Local Enforcement Plan

We oversee minerals and waste planning across the county, except in the Peak District and Stoke-on-Trent.

Mineral and waste sites are not always seen as good neighbours. That’s why the Council provides a strong planning regulation service. This ensures decision notices issued by the Development Management Team are monitored and operators are held accountable. The Planning Regulation Team also investigates complaints about possible breaches of planning control.

The revised Local Enforcement Plan explains what businesses and the public can expect from us when monitoring and enforcing minerals and waste development. This work is vital to protect and improve the environment, safeguard local people’s interests and quality of life, and maintain confidence in the planning system.

This Local Enforcement Plan is a living document. It will be updated as planning laws, policies, and guidance change.

Government policy, guidance and legislation

Government policy, guidance, and law set the rules for how councils handle planning. Important documents include the Town and Country Planning Act 1990 (as amended), the National Planning Policy Framework (NPPF), and Planning Practice Guidance (PPG). The points below explain what “county matters” are and why we need a Local Enforcement Plan.

Planning for minerals and waste is called "county matters." These are defined in Schedule 1 of the Town and Country Planning Act 1990 and in the Town and Country Planning (Prescription of County Matters) (England) Regulations 2003.

Section 19 of the Waste (England and Wales) Regulations 2011 says planning authorities must regularly inspect businesses or organisations that deal with waste disposal or recovery.

Paragraph 60 of The National Planning Policy Framework (NPPF) – the latest revision, December 2024 states:

“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.”

National Planning Practice Guidance (PPG) goes on to state that the preparation and adoption of a local enforcement plan is important because it:

allows engagement in the process of defining objectives and priorities which are tailored to local circumstances.
sets out the priorities for enforcement action, which will inform decisions about when to take enforcement action.
provides greater transparency and accountability about how the local planning authority will decide if it is expedient to exercise its discretionary powers.
provides greater certainty for all parties engaged in the development process.

The plan covers two things. First, investigating and enforcing breaches of planning rules. Second, monitoring sites that already have planning permission.

We are the top level of a two-tier local government system. Below it are eight district and borough councils.

Stafford Borough Council
Newcastle-under-Lyme Borough Council
East Staffordshire Borough Council
South Staffordshire Borough Council
Lichfield District Council
Cannock Chase District Council
Staffordshire Moorlands District Council
Tamworth Borough Council

District and borough councils handle most other planning matters. This includes housing, commercial development, farm-related decisions, untidy land, fly-tipping, and abandoned cars.

We deal with minerals and waste applications. We also decide most of our own planning applications under Regulation 3 of the Town and Country Planning General Regulations 1992. These include road schemes, schools, household waste recycling centres, and development on County Farms.

If we breach planning rules on our own development, we cannot take enforcement action against ourselves. This should not happen, but if it does, the district or borough council can take enforcement action should we fail to fix the breach.

The purpose of planning enforcement

The planning system relies on us being ready to take enforcement action when needed.

Planning laws and policies control how land and buildings are used for the public good. They do not protect private interests between individuals or businesses.

We will look into any reported breaches of planning rules. We will decide if a breach has happened and, if so, what action to take. Enforcement action will only be taken if it is considered necessary.

All investigations will follow the principles of good regulation and our Corporate Enforcement Policy. Officers will act in a way that is fair, consistent, transparent, and focused.

What is a breach of planning control?

A breach of Planning Control is defined in Section 171A of the Town and Country Planning Act 1990 and there are two distinct types:

Carrying out development without first obtaining planning permission (known as unauthorised development)
Failing to comply with any condition or limitation subject to which planning permission has been granted (known as breach of condition)

Planning breaches are not crimes, so there is no immediate punishment. However, we can take formal enforcement action under the Town and Country Planning Act 1990. Ignoring a formal notice is a criminal offence. The operator or landowner responsible could face prosecution, a fine, or even prison if a court injunction is broken.

Enforcement action is Discretionary

A breach of planning rules does not automatically mean formal enforcement action will be taken. Enforcement is meant to fix problems, not punish, and it should always match the seriousness of the breach.

We will first carry out a full investigation. Then we will decide, based on the Development Plan and other factors, whether enforcement is necessary. This depends on whether the unauthorised activity is harming the environment or the local area.

In relation to minerals and waste operations in Staffordshire, the adopted documents of the Development Plan are:

These documents set the main policies used to assess minerals and waste developments and decide if they are suitable.

Alongside these, relevant policies in district and borough local plans and neighbourhood plans must also be considered, as well as this Local Enforcement Plan, the NPPF, and PPG.

Formal action must follow the Police and Criminal Evidence Act 1984 (PACE), the Human Rights Act 1998, and the Equality Act 2010. This ensures there is no unlawful discrimination and that all action is fair and consistent.

Formal enforcement action should only be a last resort. Planning authorities are expected to give those responsible for a breach the chance to fix the problem or apply for retrospective planning permission.

Our planning enforcement team will always try to resolve breaches through discussion and negotiation before using formal enforcement action.

All records of the investigation must be kept, including any informal action taken. If the decision is not to take further action, the reasons for that decision must be recorded.

Identifying the lead authority

There is often overlap in enforcing waste disposal and recycling activities. This involves the County Council, district and borough councils (Planning Enforcement and Environmental Health officers), and the Environment Agency.

If unauthorised activity causes or could cause pollution, the Environment Agency will usually lead. If it involves a statutory nuisance, the District or Borough Council may take the lead. In all cases, the organisations will discuss who is best placed to investigate and act. If there is a risk of serious harm to human health, the Health and Safety Executive (HSE) and/or the UK Health Security Agency (UKHSA) may get involved.

Determining the appropriate planning authority

As stated earlier, we are part of a two-tier local government system. Section 286 of the 1990 Act allows enforcement notices to remain valid even if the wrong authority issues them. Where a single site has both district and county matter uses, we will work with the district council to identify all parts of the mixed use, including lawful ones. This ensures the alleged breach is fully and accurately described.

Once the mixed uses are identified and enforcement is considered necessary, the district council may take the lead. However, we can also take action if needed. Each case will be judged on its own merits. The key is to make sure the breach is described accurately, and all unauthorised uses are listed in the enforcement notice.

How to report an alleged breach of planning control

When reporting a problem with minerals or waste development, give as much detail as possible. This helps us categorise your complaint, assign it to an officer, and deal with it quickly. Useful information includes:

An accurate description of the location or address (what3words is useful to pinpoint the exact location)
A detailed description of the activities taking place that are a cause for concern.
Names of individuals and/or names of businesses involved with the alleged breach and name of landowner if known. Telephone numbers are always helpful if available.
The date(s) and time(s) of the alleged breach and whether it is still ongoing or if it has stopped.
Any other information or evidence that may be able to assist the investigation such as photographs.
Your name, address, email address and telephone number so that we can ask for any further information and keep you up to date with the investigation.

Complaints about alleged breaches of planning control will be accepted by email, telephone, letter or in person by prior arrangement using the contact details below:

Email: regulation@staffordshire.gov.uk

Telephone: 0300 111 8000 (ask to speak to the Planning Regulation Team)

By post or in person by prior arrangement:
Planning Regulation Team
Staffordshire County Council
1 Staffordshire Place
Stafford
ST16 2LP

What to expect if you report an alleged breach of planning control

The Planning Regulation Team will:

Keep your personal details confidential at all times unless required to be disclosed as part of statutory notice procedures, court proceedings or through other legal obligations.
Register your complaint within two working days providing you with an acknowledgement, a named officer and their contact details.
Arrange to visit the site to witness firsthand the alleged breach.
Actively pursue your complaint to an expedient conclusion and keep all parties informed of the progress of the investigation and of any decisions made.
Endeavour to investigate and close all alleged breaches of planning control within 13 weeks from the date of receipt. This is not always possible however the Council will seek to close 75% of open cases within this timeframe.

To use resources effectively, complaints are prioritised based on how serious the breach is. When a complaint is received, it will be reviewed and placed into a category. Category A complaints are dealt with first, followed by Category B and then Category C.

Category A

Unauthorised activities and/or development that gives rise to a serious risk of irreversible harm to public amenity and/or the environment e.g. traffic hazard, risk of fire and damage to the environment from unauthorised deposit of mixed waste materials, development creating significant pollution to designated habitats and/or human health
Permanent damage to the environment or heritage assets e.g. removal of a geological asset through unauthorised mineral extraction

Category B

Major breach of planning conditions causing severe nuisance through noise, dust, odour, mud on public highway etc
Unauthorised activities or development with the potential to cause harm to the environment

Category C

Minor breach of condition at an authorised site not causing undue harm to the environment or amenity
Non-compliance with approved plans at an authorised site

Timescales for Investigation

For a Category A complaint, a site visit will take place as soon as practically possible and where possible the same day or within 2 working days of receipt of the complaint.

For a Category B complaint, officers will endeavour to carry out an initial site visit within 5 working days of receipt of the complaint.

For a Category C complaint, a site visit will take place within 10 working days of receipt of the complaint.

We will follow the time frames where possible. However, delays may occur due to other factors. For example, a site visit may need Police support or officers from other organisations. These multi-agency visits can take longer to arrange.

What are the Possible outcomes of an investigation?

No breach found – A site inspection may show there is no breach of planning rules. For example, the unauthorised use may have stopped, or the development is allowed under permitted development rules.

There is a breach of planning rules, but it is not always necessary to take action. Planning enforcement is discretionary. For minor breaches, it may not be worth pursuing. The breach might be a genuine mistake, and the owner may fix it immediately when told. A breach does not automatically mean formal enforcement will happen. Sometimes, not taking enforcement action is the quickest and most cost-effective way to achieve a lasting solution.

The development is lawful and cannot be enforced against – This happens when a breach has continued for over 10 years without enforcement. The Planning Authority may have never been told about it. If evidence shows the breach has existed for this time, formal action cannot be taken. In these cases, the landowner may apply for a Certificate of Lawful Use.

Negotiations aim to find a solution – Planning enforcement is discretionary. Government policy says planning authorities should try to resolve breaches through negotiation. Formal enforcement is only considered if talks fail. Officers will not let negotiations go on indefinitely when changes are needed to make the development acceptable or when a specific use must stop.

Invite a retrospective planning application – We will invite a retrospective planning application if it is likely that permission can be granted. This is because the development follows local and national policy. The breach may be acceptable if conditions are added. An enforcement warning notice can set a deadline for submitting the application before further action is taken.

If an operator or landowner sends in a planning application, and agrees to reduce operations to an acceptable level while the application is being decided, formal enforcement action will usually not be taken. The application process must keep moving forward to avoid enforcement action.

Formal Enforcement Action - The Council has a range of formal enforcement powers by virtue of The Town and Country Planning Act 1990 (as amended). The more common forms of enforcement action are listed below.

Temporary Stop Notice (TSN) – This notice requires an activity that breaks planning rules to stop immediately for up to 56 days. During this time, we will investigate to decide if more enforcement action is needed. Ignoring the notice is an offence and can lead to prosecution and a fine.
Enforcement Warning Notice – This notice is used to invite a retrospective planning application. It explains what appears to breach planning rules and says that if an application is not submitted by a set date, further enforcement action may follow. The notice does not guarantee planning permission and there is no right of appeal.
Enforcement Notice – This notice can only be served if the planning authority believes there has been a breach of planning rules. It must explain the breach and give steps to stop and fix it. The notice takes effect at least 28 days after it is issued. An appeal can be made before it takes effect. If an appeal is lodged, the notice is suspended until the appeal is decided.
Stop Notice – This notice stops some or all activities that break planning rules before the enforcement notice takes effect. It can only be served with an enforcement notice. There is no right of appeal. If the enforcement notice is later overturned on legal or planning grounds, the Council may have to pay compensation. Ignoring the notice is an offence and can lead to a fine.
Default Powers – These powers let the local authority enter land and carry out the steps in an enforcement notice if the notice is ignored. They can only be used when there is a breach of planning rules and the notice hasn’t been followed. The Council pays the cost first but charges it back to the landowner. Default action is usually only taken if the landowner is unlikely to re-offend and costs can be recovered.
Breach of Condition Notice (BCN) – used to secure compliance with the terms of a planning condition that has been breached. There is no right of appeal and failure to comply could result in prosecution and a fine for each offence.
Injunction – This is a court order to stop a breach of planning rules. It can require someone to stop an action or to do something to fix the problem. It is used to prevent harm or force remedial work. Ignoring an injunction can lead to prison for contempt of court. An injunction is a last resort when other enforcement options have failed or would not work.

Other less common enforcement options include completion notices, discontinuance notices, and revoking planning permission. These need approval from the Secretary of State, so they can take a long time. The local authority may have to pay compensation for discontinuance notices and revoking permission.

Further details of all enforcement options can be found online in Planning Practice Guidance.

The following items are available to officers to assist with their investigations. They are not considered to be formal enforcement action and so do not need to be added to the Statutory Enforcement Register.

Section 330 of the Town and Country Planning Act 1990 (as amended) – This gives local authorities the power to ask who has an interest in the land. The information must be provided within 21 days of the request.
Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 – This gives local authorities the power to ask for details of people with an interest in land. The information must be returned within at least 14 days from the date the request is served.
Rights of Entry – enable officers to enter land to ascertain whether there has been any breach of planning control. It is an offence to wilfully obstruct a person exercising these powers on a local authority’s behalf. If access is denied in the first instance, a warrant to effect entry can be applied for from a serving Magistrate.
Planning Contravention Notice (PCN) – This notice requires people to give information about land or activities where a planning breach is suspected. You must reply within 21 days. Giving false or misleading information or failing to reply can lead to a fine if convicted. A PCN does not need to be recorded in the local authority’s enforcement register.

Failure to comply with formal notices will not automatically be the subject of prosecution. A decision to prosecute will be based on an assessment of:

Evidential test - is there sufficient evidence for a realistic prospect of conviction
Public Interest – is it in the public interest to prosecute?

Such assessment will have regard to The Human Rights Act 1998 and the Equality Act 2010.

Proactive monitoring

To keep confidence in the planning system, the public and operators need to see that all development is monitored fairly and effectively. Monitoring means making regular checks to ensure operators meet their obligations.

Monitoring permitted or authorised sites (those with planning permission) is vital to control development and prevent problems. A proactive approach helps officers spot breaches before they happen and act quickly to stop issues getting worse. This approach needs a structured monitoring plan, enough staff, and the right equipment.

The number of active sites in Staffordshire changes each year as new sites get planning permission and older sites finish aftercare, close, or move. In recent years, there have been about 300 active sites.

The scale of an operation at a site is not an accurate measure for allocating resources. Quite often smaller tipping and recycling facilities can give rise to more complaints and the need for more officer time in comparison with larger sites operated by national or international companies. The situation is however unpredictable as every site and location is unique.

The County Council will allocate resources to conduct regular monitoring visits to authorised sites as often as necessary to secure compliance with and monitor planning conditions and any associated section 106 legal agreements.

Consideration will be given to the following scenarios when determining the number of visits required:

the size and type of development
the number and complexity of conditions
the number of issues requiring monitoring
the stage of development e.g. more frequent visits required during initial site preparation to ensure compliance with site layout.
the progressive nature of working/restoration as sand and gravel sites may require more frequent visits than hard rock sites.
breaches of planning control observed/consistency of compliance.
complaints received about the site that have proven to be justified.

An outline programme of monitoring visits will be drawn up for the beginning of April each year to align with the County Council’s financial year. The programme will be adapted as necessary should the status of sites change throughout the year.

The Planning Regulation Team aims to inspect all authorised sites at least once each financial year, within service limits, with a target of visiting 75% of sites annually. Any site not visited in a year will be prioritised the next year, so every authorised site is visited at least once every two years.

Proactive monitoring is important, but complaints about breaches of planning rules and handling prosecutions or court cases will take priority over routine monitoring.

If breaches are found and not fixed by the operator, formal enforcement action will be considered. Having planning permission does not stop formal action if conditions are ignored. However, it is usually best to negotiate with the operator first to secure compliance.

Monitoring Fees

Monitoring fees increase over time in accordance with Regulations. From 01 April 2025, they will increase annually by the rate of inflation as measured by the Consumer Prices Index from the preceding September. The increase will be capped at 10% even if the inflation rate is higher. The fees will not be changed if there is negative inflation. The schedule of new fees will be published in advance of April each year from April 2025. Current fees for an active site are £504 and for an inactive site are £168.

The most recent schedule can be found at: Planning fees: annual indexation From 1 April.

After inspecting a chargeable site, the monitoring officer will prepare a full report and send it to the operator or landowner within two weeks. The report will list any breaches and give deadlines to fix them. An invoice will only be sent after the report has been issued.

Reports will also be written after proactive visits to non-chargeable waste sites. These reports will be kept in the site file with any other correspondence about issues at the site.

Planning regulation

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