Local authorities ‘losing control’ of planning enforcement, says LGO
Unlawful developments risk being left in place permanently due to a lack council enforcement capacity, a report from the local government ombudsman warns.
The Local Government and Social Care Ombudsman says the number of enforcement investigations it’s been called in to deal with has almost doubled over the past five years.
Now, new research from the organisation highlights how the number of significant delays is on the increase and, in some cases, statutory time limits have passed – leaving communities with developments that breach planning rules indefinitely.
In its “Losing Control” report, the ombudsman says it’s recording increasing levels of cases where councils at found to be fault for causing unnecessary delay, due to a lack of available enforcement officers.
Local Government and Social Care Ombudsman, Amerdeep Clarke, says that unless action is taken by government, the country risks running a “two-tier” system of those who keep to the rules, and those who routinely flout them.
“If people lose faith that planning rules will be enforced, they stop raising concerns,” she said.
“We recognise and welcome Government plans to improve the planning system and boost the nation’s economy through increased development. But development without enforcement is a recipe for planning chaos. Without proper resourcing, public trust in the entire system will collapse.
“We also appreciate the immense pressure planning teams are under, and it’s encouraging to see so many welcome our findings as evidence to support investment in their services. The case studies we’ve highlighted show that, with the right resources, teams can make significant improvements that benefit both staff and the communities they serve.”
The ombudsman’s report includes questions for councillors and heads of service to help scrutinise their local planning enforcement services and highlights constructive responses from authorities that have committed to recruiting additional staff and improving procedures.
The report comes on the back of a Royal Town Planning Institute report released in 2022, which showed that almost 90% of local authorities experienced an enforcement backlog, with 80% of more than 100 councils who responded reporting that they didn’t have enough officers to carry out the workload.
Simon Creer, Director of Communications and External Relations at the Royal Town Planning Institute, said: “Enforcement officers are the backbone of the planning system. But as this report shows, years of under-resourcing and challenges in recruitment have led to staff shortages and overwhelming workloads.
“RTPI research from 2022 into planning enforcement resourcing raised the alarm – unfortunately, this report suggests that there has been little improvement and that, as a result, in some places services are ‘struggling or already broken’.
“If we want to build at scale and meet the government’s ambitious housing targets, we’ll need to make sure there are sufficient enforcement officers in place to ensure the planning system can effectively support delivery and uphold policy standards.”
The full report can be read on the Local Government and Social Care Ombudsman’s website.
