ABSTRACT
Any legal system is dependent upon powers to enforce against those who may transgress, and the planning system is no exception. Parliament has always taken the view that a breach of planning control is not, in the first instance, an offence punishable by the courts. Instead, the power to take enforcement action is vested in local planning authorities which may require the owner or occupier to remedy the situation. Only in circumstances where the requirement of the enforcing authority is ignored may local authorities seek to prosecute the offender. Both actions, that is, enforcement and prosecution, are discretionary.
