
• electricity supply concerns (regulated by utility providers)

See Appendix 1 for examples of issues that may be dealt with by other council teams or other organisations.

How to report a breach of planning control

To report a suspected breach of planning control, the preferred method is by completing the online form available on our website.

While reports can also be submitted via email, letter, or telephone, these methods may result in slower response times. Submissions made outside the web form are subject to our customer care standards, which allow up to 10 working days for a response.

Information required

To help us investigate your report efficiently, please provide as much detail as possible. The following information is essential:

• Your full name, postal address, telephone number, and email address. Note: Anonymous complaints will not normally be investigated.
• Accurate location details of the site in question. If the address is unknown, please use a tool such as 'what3words' to pinpoint the location.
• A clear description of the alleged breach, including the harm or impact it is causing.
• Names and contact details of the landowner or individuals involved, if known.
• Photographs, logs, or other supporting evidence, if available.
• The date and time the alleged breach occurred or was observed.
• Any other relevant information that may assist the investigation.

Anonymity and confidentiality

The Local Planning Authority does not normally investigate anonymous complaints unless the matter is considered to be serious. In such cases, investigation is at our discretion. If you wish to remain anonymous, you may contact your Ward Councillor or Parish Council, who can submit a complaint on your behalf.

This policy helps prevent the misuse of our resources on hoax or vexatious complaints. It also ensures that any evidence gathered is admissible in legal proceedings, where hearsay is generally not accepted.

All complaints are treated with strict confidentiality. Your identity will not be disclosed during the investigation. However, if an appeal is lodged against an enforcement notice, your address (but not your name) may be made public as part of the appeal process.

We value the support of residents and community groups. In some cases, the success of enforcement action - particularly at appeal or in court - may depend on witness statements or community evidence. Public involvement can be a crucial factor in upholding planning control.

Investigation process

Local planning authorities have the discretion to take enforcement action where it is considered expedient, having regard to the development plan and any other material considerations.

When a report of a potential breach of planning control is received, it will be acknowledged by email or post. We will then carry out an investigation and determine whether enforcement action is appropriate. While routine updates are not provided during the investigation, the complainant will be informed of key developments, including the outcome of the case or when it is closed.

It is important to note that planning enforcement is often a complex and lengthy process, involving legal procedures and evidence gathering. The time required to resolve a case can vary significantly, and as such, it is not possible to provide a standard timeframe for resolution.

Even where a breach is confirmed, enforcement action is not automatic. In some cases, the breach may be minor or could have been granted planning permission had an application been submitted. The absence of planning permission does not, in itself, necessitate formal action.

A process flowchart outlining the investigation stages is provided in Appendix 2.

Initial prioritisation of case types

Upon receipt, all enforcement cases are assessed and prioritised based on the potential harm caused by the alleged breach. This ensures that the most serious cases are addressed promptly, and that resources are allocated effectively.

Priority levels may be adjusted as the investigation progresses, particularly following a site visit or initial review. All cases, regardless of priority, are progressed in a timely and proportionate manner.

Priority 1 - high priority

Cases involving potential irreversible harm or urgent risk, such as:

• unauthorised works to Listed Buildings
• damage to protected trees (TPOs or conservation areas)
• significant harm to the natural environment
• ongoing breaches where injunctive action or prosecution may be necessary

Priority 2 - medium priority

Cases that may cause moderate harm or where development is ongoing, including:

• unauthorised building works in sensitive areas
• breaches of planning conditions with visible impact
• material changes of use affecting local amenity

Priority 3 - low priority

Cases involving minor breaches or limited impact, such as:

• minor deviations from approved plans
• low-impact changes of use
• non-urgent condition breaches

Priority one cases

Priority one cases are subject to a site visit within one working day of the complaint being logged. Following the site visit, officers are expected to provide an initial update to the complainant within one working day of the visit.

Cases involving potential irreversible harm or urgent risk

Priority two cases

Priority two cases will typically receive a site visit within 10 working days of the case being logged. Officers are expected to provide an initial update to the complainant within the same 10-working-day period from the date the case was registered.

Cases that are less immediate, yet still serious breaches that give rise to planning harm

Priority three cases

Priority three cases will typically receive a site visit within 20 working days of the case being logged. Officers are expected to provide an initial update to the complainant within the same 20-working-day period from the date the case was registered.

The majority of planning breaches typically fall into this category. These are cases where the planning impact is stable, and the breach is unlikely to result in severe or lasting harm to local amenity. However, they remain worthy of investigation and assessment to determine whether further action is necessary.

Information and evidence gathering

When a complaint is received regarding a potential breach of planning control, the first step is to determine whether the issue falls within the scope of planning legislation. In some instances, the matter may not be a planning concern and will be referred to the appropriate department within the council or to an external agency. For example, issues relating to minerals and waste fall under the jurisdiction of Kent County Council, and any such enquiries should be directed to them.

If it is established that a breach of planning control may have occurred, a new enforcement case will be:

• created
• assigned a unique reference number
• allocated to a relevant officer

The complainant will then receive an acknowledgement. The assigned officer will make all reasonable efforts to carry out an initial assessment of the case in a timely and thorough manner.

As part of the investigation process, officers may undertake the following actions:

• review the planning history of the site to understand any existing permissions or constraints
• request additional information from the complainant, witnesses, or the alleged offender to clarify the nature of the breach
• liaise with other Council departments or external agencies that may hold relevant information about the site or activity
• consult relevant planning legislation to ensure the correct legal framework is applied
• examine planning appeal decisions, case law, or seek legal advice where clarification on complex issues is required

Where no evidence of a breach of planning control is found

The investigation will be closed with no further action taken. These cases will not be reopened unless the complainant provides new and substantive evidence to support the allegation.

It is important to note that, in most cases, carrying out development without planning permission is not a criminal offence. Exceptions include unauthorised works to listed buildings, protected trees, and the display of advertisements without consent, which may constitute offences under separate legislation.

The absence of planning permission does not automatically justify formal enforcement action. We must consider whether it is expedient and proportionate to take such action, based on the harm caused and other material planning considerations.

Initial site visits

Site visits will be conducted in line with the timescales set out in the Prioritisation of Case Types section. The initial site visit is often the most critical stage of the investigation, as it can yield more valuable information than subsequent visits.

In most cases, officers will attend sites without prior notice to ensure an accurate assessment of the situation. Upon arrival, officers will identify themselves, explain the purpose of the visit, and attempt to establish the identity of the owner, occupier, or person responsible for the activity or development. Names and addresses will be recorded where possible.

To maintain confidentiality, officers will not conduct visits from the complainant’s property. During the visit, officers may take photographs, measurements, and record a brief description of the alleged breach and any evident harm. This comprehensive approach helps reduce the need for repeat visits and supports the integrity of the investigation.

While every effort is made to carry out site visits within the designated priority timeframes, there may be delays if the contravener, owner, or occupier is not present. In such cases, multiple visits or alternative communication methods may be required to establish contact, which can affect the overall timeline of the investigation.

Rights of entry

Planning Enforcement Officers are granted powers under Section 196 and 196A of the Town and Country Planning Act 1990 (as amended) to enter land for enforcement purposes. Under Section 196A, any person duly authorised in writing by the Local Planning Authority (LPA) may enter land at any reasonable hour, provided there are reasonable grounds to believe that entry is necessary to:

• ascertain whether there is, or has been, a breach of planning control on the land or any adjoining land;
• determine whether enforcement powers should be exercised;
• assess how such powers should be exercised;
• verify compliance with any previous enforcement action

Where the land includes a dwellinghouse, the law requires that the owner or occupier be given at least 24 hours’ notice before entry. However, no such notice is required for access to outbuildings, gardens, commercial premises, industrial sites, or farmland, unless access to those areas can only be gained through the dwelling itself.

Any person who wilfully obstructs an authorised officer exercising their right of entry is committing an offence under Section 196C(2) and may be liable, upon summary conviction, to a fine of up to £1,000

In cases where entry is refused, obstructed, or deemed urgent, we may apply to a magistrate for a warrant to gain access.

Post visit actions and considerations

Following an initial site visit, officers will advise the owner, occupier, or person responsible for the alleged unauthorised development of the next steps, including any intended enforcement action or available options to resolve the matter. Officers may also request further information to determine whether a breach has occurred.

Where appropriate, we will seek to resolve breaches through negotiation or by encouraging the submission of a retrospective planning application, which may allow the development to be regularised and controlled through the imposition of planning conditions.
The decision to pursue enforcement action will take into account a range of factors, including:

• statutory time limits for taking enforcement action;
• previous planning or enforcement history of the site;
• availability and willingness of witnesses to provide evidence;
• whether the breach involved a deliberate disregard for planning law or was the result of a genuine misunderstanding;
• the contravener’s willingness to remedy the breach;
• the likelihood of the breach being repeated;
• the overall public benefit of taking formal enforcement action

Further investigation

Where additional information is required to assess a potential breach of planning control, officers may undertake further investigative steps, including:

• Liaising with other Council departments and external agencies, such as the Land Registry, Companies House, Kent County Council, and Kent Police, to gather relevant information.
• Seeking legal advice, either from our internal legal team or by consulting a barrister, where complex legal interpretation is needed.
• Issuing formal investigative notices, such as:
• A Planning Contravention Notice (PCN) – used to obtain information about activities on land where a suspected breach has occurred.
• A Requisition for Information (RFI) – used to identify the ownership and interests in the land.

Breach of Condition Notices (BCNs)

Breach of Condition Notices may be issued at an early stage, particularly where pre-commencement conditions have not been discharged. This proactive approach helps to prevent serious or lasting harm to local amenity and ensures that development proceeds in accordance with approved requirements. BCNs are commonly used to address:

• non-compliance with approved plans or drawings;
• failure to implement landscaping schemes or other conditions critical to the visual or environmental quality of a development

Unlike enforcement notices, BCNs do not require prior warning and do not carry a right of appeal, making them an effective tool for securing compliance quickly.

Formal enforcement action

Formal enforcement action is generally considered only after all reasonable attempts at negotiation have been exhausted, and where it is deemed expedient and proportionate to do so, based on the nature and scale of the breach and its impact on public amenity or the environment.

It is important to recognise that formal action can be complex, time-consuming, and resource-intensive. Before proceeding, officers will gather all relevant evidence and prepare a report seeking authorisation in accordance with our Scheme of Delegation, as set out in our Constitution.

The table below outlines the main types of enforcement notices available to us, along with the potential consequences of non-compliance.

For further guidance, please refer to the National Planning Practice Guidance (NPPG) on planning enforcement.

Further formal action following non-compliance with notices

Where a notice has not been complied with, we may consider further formal action, including prosecution or direct action, subject to legal advice and in accordance with our Constitution.

The decision to initiate prosecution proceedings will be made by senior officers, in consultation with our legal team. While prosecution does not resolve the breach itself, it serves as a deterrent, encouraging compliance and avoiding the risk of a criminal conviction.

In some cases, it may be more appropriate to pursue direct action. This involves us appointing contractors to carry out the necessary remedial works. The costs incurred are then registered as a charge against the land, recoverable upon its sale.

Where prosecution or direct action is considered appropriate, such cases will be given priority, subject to the availability of resources and a risk and cost assessment.

The use of drones

The Planning Enforcement Team has the benefit of using a drone (Unmanned Aerial Vehicle (UAV)) to help investigate breaches of planning control. Not only is the drone helpful in being able to gather evidence on sites where access may have been denied, but it is also beneficial on sites where planning breaches may involve larger areas or more than one property.

All drone flights are conducted following the adopted Maidstone Borough Council Unmanned Aerial Vehicles Policy and Operations Manual. These procedures have been approved as safe by the Civil Aviation Authority (CAA). The service ensures that the usage follows the Regulation of Investigatory Powers Act 2000 in relation to conducting drone surveillance. We ensure that such surveillance is conducted overtly.

Data protection

Evidence is gathered and retained in accordance with our Data Protection Policy. All footage will be kept confidential whilst investigations are progressing. Any footage that is not relevant to the purpose of our investigation will be securely destroyed/redacted.

For further information and enquiries, contact our Planning Enforcement Team using the email address below.

Performance

Our Planning Enforcement Team maintains monthly and annual records to monitor performance and ensure accountability. The following key metrics are routinely recorded:

• the total number of ongoing enforcement investigations;
• the number of new investigations received and cases closed within the reporting period;
• the number of formal enforcement actions undertaken and completed

These records support internal performance reviews and help identify trends, resource needs, and areas for service improvement. These statistics are reported quarterly to the policy advisory committee and can be viewed on our website.

Complaints

If you are happy or unhappy with our service, then you can contact us directly at planningenforcment@maidstone.gov.uk

You can also:

• email customer services: customerservices@maidstone.gov.uk
• phone 01622 602 000
• write a letter to: Customer Services, Maidstone Link, King Street, Maidstone, ME14 1FW

All complaints about the Planning Enforcement service should complete the corporate process of stage 1 and stage 2 before making a complaint to the Local Government & Social Care Ombudsman (LGSCO).

Respect for officers

All employees have the right to be treated with respect and dignity. We are committed to maintaining a working environment for all staff where harassment and threatening, or abusive behaviour is unacceptable.

Unreasonable behaviours or actions such as unwanted physical contact or assault, intimidation, threats, excessive swearing or foul language, or offensive remarks may cause the Unreasonable and Unreasonably Persistent Contacts Policy to be invoked.

We are responsible under the Public Sector Equality Duty to show due regard in eliminating unlawful discrimination, harassment, and victimisation and other conduct prohibited by the Act. We recognise there is diversity within the community. Care will be taken to ensure enforcement actions are clearly understood by all.

Appendix one

Examples of issues that may be dealt with by other council teams of other organisations.

Appendix two

• View the enforcement process flowchart