Planning enforcement: reporting a potential planning breach

Report a breach online

Submitting personal details and confidentiality

Any details submitted to the council in relation to an enforcement complaint will be treated in the strictest confidence. The council will not reveal the identity of the complaints to an owner or responsible party(s).

The information submitted to the council forming part of a complaint is considered to be personal data, which is therefore exempt from the provisions of the Freedom of Information Act 2000 (As Amended) and does not have to be disclosed by the council. The only details which are revealed are the nature of the complaint made (for example: 'wall built without planning permission').

However, enforcement complaints may be the subject of a Freedom of Information request or if a request is made for all personal data we hold about a person under the Data Protection Act. If such a request is made we will have to consider the matter for release. 

In addition, sometimes complainants may be asked to provide evidence to assist further with the matter or for any legal proceedings of the investigation.
 

Anonymous complaints

The council will not investigate anonymous complaints (unless the issue is considered to give rise to a serious planning harm). It is important that officers are able to understand the complaint, identify the harm and make a fair assessment. We also need to prevent malicious and vexatious complaints.

After you've submitted a complaint

We prioritise each case based on the nature of the issue according to our planning enforcement priorities. We aim to visit the site within the prescribed times scales. Once the facts of the case have been established we will provide you with an update on our findings as soon as possible.

You can find out more on our 'our response to breaches of planning control' page.
 

How long does an investigation take

Enforcement cases can be a lengthy and very complicated process. The different types of enforcement cases vary considerably in complexity, as does the time taken for their resolution. The timescale for completion is also dependant on the volume of enquiries submitted to the council and the officer resource available.

Property owners also have the right to appeal against formal enforcement action which, if done, will add to the time taken to resolve the case. The Enforcement Officer will keep you updated of any significant progress made with the case as and when appropriate.

If you think your neighbour doesn't have planning permission

Stopping building work

The council does not have the power under the planning legislation to stop building work in most cases, including unauthorised development at a residential property (for example: the construction of a garage, conservatory or outbuilding). The exception to this is unauthorised works to a Listed Building where there is the power to serve a notice requiring that unauthorised development is stopped or where serious planning harm is being caused.
 

Is building an extension/garage/conservatory without planning permission a criminal offence?

No. However, if a building is listed, it is a criminal offence to carry out works that extend, alter and/or demolish any part of the building without first obtaining consent from the council.

If an enforcement notice is served, requiring for example the removal of an unauthorised development, it is a criminal offence to fail to comply with the requirements of the notice in the time given. It should be noted that the offender has the right of appeal against such a notice.

If you're not sure if your neighbour needs planning permission

Parking a caravan/motorhome on a property/driveway

Planning permission is not required for the parking of a caravan/motorhome within the curtilage (garden area) of a domestic property for the use by a family member or friend to use a caravan/motorhome as living accommodation additional to the main dwelling.

Restrictions on matters of this nature are often written into the deeds of a property, but this is not something that the council has any powers of enforcement over. A civil action would have to be taken in cases such as these.
 

Changing or adding windows or roof lights

In many cases, with the exception of the installation of a new window opening at first floor level in a side elevation, planning permission is not required to replace the windows, to add new windows or install roof lights in a residential property, even if the property falls within a Conservation Area.

However, if a property is listed, Listed Building Consent would be required. Planning permission may also be required. In some cases, permitted development rights, which allow people to insert new windows/roof lights, may have been removed. In that case, you would need to apply for planning permission.

It is always advisable to check with the planning department before you carry out such work.
 

Using a room in a house as an office

A property owner can usually use a room in their property as a home office without needing to apply for planning permission.

The Planning Department cannot become involved in and has no power to take action regarding matters relating to the content of your deeds. If a neighbour has done something which you think is prohibited or restricted by the deeds, you should seek legal advice from a solicitor/legal advisor.

Boundary disputes

The planning department cannot become involved in matters relating to boundary disputes or allegations of trespass onto your property. If an extension is constructed on a neighbour's property that you believe is partly built on your land, you should seek legal advice from a solicitor/legal advisor.

Similarly, if a neighbour has erected scaffolding on your property to enable them to construct an extension, the planning department does not have any power to take action.

Roads and right of access

If your neighbour is causing an obstruction of the highway, you should contact the police. In some circumstances, the council's highways department may be able to investigate and instigate action under highways legislation.

The planning department cannot become involved in, and has no power to take action on, matters relating to access rights. If a neighbour has fenced off part of their garden or a shared private drive over which you believe you have a right of access, you should seek legal advice from a solicitor/legal advisor.

Similarly, if your neighbour constructs a fence or wall over a public footpath or a public right of way, the planning department does not have the power to take any action. The council's highways department may be able to investigate development that appears to encroach onto a public footpath. The countryside and rights of way department may be able to look into any alleged obstruction of a Public Right of Way.

The planning department can only investigate an alleged unauthorised boundary wall or fence if it exceeds permitted development height restrictions. You can find further information about permitted development rights here.

If you have received a planning enforcement letter/notice

If you've got building regulations approval but not planning permission

Building Control can grant building regulations approval for a development if it complies with building regulations. This is not a granting of Planning Permission.

Building regulations and planning permission are entirely separate matters and are governed by completely different legislation. In many cases planning permission will also be required and would need to be applied for separately.
 

Demolishing and replacing an extension

If you demolish anything, such as an extension, garage, outbuilding, wall, or fence, and replace it with something identical, you may still require planning permission. Whether or not you need planning permission will depend on a number of factors. The fact that something similar or identical existed before is not a relevant factor in determining whether or not planning permission is required.
 

Retrospective planning

If you have received a letter from planning enforcement giving you the option to submit a retrospective planning application, you will need to submit different forms depending on what you are proposing to do - often either a Householder or Full application.

You can find further information on our planning application process and planning application forms pages.
 

Enforcement notices

If you are issued with an enforcement notice, you will be given:

• the details of the breach
• the reason for the action
• the steps required to overcome the problem
• the time period for compliance

The notice will remain 'registered' against the land/property and not the person upon whom it is served.