Planning Enforcement

When an alleged breach of planning control is reported or suspected, an enforcement officer will visit the property concerned and gather information to establish the facts.

Where a breach is established, the person responsible for the breach will be informed of what is wrong and what action should be taken to correct it.

Reporting a suspected breach

Sources of complaints about alleged breaches of planning control are treated in confidence. 

If you want to report to us a suspected breach of planning control, please use the online form linked below.

• Report a suspected breach of planning control

If you email comments to us on planning applications you must include your name and address.  This will enable us to see how close to a development proposal you are and assess the possible impact on you.

Breaches of Planning Control

Any of the following may constitute a breach of planning control:-

• Building work, engineering work, change of use of land or buildings, other than development, which has planning permission or does not require it.
• Development carried out for which planning permission has been approved but is not progressing in accordance with the approved details.
• Failure to comply with a condition imposed on a planning permission.
• The display of an advertisement for which consent has not been granted either on application or by planning legislation.
• Demolition of or alterations to a Listed Building without consent.
• Work to protected trees or hedgerows without consent.
• Demolition work in a Conservation Area.
• Failure to properly maintain land so that it adversely affects the amenity of an area.
• Failure to comply with the terms of a Section 106 Agreement.

Enforcement Policy

Government Planning Policy Guidance Note No: 18 "Enforcing Planning Control" sets out advice on how to deal with breaches of planning control. In dealing with breaches there is a need to strike a balance between protecting the environment and neighbours and enabling acceptable development to take place, even though it may initially have been unauthorised. Each case will be judged on its individual merits.

A breach may be minor and acceptable in planning terms and therefore no enforcement action would be taken. For significant breaches, a retrospective planning application may be sought which would then go through the normal consultation and decision process. Officers will often negotiate to achieve an acceptable solution, though if the breach is causing unacceptable harm enforcement action will be taken.

The Service

Advice will be put clearly and simply and will be confirmed in writing, on request, explaining why any remedial work is necessary and over what time-scale.

Before formal enforcement action is taken, we will provide an opportunity to discuss the circumstances of the case and if possible, resolve points of difference unless immediate action is required (for example, in the interests of environmental protection or to save a listed building).

Where immediate action is considered necessary, an explanation of why such action was required will be given at the time and confirmed in writing within 5 working days and, in all cases, within 10 working days.

Where there are rights of appeal against formal action, advice of the appeal mechanism will be clearly set out in writing at the time the action is taken (this advice will be issued with the enforcement notice).

Complainants will be kept informed of the progress of the case.  We visit all sites, which are the subject of complaint.  We will ensure confidentiality, although if the nature of your enquiry is such that confidentiality is not possible you will be informed beforehand.  You will be told the name and telephone number of the enforcement officer dealing with your case.

On average, 400 complaints are received annually and formal notices are served on those breaching planning control when it is deemed to be necessary.

The council does not condone development carried out in advance of obtaining planning permission. Retrospective planning applications will be considered on their individual merits. The fact that development has commenced or is completed does not imply that the council will approve the application.  It may refuse the application and take the necessary enforcement action if the planning merits of the case warrant such a decision. Please note that we do not deal with land ownership or boundary disputes.