Enforcement: Report a planning breach
Enforcement: Report a planning breach
Building work that does not have the right permission is called a planning breach. A breach is also work that does not follow conditions that were set when planning permission was granted.
- Many reports we receive are about works that are authorised - and no action is required by us
- This is usually because the work does not need planning permission - due to getting permission through 'permitted development rights'
- You can search our planning applications to find out if the work does have planning permission
- building an extension or making changes without planning permission, including putting up outbuildings or fences (some work like this need planning permission)
- changing the use of a property or land without planning permission (some work like this does not need planning permission)
- not following approved planning permission
- working on trees without planning permission
- working on a listed building without consent
- putting up adverts without consent
- bringing waste onto land, storing and sorting waste (excluding fly-tipping), or tipping waste above approved levels
- party wall disputes and boundary issues should be referred to the civil courts
- noise and smells should be referred to Environmental Health (020 8359 7997 or 020 8359 2000 for out of hours noise problems)
- damage to the public highway should be referred to the Highways department (020 8359 7995)
- fly tipping should be referred to the Priority Intervention Team (020 8359 7485)
- concerns about Dangerous Structures should be referred to Building Control (020 8359 4500)
After you've reported a breach
Planning law can be a complicated and lengthy process. It is not unusual for a number of weeks to pass before a complete response can be provided. Only in very exceptional circumstances can the council stop work being undertaken.
Our investigations into alleged breaches of planning control may include:
- site inspections
- detailed site history checks
- land registry services
- liaison with other agencies
- seeking additional legal advice
What is considered before we make a decision on the action to be taken
Once it has been established that a breach of planning control has taken place, the council must assess the extent of the breach before deciding on the action to be taken.
What formal enforcement action involves
This usually involved serving an Enforcement Notice, which requires certain steps to be taken within a specified period. The Notice can only require a return to the lawful position and specify conditions which are designed to remove the elements of harm.
There is a right of appeal against the notice, when an appeal is made the effect of the Notice is suspended until the appeal is determined. If no appeal is made or the Notice is upheld, prosecution can take place if the terms of the Notice are not complied with.
Options available to us
Where the development causes little or no harm the council may take no further action.
Many unauthorised developments can be resolved by negotiation. Often this proves to be the quickest and most effective method.
Where a development could be adequately controlled, the council may suggest the submission of a retrospective planning application. If necessary, conditions can be applied if the application is approved.
Where the matter cannot be resolved, the council may take formal enforcement action.
Cases which take priority
- Alleged damage to a listed building or a tree protected by a Tree Preservation Order (once damage occurs it can often be irreversible)
- Alleged unauthorised works that are taking place at the time of the complaint and involve significant public harm
- Alleged breached that have an impact on more than any immediate neighbours
- Other alleged breaches will be allocated priority according to the nature and impact of the works
Our service commitment
We aim to:
- Deal with all enquiries in a courteous, confidential and efficient manner
- Acknowledge written requests within 5 working days
- Carry out an initial site inspection according to the priority
- Keep complainants informed at key stages of the process
- Resolve 70% of cases within 8 weeks
- Notify all parties when the investigation is completed