A new Ombudsman report warns England’s local planning enforcement services are under pressure, leaving communities powerless to stop unlawful development.
The Local Government and Social Care Ombudsman’s investigation, Losing Control, found enforcement cases now make up nearly half (47%) of all upheld planning complaints – up from a quarter three years ago.
Published today (18th February), the report describes a service struggling with chronic underfunding and mounting backlogs. A survey by the Royal Town Planning Institute (RTPI) found 80% of enforcement officers say they are understaffed, while 89% report a case backlog.
‘Effective planning enforcement is vital to maintain public confidence in the planning system, and traditionally it as been referred to as a ‘Cinderella service’ – one that does not receive adequate attention or resources,’ Ombudsman Amerdeep Clarke, said.
Years of delays
The investigation highlights years-long delays, administrative errors and councils being stripped of the power to act because statutory time limits have expired.
In one case, a council took three years to decide on a reported breach but concluded no action was appropriate, leaving residents with ‘the injustice of uncertainty’.
In another, a councils mistakenly told residents it had served an enforcement notice. By the time the error was discovered, the time limit for action had passed.
‘Delay can also mean authorities lose the power to act, leading to harmful development remaining in place with no way to put things right,’ Clarke warned.
Systemic failures
The Ombudsman pointed to a series of systemic problems including understaffed teams and communication breakdowns between planning departments and legal teams.
‘If people don’t have faith that planning controls will be enforced, they are less likely to raise concerns’, the report states. ‘This also makes it more likely that only law-abiding individuals will comply with planning rules, while those that ignore or avoid them are allowed to act with impunity.’
Government reforms under scrutiny
The government’s planning reforms aim to boost economic growth by speeding up applications. However, Clarke cautioned these changes can’t succeed without properly resourced enforcement.
‘Without this, we risk losing public confidence in the planning system,’ he said.
Simon Creer, director of communications and external relations at the RTPI, 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’.’
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