Expediency

websitebuilder-hub • 16 September 2019

So what does ‘expedient’ actually mean?

As enforcement officers we have all used the term ‘expediency’ when assessing whether or not to take formal action against a breach of planning control. The term expediency is used within Section 172(1) of the Act which sets out that a local planning authority may issue an enforcement notice where it appears to them:
    1. that there has been a breach of planning control; and
    2. that it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.
So what does ‘expedient’ actually mean? Are you able to explain the term without looking it up? No, me neither! Once you have looked up what it means, continue reading…..

The matter of expediency has recently come into focus through Birmingham MP Steve McCabe who has brought forward to the House of Commons the Protection of Family Homes (Enforcement & Permitted Development) Bill. The first reading of the Bill, which has cross party support, can be seen here (http://parliamentlive.tv/event/index/744602c3-74fd-40d2-a353-19510c434146?in=12:41:55). 

The main aims of this Bill will:

  • Require the DCLG to produce clearer guidance for Planning Authorities on when enforcement action should be taken, and local authorities will need to produce an enforcement plan.
  • Introduce a right of appeal when a planning authority decides it is not ‘expedient’ to take enforcement action
  • The Bill will also set out the requirement for extensions built under permitted development to be independently checked against building regulations to ensure they are safe to live in
  • Introduce new powers for planning authorities to fine developers who breach planning law as a deterrent when enforcement action is not considered ‘expedient’.
Whilst any debate around the topic of planning enforcement is always welcome, I am not convinced that the content of the Bill will in any way aid enforcement officers in their day to day work, in fact it may even prove to be a hindrance, especially with the proposed right to appeal a decision not to take action. I am also slightly puzzled as to how a local authority would fine a developer when it is not considered expedient to take enforcement action given that it a well-established principle that enforcement action should be remedial rather than punitive.

With that in mind the government does seem to now be taking a harder line on planning enforcement with the introduction of the planning enforcement fund for planning injunctions and the recently announced £5m pot to tackle the continuing problem of beds in sheds.

The second reading of the Bill is scheduled for 26th January 2016. It will be interesting to see how these proposals progress and whether this is the beginning of a shift in policy towards enforcement action being punitive rather than just remedial in certain cases.

Article written by:
Neill Whittaker

by Roderick Morton 10 July 2026
The King oao UK Land and Homes Limited and Walsall MBC [2026] EWHC 1719
by Roderick Morton 4 June 2026
Sentinel Estates Ltd v SSHCLG and Brent [2026] EWHC 1122 (Admin)
by Roderick Morton 27 March 2026
Titchfield Festival Theatre v SSHCLG and Fareham BC [2026] EWCA Civ 36
by Roderick Morton 26 September 2025
R v Williams and Cyngor Gwynedd [2025/ EWHC 2395 (Admin)
by Roderick Morton 14 August 2025
Singhal UK Ltd v SSLUHC and Hounslow LBC [2025] EWHC 1967 (Admin)
by Roderick Morton 24 July 2025
Nicastro v The Information Commissioner [2025] UKFTT 00706 (GRC)
by Roderick Morton 25 April 2025
Titchfield Festival Theatre v SSHCLG and Fareham BC [2025] EWHC 883 (Admin)
by Roderick Morton 13 February 2025
Paton v SSLUHC and Maldon DC [2025] EWHC 245 (Admin)
by Roderick Morton 25 November 2024
Amber Valley BC v Haytop Country Park Ltd [2024] UKUT 237 (LC)
by Roderick Morton 17 October 2024
Jones vs Isle of Anglesey County Council and Another [2024][ EWHC 2582] (Admin)
by Izindi Visagie 11 October 2024
originally written for Scottish Planner
by Roderick Morton 19 September 2024
Warwick DC v SSLUGC and others [2022] EWHC 2145 (Admin)
by Roderick Morton 27 August 2024
LB Richmond upon Thames v the King oao Owolabi Ariyo [2024] EXCA Civ 960
by Roderick Morton 23 July 2024
LB Lambeth v SSLUHC [2024] EWHC 1391
by Roderick Morton 6 June 2024
LB Barking and Dagenham v Zannat Ara Aziz [2024] EWHC 1212 (Admin)
by Roderick Morton 16 May 2024
Caldwell and Timberstore v SSLUHC [2024] EWCA Civ 467
by Roderick Morton 26 April 2024
Ward v SSLUHC and Basildon District Council [2024] EWHC 676 (Admin)
by Roderick Morton 22 March 2024
R oao Lisle-Mainwaring v RB Kensington and Chelsea and another
by Roderick Morton 13 February 2024
Southwood v Buckinghamshire Council [2024] EWHC 71 (Admin)
by Roderick Morton 30 January 2024
s172ZA TCPA 1990
by Roderick Morton 26 October 2023
Ariyo v Richmond Upon Thames LBC [2023] EWHC 2278
Just what is the “streetscene” and the “character and appearance of an area”?
by Roderick Morton 28 September 2023
Kazalbash v SSLUHC and Hillingdon [2023] EWCA Civ 904
by Roderick Morton 7 August 2023
Removal of facilitating development
by Roderick Morton 19 July 2023
Pathfield Estates Ltd v LB Haringey [2023] EWHC 1790 (Admin)