When will direct action be taken?
3.1 Before deciding whether Direct Action should be taken an assessment will be undertaken as to the appropriateness and viability of taking such action.
3.2 Each case will be considered on its merits, having regard to the facts and circumstances of the case. Direct Action will be taken in circumstances where the Council considers it to be a necessary and proportionate response to the harm caused by the breach of planning control and where the Council is satisfied that taking Direct Action will not have a disproportionate impact upon affected individuals or communities. The main considerations in these assessments include the following:
- The level of harm caused by the breach of planning control and its impact on surrounding occupiers and communities;
- The personal circumstances of any persons likely to be affected by taking Direct Action;
- Whether Council's homelessness duties to persons affected by taking Direct Action are engaged;
- An assessment of the overall cost of taking Direct Action and the prospects of recovering costs incurred;
- Any risks to the health and safety of Council employees, contractors, the owner or occupier(s) of the property and/or any other party that may be affected by undertaking Direct Action;
- Any other considerations including the Council's reputation, or its current priorities with regards to its authority to take Direct Action.
3.3 Direct action may be taken either in isolation of or in conjunction with other legal action.
3.4 In the event that requests to take such action are expressly made by elected Borough Councillors, the same process and procedures will be followed and a detailed evaluation will take place accordingly.