Planning Permission and Applications

The Enforcement of Planning and Building Control-How it may affect you

The Role of the Council
As the Local Planning Authority and Building Control Authority, the Council has the responsibility for dealing with breaches of planning and building control. In most cases therefore, the decision whether to take formal enforcement action rests with the Council. However, the Council does not always have to take action and the decision will depend very much upon the particular circumstances of each case. It is not the Local Planning or Building Control Authority's role to resolve neighbour disputes.

The carrying out of work, or changing the use of buildings, without first obtaining planning permission (where necessary) is not in itself an offence. Under planning legislation it only becomes an offence after the Council have issued and served the appropriate Notice, and those responsible do not take the necessary actions to remedy the situation, either by removing or modifying the unauthorised works, or by stopping the unauthorised activity in accordance with the requirements of any Notice issued.

Under building control legislation however, failure to comply with certain Building Regulations is an offence and can be subject to immediate enforcement action.

For both planning and building control there is a statutory right to submit a retrospective application in order for the matter to be properly considered by the Local Authority or to determine whether or not the unauthorised development can be modified in order to make it acceptable.

For planning related matters there is a statutory right of appeal to the First Secretary of State (the Deputy Prime Minister) if any application is refused. All appeals are dealt with by an independent Inspector from the Government's Planning Inspectorate.

For building regulations related matters there is also a right to apply to the Secretary of State for a determination if there is some question as to whether the works are in conformance with the regulations.

Where it is considered that serious harm is being caused, or where a person's health or safety is compromised, the Council can and will in most cases serve a relevant Enforcement Notice. Again however, it should be noted that there is a statutory right of appeal as described above.

Where the source of complaint is known, it is the Council's aim to let the complainant know in writing, within 15 working days of the complaint being received, what action can or cannot be taken, or whether further investigations are required. Each case will be individually assessed to determine what harm is being caused. This will enable the Council to decide the priority it should be given.

Enforcement Index

What are the Council's Planning and Building Control Enforcement priorities?
The Council receives in excess of 200 complaints each year in respect of planning and building control matters. As there are obvious costs associated with investigating a complaint (e.g. staff time, site surveillance, legal action, etc...), the Council has to give priority to those cases where it considers that the greatest harm is being caused. It is to be appreciated that actions which give cause for concern and subsequently lead to complaints, will affect someone in some way, however small. Planning and Building Control therefore, have agreed the following priorities for action:

Unauthorised works to any building which adversely affects the health, safety, or welfare of people in or around the building or excessive loss of amenity;
Dangerous buildings;
Retrospective applications for planning permission that have been refused;
Work which may result in irreversible damage;
Development contrary to a decision of the Council;
Unacceptable development in danger of becoming immune from formal planning enforcement action;
Unacceptable development within an area of special control;
Unacceptable development not resolved to the satisfaction of the Council within 8 weeks; and
Development that would probably get retrospective planning permission.

By prioritising cases, the Council is not saying that action will not be taken on other breaches of planning or building control, or that people will "get away with it". It is simply saying that they may take longer to investigate and resolve.

It should also be borne in mind that the subject matter of complaint might not necessarily be a breach of planning or building control. Where such instances are identified, the matter will be brought to the attention of the appropriate agency/authority i.e. Housing, Police, Highways Agency, Inland Revenue, Benefits Agency, etc... for appropriate action under the relevant legislation.

Enforcement Index

When should the Council take action?
The Council must operate its enforcement activities strictly within advice given by Central Government. This means that:

the Council must decide whether the breach of planning or building control unacceptably affects public health, safety, or amenity;
it is usually inappropriate to take formal enforcement action against minor breaches of control which cause little or no harm to amenity in the locality;
enforcement action should not be taken simply because development has been commenced without the necessary permission(s), especially in instances where the Council considers that permission could be granted (perhaps with conditions in respect of planning matters).

However, if the Council fails to take appropriate enforcement action that is plainly necessary, or indeed unreasonably delays doing so, it could be found guilty of 'maladministration'. The procedures for pursuing a complaint against the Council on this are explained at the end of this leaflet.

Enforcement Index

What information will the Council need?
At all stages of investigations into alleged breaches of control, the Council will depend on local knowledge to add to its official records and notes of inspections. Recent changes in legislation, in particular the introduction of the Regulation of Investigatory Powers Act 2000, have meant that the Council is no longer able to ask complainants or other affected persons to provide information in support of the complaint. However, the Council can accept and use any such information that is provided voluntarily.

All complaints whether they be written or by telephone, anonymous or otherwise, will be registered. It is vital however, that when you first approach the Council, as much information as possible is given. Wherever possible, this should include:

the exact address and location of the land and/or building;
when the alleged unauthorised activities (building works or otherwise) started, and whether they are still continuing;
the names and addresses/telephone numbers (if known) of any owners, occupiers, or developers involved;
details of the problems encountered (i.e. smells, noise, traffic, etc...); and
in the case of a possibly unauthorised use, the frequency of the activity.

Enforcement Index

The Council's commitment
Every alleged breach of planning and building control will be recorded and entered into a confidential computerised system within 3 days of it being received by the department and an acknowledgement letter advising of the case officer's name and telephone number will be sent in instances where the name and address of the complainant is given. The source of all enforcement complaints will normally be kept completely confidential, and any name given at the time of the complaint will not be disclosed. However, and despite the above, it should be borne in mind that there will be occasions when the source of complaint is apparent to the other parties concerned.

Again where the source of complaint is known, it is the Council's aim to let the complainant know in writing, within 15 working days of the complaint being received, what action can or cannot be taken or whether further investigations are required. Each case will be individually assessed to determine what harm is being caused. This will enable the Council to decide the priority it should be given.

Enforcement Index

What actions can the Council take?
Once the Council has established that a breach of planning or building control has taken place there are a number of options available. The Council can decide to:

take no action;
ask for a retrospective planning and/or building regulation application to be submitted in order for the matter to be properly assessed and an appropriate remedy to be found;
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;
serve an informal notice or advise in writing of future implications should the relevant action not be taken within an appropriate specified time; or
consider seeking an injunction.

Enforcement Index

How long will it take?
As mentioned earlier, and in respect of those cases listed above, the Council will normally inform you of any intended course of action in respect of the complaint within 15 working days of receiving it. However, dealing with enforcement cases can be a lengthy and complex process. Each case is potentially different.

Formal enforcement action is normally only taken when a suitable solution cannot be identified or achieved. The Council prefers to resolve breaches of planning and building control by way of discussions and/or negotiations with those persons concerned.

When the Council issues a formal Enforcement Notice, this is often not the end of the matter. As explained earlier, there are rights of appeal, which in the case of planning related matters, have the effect of suspending action until such times as 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 will endeavour 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.

Enforcement Index

Breaches of Planning or Building Control - who to contact?
If you want to tell us about any possible breach of planning or building control, or you simply want to discuss a potential breach of planning or building control with a member of the Council's staff, telephone the Town Hall at South Shields on 0191 427 1717 and ask for either:

extension 7416 if your concern relates to a planning matter in relation to property or land/premises in the Boldons, Hebburn, or Jarrow; or
extension 7408 if your concern related to a planning matter in relation to property or land/buildings in South Shields, Cleadon, or Whitburn.
extensions 7436 / 7437 / 7438 if your concern is in relation to a Building Regulation or other Building Control matters throughout the Borough.
Tell Us About an Unauthorised Development Online

You may of course visit the Planning and Building Control reception, which is situated on Level 3 in the Town Hall in South Shields.

Alternatively, you may prefer to request your local Councillors to take up your complaint on your behalf.

All written complaints should be addressed as follows:

Neighbourhood Services
Town Hall and Civic Offices
Westoe Road
South Shields
NE33 2RL

Fax: 0191 427 7171

Enforcement Index

If you are still not satisfied what else can you do?
Planning and Building Control, along with all other departments within the Borough Council, are committed to providing a high quality service. We try extremely hard to keep these high standards but know that sometimes things can, and do, go wrong. In relation to Planning matters, decisions taken by the Council's planning officers will be made on planning merits, and it is inevitable that there will be some instances in Planning and Building Control enforcement matters where the end result will not necessarily satisfy you.

If you are dissatisfied with the service you have received, we want to hear from you. We will try to put this right by use of the avenues made available to us, and with a view to ensuring that it does not happen again.

You can help us to help you by letting us know if:

you are dissatisfied with the service you have received; or
you feel the service you received was provided inefficiently of unfairly.

In dealing with your planning enforcement complaint we will guarantee thoroughness, fairness, and confidentiality as far as is practicable.

If you are not happy with the way in which your Planning or Building Control enforcement complaint was dealt with, or the manner in which any representative of the Council has acted, the Council has a formal complaints procedure that is clearly explained in a leaflet entitled "Making a Complaint - A Guide to South Tyneside Council's Complaints Procedure". A copy of this leaflet and complaints form can be obtained upon request from any of the Council's offices.

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Business & Jobs Community & Living Council & Democracy Education & Leisure Environment & Planning Housing Transport & Streets News & Events Visiting Us	Planning Permission and Applications The Enforcement of Planning and Building Control-How it may affect you The Role of the Council As the Local Planning Authority and Building Control Authority, the Council has the responsibility for dealing with breaches of planning and building control. In most cases therefore, the decision whether to take formal enforcement action rests with the Council. However, the Council does not always have to take action and the decision will depend very much upon the particular circumstances of each case. It is not the Local Planning or Building Control Authority's role to resolve neighbour disputes. The carrying out of work, or changing the use of buildings, without first obtaining planning permission (where necessary) is not in itself an offence. Under planning legislation it only becomes an offence after the Council have issued and served the appropriate Notice, and those responsible do not take the necessary actions to remedy the situation, either by removing or modifying the unauthorised works, or by stopping the unauthorised activity in accordance with the requirements of any Notice issued. Under building control legislation however, failure to comply with certain Building Regulations is an offence and can be subject to immediate enforcement action. For both planning and building control there is a statutory right to submit a retrospective application in order for the matter to be properly considered by the Local Authority or to determine whether or not the unauthorised development can be modified in order to make it acceptable. For planning related matters there is a statutory right of appeal to the First Secretary of State (the Deputy Prime Minister) if any application is refused. All appeals are dealt with by an independent Inspector from the Government's Planning Inspectorate. For building regulations related matters there is also a right to apply to the Secretary of State for a determination if there is some question as to whether the works are in conformance with the regulations. Where it is considered that serious harm is being caused, or where a person's health or safety is compromised, the Council can and will in most cases serve a relevant Enforcement Notice. Again however, it should be noted that there is a statutory right of appeal as described above. Where the source of complaint is known, it is the Council's aim to let the complainant know in writing, within 15 working days of the complaint being received, what action can or cannot be taken, or whether further investigations are required. Each case will be individually assessed to determine what harm is being caused. This will enable the Council to decide the priority it should be given. Enforcement Index What are the Council's Planning and Building Control Enforcement priorities? The Council receives in excess of 200 complaints each year in respect of planning and building control matters. As there are obvious costs associated with investigating a complaint (e.g. staff time, site surveillance, legal action, etc...), the Council has to give priority to those cases where it considers that the greatest harm is being caused. It is to be appreciated that actions which give cause for concern and subsequently lead to complaints, will affect someone in some way, however small. Planning and Building Control therefore, have agreed the following priorities for action: Unauthorised works to any building which adversely affects the health, safety, or welfare of people in or around the building or excessive loss of amenity; Dangerous buildings; Retrospective applications for planning permission that have been refused; Work which may result in irreversible damage; Development contrary to a decision of the Council; Unacceptable development in danger of becoming immune from formal planning enforcement action; Unacceptable development within an area of special control; Unacceptable development not resolved to the satisfaction of the Council within 8 weeks; and Development that would probably get retrospective planning permission. By prioritising cases, the Council is not saying that action will not be taken on other breaches of planning or building control, or that people will "get away with it". It is simply saying that they may take longer to investigate and resolve. It should also be borne in mind that the subject matter of complaint might not necessarily be a breach of planning or building control. Where such instances are identified, the matter will be brought to the attention of the appropriate agency/authority i.e. Housing, Police, Highways Agency, Inland Revenue, Benefits Agency, etc... for appropriate action under the relevant legislation. Enforcement Index When should the Council take action? The Council must operate its enforcement activities strictly within advice given by Central Government. This means that: the Council must decide whether the breach of planning or building control unacceptably affects public health, safety, or amenity; it is usually inappropriate to take formal enforcement action against minor breaches of control which cause little or no harm to amenity in the locality; enforcement action should not be taken simply because development has been commenced without the necessary permission(s), especially in instances where the Council considers that permission could be granted (perhaps with conditions in respect of planning matters). However, if the Council fails to take appropriate enforcement action that is plainly necessary, or indeed unreasonably delays doing so, it could be found guilty of 'maladministration'. The procedures for pursuing a complaint against the Council on this are explained at the end of this leaflet. Enforcement Index What information will the Council need? At all stages of investigations into alleged breaches of control, the Council will depend on local knowledge to add to its official records and notes of inspections. Recent changes in legislation, in particular the introduction of the Regulation of Investigatory Powers Act 2000, have meant that the Council is no longer able to ask complainants or other affected persons to provide information in support of the complaint. However, the Council can accept and use any such information that is provided voluntarily. All complaints whether they be written or by telephone, anonymous or otherwise, will be registered. It is vital however, that when you first approach the Council, as much information as possible is given. Wherever possible, this should include: the exact address and location of the land and/or building; when the alleged unauthorised activities (building works or otherwise) started, and whether they are still continuing; the names and addresses/telephone numbers (if known) of any owners, occupiers, or developers involved; details of the problems encountered (i.e. smells, noise, traffic, etc...); and in the case of a possibly unauthorised use, the frequency of the activity. Enforcement Index The Council's commitment Every alleged breach of planning and building control will be recorded and entered into a confidential computerised system within 3 days of it being received by the department and an acknowledgement letter advising of the case officer's name and telephone number will be sent in instances where the name and address of the complainant is given. The source of all enforcement complaints will normally be kept completely confidential, and any name given at the time of the complaint will not be disclosed. However, and despite the above, it should be borne in mind that there will be occasions when the source of complaint is apparent to the other parties concerned. Again where the source of complaint is known, it is the Council's aim to let the complainant know in writing, within 15 working days of the complaint being received, what action can or cannot be taken or whether further investigations are required. Each case will be individually assessed to determine what harm is being caused. This will enable the Council to decide the priority it should be given. Enforcement Index What actions can the Council take? Once the Council has established that a breach of planning or building control has taken place there are a number of options available. The Council can decide to: take no action; ask for a retrospective planning and/or building regulation application to be submitted in order for the matter to be properly assessed and an appropriate remedy to be found; 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; serve an informal notice or advise in writing of future implications should the relevant action not be taken within an appropriate specified time; or consider seeking an injunction. Enforcement Index How long will it take? As mentioned earlier, and in respect of those cases listed above, the Council will normally inform you of any intended course of action in respect of the complaint within 15 working days of receiving it. However, dealing with enforcement cases can be a lengthy and complex process. Each case is potentially different. Formal enforcement action is normally only taken when a suitable solution cannot be identified or achieved. The Council prefers to resolve breaches of planning and building control by way of discussions and/or negotiations with those persons concerned. When the Council issues a formal Enforcement Notice, this is often not the end of the matter. As explained earlier, there are rights of appeal, which in the case of planning related matters, have the effect of suspending action until such times as 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 will endeavour 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. Enforcement Index Breaches of Planning or Building Control - who to contact? If you want to tell us about any possible breach of planning or building control, or you simply want to discuss a potential breach of planning or building control with a member of the Council's staff, telephone the Town Hall at South Shields on 0191 427 1717 and ask for either: extension 7416 if your concern relates to a planning matter in relation to property or land/premises in the Boldons, Hebburn, or Jarrow; or extension 7408 if your concern related to a planning matter in relation to property or land/buildings in South Shields, Cleadon, or Whitburn. extensions 7436 / 7437 / 7438 if your concern is in relation to a Building Regulation or other Building Control matters throughout the Borough. Tell Us About an Unauthorised Development Online You may of course visit the Planning and Building Control reception, which is situated on Level 3 in the Town Hall in South Shields. Alternatively, you may prefer to request your local Councillors to take up your complaint on your behalf. All written complaints should be addressed as follows: Neighbourhood Services Town Hall and Civic Offices Westoe Road South Shields NE33 2RL Fax: 0191 427 7171 Enforcement Index If you are still not satisfied what else can you do? Planning and Building Control, along with all other departments within the Borough Council, are committed to providing a high quality service. We try extremely hard to keep these high standards but know that sometimes things can, and do, go wrong. In relation to Planning matters, decisions taken by the Council's planning officers will be made on planning merits, and it is inevitable that there will be some instances in Planning and Building Control enforcement matters where the end result will not necessarily satisfy you. If you are dissatisfied with the service you have received, we want to hear from you. We will try to put this right by use of the avenues made available to us, and with a view to ensuring that it does not happen again. You can help us to help you by letting us know if: you are dissatisfied with the service you have received; or you feel the service you received was provided inefficiently of unfairly. In dealing with your planning enforcement complaint we will guarantee thoroughness, fairness, and confidentiality as far as is practicable. If you are not happy with the way in which your Planning or Building Control enforcement complaint was dealt with, or the manner in which any representative of the Council has acted, the Council has a formal complaints procedure that is clearly explained in a leaflet entitled "Making a Complaint - A Guide to South Tyneside Council's Complaints Procedure". A copy of this leaflet and complaints form can be obtained upon request from any of the Council's offices. Planning Home Page.
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The Enforcement of Planning and Building Control-How it may affect you