Planning enforcement
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Reporting a possible breach of planning control
The council's planning enforcement team investigates alleged breaches of planning control.
You can report an alleged breach of planning control by contacting us on the telephone numbers shown on this page or by using the e-services link.
Please note that we will not normally deal with anonymous requests, but will keep your details confidential (unless we are legally required to provide them in response to a Police or Inland Revenue investigation, for example).
We will normally update you within 15 working days of receiving your request.
What actions can the council take?
Once we have investigated an alleged breach of planning control there are a number of options available. We could decide to:
- Take no action, because there has been no breach of planning control
- Ask for a retrospective planning application to be submitted
- Try to negotiate a solution - perhaps relocation of an unauthorised business use or an amended design in respect of unauthorised building works
- Consider serving an enforcement notice and/or serving a breach of condition notice
- Consider serving a stop notice to stop the activity immediately where extreme harm is being caused to the amenity
- Consider seeking an injunction
It should be noted that the council's formal planning enforcement powers are purely discretionary and, for this reason, can only be used where there is a very clear public interest in doing so.
It is therefore usually inappropriate for us to take formal enforcement action against very minor or trivial breaches of control where these do not have any significant impacts to public amenity. Also, we should not take formal enforcement action simply because someone has not obtained, or refuses to obtain, planning permission for a development where we consider that development would be likely to be given planning permission, if an application were to be made.
How long does enforcement action take?
Dealing with enforcement cases can be a lengthy and complex process. This means that it is not possible to give a specific timescale for taking action, where this is considered necessary.
When the council issues a formal planning enforcement notice, there is a right of appeal and this has the effect of suspending action until the appeal has been decided.
If someone does not comply with any of the requirements of a valid legal notice within the compliance period, it is a criminal offence and they can be prosecuted.
Despite the potentially lengthy processes involved, we aim to keep you informed of progress and let you know the outcome. You can of course, contact the case officer dealing with your complaint at any time and discuss the matter confidentially.
If I'm still not satisfied, what else can I do?
If you are not happy with the way in which your planning enforcement complaint was dealt with, the council has a formal complaints procedure.
Find out more about complaints.