Unlawful developments are being left permanently in place across England because under-resourced councils are running out of time to act, a new report from the Local Government and Social Care Ombudsman reveals today.

‘Losing control: complaints about planning enforcement’, highlights how significant delay by councils is increasing and, in some cases, statutory time limits have passed before councils could act, leaving communities with no legal remedy and developments that breach planning rules standing indefinitely.

Planning enforcement investigations have become a much greater proportion of the Ombudsman's planning work, last year making up nearly half (47%) of all upheld planning and development cases (up from 26% in 2021-22).

The report provides many learning points for councils based on common issues the Ombudsman finds, including:

• Cases where enforcement action has drifted for years without resolution
• Poor communication between planning departments and legal teams causing missed deadlines
• Inadequate processes to manage staff turnover, leading to repeated work and lost evidence
• Councils losing the power to protect Areas of Outstanding Natural Beauty and enforce planning conditions

The report echoes findings from a Royal Town Planning Institute survey, which found 80% of planning enforcement officers said there were not enough staff to carry out the workload, 89% reported case backlogs, and 73% said their authority had struggled to recruit.

Local Government and Social Care Ombudsman, Mrs Amerdeep Clarke, said:

"If people lose faith that planning rules will be enforced, they stop raising concerns. We risk a two-tier system: those who follow the law play by the rules, while those who flout them face no real consequences.

"We recognise and welcome Government plans to improve the planning system and boost the nation's economy through increased development. But development without enforcement is a recipe for planning chaos. Without proper resourcing, public trust in the entire system will collapse.

"We also appreciate the immense pressure planning teams are under, and it's encouraging to see so many welcome our findings as evidence to support investment in their services. The case studies we've highlighted show that, with the right resources, teams can make significant improvements that benefit both staff and the communities they serve."

Simon Creer, Director of Communications and External Relations at the Royal Town Planning Institute, 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’.

“If we want to build at scale and meet the government’s ambitious housing targets, we’ll need to make sure there are sufficient enforcement officers in place to ensure the planning system can effectively support delivery and uphold policy standards.”

The report includes questions for councillors and heads of service to help scrutinise their local planning enforcement services and highlights constructive responses from authorities that have committed to recruiting additional staff and improving procedures.

Article date: 17 February 2026