Local Enforcement Plan for Minerals and Waste Developments in Staffordshire

Last updated: 30/04/2025

The Headlines

Introduction
Government Policy, Guidance and Legislation
The Purpose of Planning Enforcement
What is a Breach of Planning Control?
Enforcement Action is Discretionary
Identifying the Lead Authority
Determining the Appropriate Planning Authority
How to Report an Alleged Breach of Planning Control
What to Expect if You Report an Alleged Breach of Planning Control
Timescales for Investigation
What are the Possible Outcomes of an Investigation?
Proactive Monitoring

Introduction

Staffordshire County Council (SCC) is the Minerals and Waste Planning Authority for Staffordshire (except for those areas that fall under the control of the Peak District National Park Authority or the unitary authority of the City of Stoke-on-Trent).

Mineral and waste sites are not always perceived to be ‘good neighbours’ which is why the Council recognises the importance of having an effective planning regulation service to ensure that decision notices, issued by the Council’s Development Management Team, are proactively monitored and operators held to account. The Planning Regulation Team also investigates complaints relating to alleged breaches of planning control. 

The purpose of this revised Local Enforcement Plan is to set out what businesses and the public can expect from the Council in terms of how it monitors and enforces minerals and waste development. This regulatory function is necessary to protect and enhance our environment, to protect the interests of local people and their quality of life and to maintain the integrity of the planning system. 

This Local Enforcement Plan is a living document and will require ongoing updates in line with future changes to planning legislation, policy and guidance. 

Government policy, guidance and legislation

Government policy, guidance and legislation provide the framework for local authorities to pursue their planning function. Key documents include The Town and Country Planning Act 1990 (as amended), the National Planning Policy Framework (NPPF) and Planning Practice Guidance (PPG). The items below contextualise what county matters are and the reasons for having a local enforcement plan. 

The planning functions relating to minerals and waste matters are often referred to as “county matters” and are defined by Schedule 1 to The Town and Country Planning Act 1990 and the Town and Country Planning (Prescription of County Matters) (England) Regulations 2003.

Section 19 of The Waste (England and Wales) Regulation 2011 makes it a duty that where a planning authority has planning functions in relation to establishments or undertakings carrying on waste disposal or recovery of waste, the planning authority must ensure that appropriate periodic inspections of those establishments or undertakings are made. 

Paragraph 60 of The National Planning Policy Framework (NPPF) – 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. 

There are two elements covered within the plan, the first is the investigation and enforcement of breaches of planning control and the second relating to proactive monitoring of authorised sites (sites with the benefit of planning permission).

Staffordshire County Council is the strategic tier within a two-tier local government administration including 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

The district and borough councils are responsible for most other planning matters including housing and commercial development, agricultural determinations, untidy land, fly tipping and abandoned cars.

As well as minerals and waste applications, the Council is required to determine most of its own planning applications by virtue of Regulation 3 of the Town and Country Planning General Regulations 1992. These applications include road schemes, schools under the control of the County Council, household waste recycling centres and development on County Farms.

Should a breach of planning control occur in relation to the Council’s development, the Council is unable to take enforcement action against itself. Such breaches should never arise however if they do, the relevant district or borough council can technically initiate enforcement action against the Council should it not resolve the breach itself. 

The purpose of planning enforcement

The integrity of the planning system depends on the Council’s readiness to take enforcement action when appropriate.

Planning laws and policies are designed to control the development and use of land and buildings in the public’s interest. They are not meant to protect the private interests of one person or business against the activities of another.

The Council will investigate any alleged breaches of planning control and determine whether a breach, in fact has occurred, and if it has, determine the most appropriate course of action. The Council will exercise discretion to take enforcement action if it is considered expedient to do so.

All investigations will be carried out in accordance with the principles of good regulation in accordance with the Council’s Corporate Enforcement Policy. Officers will exercise their regulatory activities in a way that is proportionate, accountable, consistent, transparent and targeted.

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); or
• 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 criminal offences, and no immediate punishment can be imposed. However, the Council has powers under the Town and Country Planning Act 1990 to take formal enforcement action against certain breaches of planning control, and failure to comply with a formal notice is a criminal offence. The operator and/or landowner committing the breach would be liable to prosecution and a fine or possibly even imprisonment if a court injunction is breached.

Enforcement action is Discretionary

It is important to know that just because there may be a breach of planning control, this is not in itself sufficient reason to initiate formal enforcement action. Enforcement action is intended to be remedial rather than punitive and should always be proportionate with the breach of planning control to which it relates.

The Council must first conduct a thorough investigation and then decide having regard to the Development Plan and other material considerations whether it is expedient to take formal enforcement action. Expediency is a test of whether the unauthorised activities are causing harm to the environment or amenity of the area.

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

• The Minerals Local Plan for Staffordshire 2015 to 2030; and
• Staffordshire and Stoke-on-Trent Joint Waste Local Plan 2010 – 2026

These documents provide the principal policies that minerals and waste development is assessed against to decide whether it is appropriate in Staffordshire.

In addition to these, any relevant policies in the district and borough councils’ local plans and neighbourhood plans would need to be taken into consideration as well as this Local Enforcement Plan, the NPPF and PPG.

Formal action must accord with the Police and Criminal Evidence Act 1984 (P.A.C.E.), The Human Rights Act 1998 and The Equality Act 2010. These are to ensure that unlawful discrimination is eliminated, and all action is taken in a fair and consistent manner.

Formal enforcement action should be taken as a last resort and planning authorities are expected to give those responsible for a breach of planning control the opportunity to put matters right, or to seek to regularise the breach by submitting a retrospective planning application.

The Council’s planning enforcement service will always attempt to resolve any breaches of planning control amicably through negotiation and discussion prior to resorting to the use of enforcement action.

All records should be retained pertaining to the investigation including records of any informal action taken, and if a decision is made not to take further action, the reasons should be recorded as to why that outcome was reached.

Identifying the lead authority

There is often an overlap of enforcement of activities involving waste disposal and recycling between the County Council, the district and borough councils (Planning Enforcement and Environmental Health officers (EHO)) and the Environment Agency (EA).

Where unauthorised activity results in or has the potential to result in pollution, the EA will normally be the lead authority. Where activities involve a statutory nuisance, the District or Borough Council may be better placed to act. In all cases potentially involving the above bodies, discussions will take place to see which organisation is in the best position to lead the investigation and if necessary, take action. In cases where there is the potential for serious harm to human health, the Health and Safety Executive (HSE) and/or the UK Health Security Agency (UKHSA) may become involved.

Determining the appropriate planning authority

As previously stated, Staffordshire County Council is part of a two-tier local government administration. Section 286 of the 1990 Act allows enforcement notices to be validated even when the ‘wrong’ authority issues them. Where a single planning unit has a mixed use of district and county matter operations, the Council will liaise with the relevant district council to identify all the components of the mixed use including those which are lawful. This is to ensure that the description of the alleged breach is complete.

Once the mixed uses are identified and it becomes expedient to take enforcement action, it may fall to the district council to initiate. This does not preclude the Council from taking enforcement action in such cases and each scenario will be considered on its own merits. The most important item will be to ensure that the breach(es) have been accurately described, and that all the unauthorised uses have been identified in the enforcement notice.

How to report an alleged breach of planning control

When making a complaint about minerals and waste development, it is important that you provide as much information as possible so that your complaint can be categorised, allocated to an officer and dealt with as soon as possible. The type of information that would help us to deal with your complaint sooner 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.

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.

In order to make the best use of resources available, it is important to prioritise the complaints received in accordance with the seriousness of the alleged breach. On receipt of a complaint, it will be reviewed and prioritised in accordance with the categories below. Category A complaints will be prioritised over Category B and C complaints.

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.

It should be noted that the above time frames will be adhered to where possible however there may at times be other factors that come into play that may delay visits to the site. For example, it may be advisable to visit a site with Police accompaniment and with officers from other relevant organisations. Multi agency visits can sometimes take longer to arrange.

What are the Possible outcomes of an investigation?

No breach established – A site inspection might reveal that there is no breach of planning control. For example, any unauthorised use may have ceased, or development has taken place but it falls under permitted development legislation.

There is a breach of planning control, but it is not considered expedient to pursue – Planning enforcement is discretionary and for minor technical breaches it may not be considered expedient to pursue any further action. The breach may be the result of a genuine mistake and once pointed out, the owner or occupier takes immediate action to remedy the issue. Just because a breach of planning control may exist, it does not automatically mean that formal enforcement action will be taken. Not taking enforcement action can be the quickest and most cost-effective way of achieving a satisfactory and lasting remedy.

The development is lawful and immune from enforcement action – This can happen when a breach of planning control has occurred for over 10 years without any formal enforcement action being taken. The breach may never have been reported to the Planning Authority and if evidence is provided to demonstrate that the breach has occurred for this length of time, no formal enforcement action can be taken. In these circumstances, the landowner may wish to apply for a Certificate of Lawful Use.

Negotiations take place to find a solution – Planning enforcement is discretionary, and Government Policy and Guidance require planning authorities to try and resolve any breaches of planning in a pragmatic way through negotiation. It is only when negotiations break down that formal enforcement action should be considered. Officers will not allow negotiations to continue indefinitely when there is a need to make the development acceptable or where there is a requirement for a particular use to cease.

Invite a retrospective planning application - A retrospective planning application will be invited where there is a reasonable likelihood that planning permission may be granted because the development accords with local and national policy. The breach may be considered to be acceptable by way of the imposition of conditions. An enforcement warning notice could be used to specify by what date an application should be submitted before further enforcement action is considered.

If an operator or landowner submits a planning application that the County Council has requested, and the operator agrees with the Council to reduce any operations to an acceptable level during the period from when the application is submitted to when it is determined, formal enforcement action will not normally be considered expedient. Ongoing active progress with the application process will need to continue if enforcement action is to be avoided.

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) – requires an activity that is a breach of planning control to stop immediately for a period of not more than 56 days. During this time, further investigations will be carried out to determine whether further enforcement action is required. Noncompliance is an offence which may lead to prosecution and a fine.
   
• Enforcement Warning Notice – formalises the process for a local planning authority to invite a retrospective planning application. The notice will set out the matters that appear to be a breach of planning control and state that unless an application is submitted by a specified date, further enforcement action may be taken. A notice does not guarantee that planning permission will be granted and there is no right of appeal.
    
• Enforcement Notice – can be served only when the planning authority is satisfied that it appears to them that there has been a breach of planning control. The notice must state what the breach is and provide steps to be taken to cease and remedy the breach. The notice does not come into effect until at least 28 days after its date of issue and an appeal can be lodged before the notice comes into effect. Any appeal would suspend the notice until the outcome of the appeal is known.
    
• Stop Notice – prohibits any, or all the activities which comprise the alleged breach(es) of planning control in the related enforcement notice prior to the enforcement notice coming into effect. Such a notice can only be served with an enforcement notice. There is no right of appeal, and the Council may need to pay compensation if the associated enforcement notice, on appeal, is quashed on legal or planning grounds. Non-compliance is an offence which carries a fine.
    
• Default Powers – enables local authorities to enter land subject to an enforcement notice to carry out the requirements of an enforcement notice themselves. These powers can only be used if there is a breach of planning control and the enforcement notice isn’t complied with. The cost would be charged back to the landowner but would initially need to be covered by the Council. Default action will usually only be considered when it is unlikely the landowner or occupier would 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 – to restrain a breach of planning control. An injunction is a court order requiring the defendant to either refrain from doing a specific act or requiring the defendant to carry out a specific act and is therefore used to prevent or stop harmful activity or force remedial measures to be carried out. Failure to comply with an injunction can lead to a person being committed to prison for contempt of court. Pursuing an injunction is a last resort if other formal enforcement options have been or would be ineffective.

In addition to the above, lesser used forms of enforcement include completion notices, discontinuance notices and revocation of planning permission. These all require confirmation by the Secretary of State and so can be lengthy processes and the local authority maybe liable to pay compensation in the cases of discontinuance notices and revocation of planning 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 County Planning Act 1990 (as amended) provides Local Authorities with the power to require information as to who has interests in the land. Information should be returned within 21 days of the request. 
    
• Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 also provides local authorities with the power to obtain particulars of persons interested in land. Information can be requested to be returned in not less than 14 days from the date of service.
    
• 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) – enables the service of a notice requiring persons to provide information in relation to the land or activities on the land where the alleged breach of planning is suspected. Failure not to reply to the notice within 21 days or supplying false or misleading information could lead to a fine upon conviction. There is no requirement to enter a PCN 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; and
• 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 ensure confidence in the planning system it is essential that the public and operators are conscious of a fair and effective system of monitoring all authorised and unauthorised development. Monitoring means regular checks to make sure operators are meeting their obligations.

Monitoring of permitted or authorised sites (those with the benefit of planning permission) is an essential tool of controlling development and preventing problems from developing. It is this ‘proactive’ approach that often enables officers to anticipate breaches of planning control arising before they occur. It enables them to take immediate action to ensure that a deterioration in the situation does not arise. A ‘proactive’ approach can only be pursued with a structured monitoring regime, with sufficient staff and the technical equipment to perform these duties.

The number of operational or active sites in Staffordshire varies from year to year as new sites are granted planning permission and some of the older sites may have completed their aftercare or have simply closed and/or relocated. In the last few years, the number of active sites has fluctuated around 300.

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.

To allow for multiple visits to those that require more attention, the Planning Regulation Team aims to inspect all authorised sites at least once per financial year within the constraints of the service with a target that at least 75% of all sites shall meet the target annually. Any site not visited within any financial year will be prioritised for a visit in the following financial year meaning that all authorised sites will have received at least one visit in every two years.

Proactive monitoring is essential however complaints in relation to alleged breaches of planning control and dealing with prosecutions and other court proceedings will take priority over the proactive monitoring of sites.

Where breaches of planning control are identified and not remedied by the operator, formal enforcement action will be considered. The existence of a planning permission does not prevent formal action being taken if conditions are not complied with, though negotiation with an operator is usually beneficial in the first instance to secure compliance

Monitoring Fees

Since 06 April 2006, local authorities have been able to charge for their monitoring visits to authorised mineral extraction and/or waste landfill sites for the reimbursement of the average costs calculated over all Mineral and Waste Planning Authorities providing a monitoring service. The fees have increased over time in accordance with Regulations and 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

Following an inspection of a chargeable site, a comprehensive report will be prepared by the monitoring officer and copied to the operator/landowner as appropriate within two weeks of the inspection taking place. The report will detail any breaches identified and specify timescales for bringing the site back into compliance. An invoice will only be sent to the operator after the report has been sent to the company.

Site visit reports will also be prepared following proactive visits to nonchargeable waste sites however they will be kept in the site file along with any other correspondence addressing issues at the site.