Issue details

Delegation of planning enforcement to Gloucestershire County Council

 

 

Delegation of Planning Enforcement to Gloucestershire County Council in respect of:

1.     Golden Valley Development (northern Parcel) planning application 23/01874/OUT, and

2.     Monkscroft planning application 25/00837/FUL

 

Decision type: Non-key

Decision status: For Determination

Notice of proposed decision first published: 18/06/2026

Decision due: 20 Jul 2026 by Council

Lead member: Cabinet Member Planning and Building Control

Contact: Tracey Birkinshaw, Director of Planning and Building Control Email: [email protected].

Consultation process

A local planning authority generally cannot enforce against itself due to a combination of legal, procedural, and constitutional principles. Enforcement powers are designed to be exercised against third parties, not the authority itself. Consequently, a request was made to Gloucestershire County Council by Cheltenham Borough Council to discharge these duties as appropriate in line with provisions of the Local Government Acts 1972 and 2000.

The purpose of the report is therefore to seek formal approval for the delegation of planning enforcement powers to Gloucestershire County Council enabling them to act on behalf of Cheltenham Borough Council in relation to land owned by this authority to support the delivery of the development of Golden Valley Development (northern parcel) and Monkscroft.

This report is being presented to Council to ensure the Local Planning Authority can deliver its statutory functions effectively in respect of land in the Borough Council’s ownership.

 

Consultees

Engagement with Team Manager Planning Development. Management and Minerals & Waste, Gloucestershire County Council

 

OneLegal and the Monitoring Officer will be consulted in drafting the report. 

Agenda items