The departure point for this investigation is to highlight the centrality of regulation theory as a praxis in planning enforcement. The value of the conceptual framework is demonstrated by application in the problematic arena of conservation regulatory compliance, where there is currently a dearth of investigation. It is evidenced that this thematic approach provides a lens to scrutinise problematic areas of control and provides a deeper understanding of the difficulties faced by planning enforcement operational practice generally and heritage regimes specifically. The utility of the proposed mechanism is that it remedies the current, well documented, pitfalls of disjointed, piecemeal strategies by providing a framework for robust, coherent decision making not only in planning but in the wider regulatory arena. 1. Introduction The legitimacy of the planning system is dependent upon the efficacious implementation of the planning trinity, which comprises forward planning, development management, and enforcement [1]. In this context, enforcement has been repeatedly criticised as being the weakest link in the planning process [2–5]. Specifically, there is a dearth in appreciation of the serious problems which pervade the regulatory planning system. The departure point for this investigation is, therefore, to develop a theoretical framework which can be applied to develop a deeper understanding of inherent problems which underpin operational practice. The investigation draws upon a raft of concepts to develop a lens which cannot only be applied to identify and scrutinise those matters which are most likely to contribute to solving this complex equation, but may be of value in the wider regulatory arena. Nowhere has planning enforcement been more maligned than in cases where significant breaches of control relate to conservation matters [6]; and, driven by Prior’s assertion that “lessons from practice alone risk missing the mark” [3, page 64], the paper will not only examine the legislative and policy mechanisms which are used both as a deterrent and to remedy of breaches relating to conservation, but also it will analyse the structural factors which provide the cornerstone for the regulatory framework. In the first instance, the impetus for the investigation is established which subsequently facilitates a discussion on conservation regulatory mechanisms. Attention then turns to an exploration of the evolving theoretical framework within which regulatory control operates, particularly emerging thinking in fields such as risk-based and really responsive
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