Enforcement and Monitoring Policy

Principles of Good Enforcement and Monitoring

This policy applies to enforcement and monitoring we carry out as part of our planning service as Local Planning Authority for the Lake District National Park.

Enforcement and monitoring is an important part of our planning service. It is integral to the way we control development to conserve the special qualities of the Lake District. Without effective enforcement action to remedy the harmful effects of unauthorised activity, public acceptance of the system is undermined.

We are committed to the principles of good enforcement including: clear standards, openness, helpfulness, proportionality and consistency. In preparing our policies and procedures we have adopted the central and local government Concordat on Good Enforcement (PDF).

What you can expect from us when you report a breach of control and how we monitor is set out in our Customer Charter for Development Control.

We will maximise the opportunity for compliance by widely publicising our planning service and providing accurate and timely advice in accordance with our Customer Charter.

Taking action

We recognise that most businesses, organisations and individuals want to comply with legislation. When we identify a breach of control we will consider whether there is a voluntary solution to remedy the situation. But we will not let this hinder effective formal action when this is warranted and in reaching this decision we will:

  • consider relevant development plan policies and any material considerations
  • decide whether the breach of control unacceptably affects public amenity or the existing use of land and buildings meriting protection in the public interest.

We will act proportionately to ensure that our action is commensurate with the breach of control to which it relates and consistently when dealing with similar breaches in similar circumstances.

Only certain specified breaches are an offence. When we identify that an offence has been committed we will consider prosecution. We will normally proceed to prosecution if the breach causes serious irreversible harm or is in blatant disregard of control or for a repeat offence or offender.

Monitoring

Monitoring the implementation of planning permissions which we have granted is an important part of the development control process. We will carry out a programme of monitoring, which will be in accordance with priorities which we will make public through our Development Control Committee papers.