Planning Enforcement

My neighbour is carrying out building works / activities without planning permission – what can I do?

The Borough Council has a duty to investigate complaints about development that may have been carried out without planning permission. Unauthorised development could involve the erection of buildings, changing the use of a building or the failure to comply with conditions attached to a planning permission.

Treatment Of Complaints:

The Borough Council will only investigate complaints that are relevant to breaches of planning control:

Where non-planning complaints are received the complainant will be advised of the appropriate course of action to take.

Complaints about alleged unauthorised building, engineering or other operations:

Complaints about unauthorised building works will be accepted verbally or in writing. Where a complainant is unwilling to be identified the complaint will nevertheless be investigated. In all cases sufficient information must be provided to enable the alleged breach to be readily identified.

Complaints about alleged unauthorised use of land or buildings:

Complaints about uses of land or buildings will only be accepted where the complainant is willing to be identified. Such complaints should preferably be in writing and in all cases sufficient information must be provided to enable the alleged breach to be readily identified.

Where a complainant is unwilling to be identified he/she will be advised to refer the matter to a member of the Council, preferably a relevant Ward Member. In such case the complainant will be provided the names of their ward members, and will be advised of the need to provide sufficient information as mentioned above.

How you can help:

The Borough Council needs as much help from members of the public as possible when dealing with complaints, such as:

Full and accurate information will help the Borough Council to investigate the problem more efficiently and quickly.

Confidentiality:

In all cases the Borough Council will treat the complaint in confidence as far as is possible. On receipt of any complaint, complainants will be advised that should the matter ultimately proceed to appeal or to court the Borough Council will be obliged to reveal the name of the complainant and the nature of the complaints. Otherwise, unless expressly authorised, the name of the complainant will no be revealed.

Where a complaint is referred to a member of the Council, then the member’s involvement will be acknowledged.

If you wish to make a complaint, correspondence details can be found on the Contact Us page.

Action Taken:

Where development is carried out without planning permission, but is nevertheless acceptable:

The Borough Council will pursue the submission of a retrospective planning application, which may be granted either unconditionally or subject to appropriate conditions.

If an application for planning permission is not submitted, but the development is acceptable without the need for conditions than the offender will be advised that whilst no formal action will be taken the development remains unauthorised and may be liable to future action.

If an application is not submitted and the development is only acceptable subject to conditions than the Borough Council will issue a conditional Enforcement Notice.

Where development is carried out without permission and is unacceptable:

The Borough Council will inform the owner or occupier of this fact and will try to negotiate an acceptable solution. This may involve cessation of an operation or activity or a reduction of the activity to an acceptable level.

Where negotiations are not successful the Borough Council will instigate formal enforcement action by the issue of an Enforcement Notice. Where an Enforcement Notice is not complied with the Borough Council will normally pursue the matter and the offender can be taken to court and prosecuted.

Where development is carried out and immediate remedial action is required:

The Borough Council will take vigorous enforcement action (including, if appropriate, the serving of a stop notice), to remedy the breach urgently or to prevent further serious harm to public amenity.

Where development is carried out in contravention of a planning condition:

The Borough Council will seek to negotiate for compliance. Where such negotiations are unsuccessful the Borough Council may serve a Breach of Condition Notice, which will require compliance with the condition.

Where a Breach of Condition Notice is not complied with the Council may pursue the matter and the offender can be taken to court and prosecuted.

Use of Injunctive Proceedings:

Very exceptionally the Borough Council may consider it necessary to take out an injunction to prevent an actual or perceived breach of planning control.